<'A \a vi^' ' i."-'// - I I r ,'■ -^ lJAlnli■Jl^■^ uuira*- i i^- I F0% V ^ c^ ^ Jill i •nffx fpy/A ■>:;■ m i v. '"^UNIVERS/A :?§ Vein t iiin ii\V^ 'vl'i/n I mr\. ttv^ s 3 ^ g ^lUBRARYQc^ ^xwmv?:,. '^iOJIWDJO'^ '^iJOJIlVDJO'*^ f old settlers, in which backwood life is to be seen in all its simplicity, yet the country has passed the period of youth, and may now be called an old colony. Of the habits, manners, and modes of thoufrht of the people, few travellers have had such an opportunity of becoming acquainted as I have. At the suggestion of Mr. liarclay, a member of the provincial bar, with whom I accidentally became acquainted on my arrival at Halifax, I abandoned for a time my intention of proceeding to New York, and from thence to the South and West, and renuiiucd in this country for a period sufficiently long to acquire that knowledge of Anglo-American character without wliieh nij)id tra- velling on this continent is neither convenient nor instructive. J}y liiiii I was conducted to lUinoo, an interior town, about fifty miles from Halifax, and there introduced to Mr. Justice Sandford, a retired Judge of the Supreme Court of Judicature. By the LIFE IN A COLONY. considerate kindness of these two gentlemen, I was enabled to see all that was desirable to be seen, and to understand many little points in the character of the people, which, without their valuable explanations, would have either escaped my notice, or have been un- intelligible. Illinoo is situated at the head of the naviga- tion of the Tnganish river, and is a neat, thriving town, consisting of about a hundred and fifty wooden houses, painted white, after the prevailing American taste, most of them being decorated with green Venetian blinds, and all enclosed by board fences of different patterns. The glare of the glossy white is somewhat relieved by the foliage of the gar- dens that everywhere surround the houses, and supply the inhabitants with fruit and vegetables. Such is Illinoo, the description of which will answer for any other rural village, the difference in general being one of situation, rather than appearance and of size, more than beauty. Three miles further up the river, and above the in- fluence of the tide, is Elmsdale, the residence of Judge Sandford. The house stands on a rising piece of ground in the centre of an extensive island, formed by two branches of the river, one of which is a small brook of about twenty yards in width, and the other the main stream. The island consists principally of alluvial soil, but is interspersed here and there with gently swelling knolls of loam, covered with oaks. 8 THE OLD JUDGE; OR, iiiaplo.'*, aiul yellow birches, while the meadow land is decorated with lar^e single elms of immense size and jjreat beauty. The nuiririn is secured airainst the effects of the current bv the roots of the shumach, the wild flowering pear, and dwarf rowan tree, and the still stronirer network of the roots of the iriant elms that enclose the place on all sides. On the south-west and east, this valley is sheltered from the wind by a mountainous ridge, through a winding and almost concealed gorge, of which the river precipitately issues, previously to its forming the biforcation that converts Elmsdale into an island. The house, which was built by the present pro- prietor's father, an American Loyalist, is a large com- modious cottage of one story in height, covering a great deal of ground, and constructed after the manner of the German settlers on the Hudson, having long pro- jecting eves, and an extensive, elongated range of buildings protruding from the back part, devoted to the use of domestics and farm purposes, and which is effectually concealed from view by an almost impene- trable hedge-row of spruces. Two noble, primeval elms, at either side of the hall-door, rejoice in their native soil, and with their long, umbrageous, pendent branches, equally deny admission to the rain and sun. The interior of the house corresponds, to a great ex- tent, with its outward appearance. The furniture is in general old, solid, and heavy, like that used in our former colonies before the rebellion, which contrasts I LIFE IN A COLONY. 9 oddly with an occasional article of lighter form, and later and more fashionable manufacture. They are types of the old and the present generation ; for, alas, it is to be feared that what has been gained in appear- ance has been lost in substance, in things of far more value and importance. It is a place of great beauty at all seasons of the year ; but, in spring, when vege- tation first clothes the mountains, and in autumn, when the frost tinges it with innumerable hues before it dis- robes it, it is pre-eminently so. The forest, to which you are attracted in summer by its grateful shade, is rendered still more agreeable and cool, by the numerous rapids and cascades of the river; and even winter, dreary as it is everywhere in the country, is here stripped of half its rigour, by the barrier the hills present to the stormy winds. To this hospitable and charming mansion I was so fortunate as to be invited by the Judge, at the sugges- tion, no doubt, of his nephew, my friend Mr. Barclay. •• He will be delighted to see you,"" he said, as we drove thither from the village. " He is one of those persons with whom you will feel at home and at ease at once. Such is the force of professional habit, that there is something of judicial gravity in his manner when abroad, or among those he does not know, but there is not the least of it about him when at home, or among his friends, A.lthough far advanced in years, he is still as active in body and mind, as quick of per- ception, and as fond of humour, as when he was at B 5 10 THE OLD JUDGE ; OR, tlio bar. He abounds in anoodotc; is remarkably well informed for a lawyer, for their libraries necessarily contain more heavy learning than lii^ht reading; and he has great conversational powers, ki religion he is a Churchman, and in politics a Conservative, as is almost every gentleman in these colonies. On the first subject he never speaks as a topic of discussion, and on the latter very rarely, and then only to those who, he knows, entertain similar opinions with him- self. He will press you to make his house your home, as far as is compatible with your other arrangements, and 1 hope you will not fail to do so, for he is fond of having his friends about him, and in this retired place considers it a great piece of good fortune to have an opportunity of conversing with a person whose ideas are not all bounded by this little province. On the other hand, you will find a kind, frank, but plain hospitality, that is comfortable without being oppres- sive ; and, as your object is information about colonial life, I know of no man in this country so well qualified or so willing to impart it as he is. There is capital ?ihooting and fishing on his grounds ; and, when you feel inclined for a ride or a drive, either ho or his niece (for he is an old bachelor) will be happy to accompany you, while I am always on hand, and at your service. Don't be afraid of my fair cousin," he continued ; " thouu:h not too old to be agreeable, (for my uncle is an instance of the dilliculty of deciding when that period of life commences) she is of a cer- LIFE IN A COLONY. 11 tain age, when she may be considered no longer dangerous." Leaving the highway, we crossed the brook that separates the island from the main land over a rustic arch, so constructed between clumps of large French willows o-rowino; on the banks as to have the effect of a natural bridfje. The road wound round the base of a knoll, through a forest of elms, from which, with an easy sweep, it suddenly terminated in front of the house. From thence we proceeded to the garden, where we understood the Judge was superintending some improvements. This enclosure covers about two acres of land, and embraces the fruitery, shrub- bery, kitchen and flower garden ; thus combining use- fiil with ornamental cultivation, and keeping both within the limits of moderate means. In summer, he spends most of his time here, when the weather permits. As soon as he perceived us, he advanced, and cor- dially welcomed me to Elmsdale, which, he said, he hoped I would make my head-quarters and consider my home, as often and as long as I could, while in this part of the country. Though thin, his frame was strong, and well put together, and therefore, though short in stature, he could not be called a small man. In figure, he was erect, and in motion active, while his quick bright eye, notwithstanding the snowy whiteness of his hair, and a face in which the traces of care and thought were 1- TJIIi; OLD JlDfiE ; OR, "loeply marked, suggested the idea of a niucli younger person than lie ri'ally was — an illusion not a little aided by the sprlgiitliness of his conversation, and the singular smoothness and expansion of the upper part of his forehead. In a few moments we were joined by Miss Sand- ford, who entered tlie garden by a glass door from tlie library, that opened upon the verandah where we were standing, and admonished her uncle that, as every- body was not quite as interested in gardening as he was, it might not be amiss to recollect that it was the liour of luncheon. From the ao;e aS well as the affec- tion of these relatives, brother would have seemed to be a more appropriate term for her to have used than uncle ; but there was, in reality, a much greater dis- parity between them in years, activity, and strength, than there appeared to be at first sight. She was admirably well (jualified to preside over his establish- ment, and be his companion ; for she was a remark- ably well-informed and agreeable woman, and, what could scarcely be expected, and is rarely found in a new country like this, was highly accomplished, which latter advantaue she owed tu a lonij residence and careful education in England. Such was the place where I resided, and such the people among whom 1 was domesticated so often and so long. Having, like Boswell, kept a co})i()us journal of the conversations I had with the Judge, I shall in all instances let him speak for himself, as his power of LIFE IN A COLONY. 13 description far exceeds mine. When he was not present, I shall endeavour to delineate the scenes I witnessed myself, without embellishment on the one hand, and, as far as practicable, without prolixity on the other. 14 THE OLD JLDtii:; OU, CHAPTER IT. HOW MANY FINS HAS A COD? OR, FORTV YEARS AGO. For several days past, nothing else lias been talked of at Illinoo but the appi'oacliing term of the Supreme Court. At all times, this is a great event for a quiet village, where there is but little to diversify the mono- tony of life ; but the arrival of the Judge and the circuit lawyers is now looked forward to with great interest, as there is to be a man tried for murder, who, in all probability, will be convicted and executed. I have much curiosity to see the mode of administering justice in this country, because the state of the courts is a very good criterion by which to estimate the state of the province. The Bench and the Bar usually furnish fair samples of the talent and education of the gentry — the grand jury of the class inunediately below them, and the petit-jury of the yeomanry and trades- men. In a court-house, they are all to be seen in juxtaposition, and a stranger is enabled to compare them one with the other, with tiie condition of the people and similar institutions in different countries. The Judjre informs me that the first courts esta- LIFE IN A COLONY. 15 blished in this province were County Courts, the Judges of which were not professional men, but selected from the magistrates of the district, who rendered their services gratuitously. The efficiency of these courts, therefore, depended wholly upon the character and attainments of the Justices of the Peace in the neighbourhood. In some instances, they were conducted with much decorum, and not without ability ; in others, they pre- sented scenes of great confusion and disorder ; but, in all cases, they were the centre of attraction to the whole county. The vicinity of the court-house was a sort of fair, where people assembled to transact busi- ness, or to amuse themselves. Horse -swapping or racing, wrestling and boxing, smoking and drinking, sales at auction, and games of various kinds, occupied the noisy and not very sober crowd. The temperance of modern times, the substitution of professional men as judges, and an entire change of habits among the people, have no less altered the character of the scenes within than without the walls of these halls of justice. In no respect is the improvement of this country so apparent as in its judicial establishments. As an illus- tration of the condition of some of these County Courts in the olden time, the Judge related to me the follow- ing extraordinary story that .occurred to himself: — Shortly after my return from Europe, about forty years ago, I attended the Western Circuit of the Supreme Court, which then terminated at Annapolis, and remained behind a few days, for the purpose of ex- 1(5 TIIR OLD JUDGE; OR, aniininir that most interestinir place, which is tlie scene of the first eftective settlement in North America. While engaged in these investigations, a person called upon me, and told me he liad ridden express from Plymouth, to obtain my assistance in a cause which was to be tried in a day or two in the county court at that place. The judges were at that period, as I have previously observed, not professional men, but magistrates, and equally unable to administer law, or to preserve order ; and the verdicts generally de- pended more upon the declamatory powers of the law- yers than the merits of the causes. The distance was great — the journey had to be performed on horseback — the roads were bad, the accomuiodation worse. 1 had a great repugnance to attend these courts under any circumstances ; and, besides, had pressing engage- ments at home. I therefore declined acceptino- his retainer, which was the largest that at that time had ever been tendered to me, and begged to be excused. If the fee, he said, was too small to render it worth my while to go, hv would cheerfully double it, for money was no object. The cause was one of great im- portance to his friend, Mr. John Ikrkins, and of deep interest to the whole community ; and, as the few lawyers that resided within a liundred miles of the place were engaged on the other side, if I did not go, his unfortunate friend would fall a victim to the in- trigues and injustice of his opponents. In short, he was so urgent, that at last I was prevailed upon to con- LIFE IN A COLONY. 17 sent, and we set off together to prosecute our journey- on horseback. The agent, Mr. WiUiam Robins (who had the most accurate and capacious memory of any man I ever met), proved a most entertaining and agreeable companion. He had read a great deal, and retained it all ; and, having resided many years near Plymouth, knew ever}'^ body, every place, and every tradition. Withal, he was somewhat of a humourist. Finding him a person of this description, my curiosity was excited to know who and what he was ; and I put the question to him. " I am of the same profession you are, sir," he said. I immediately reined up.« •' If that be the case," I replied, "my good friend, you must try the cause yourself. I cannot consent to go on. The only thing that induced me to set out with you was your assertion that every lawyer, within a hundred miles of Plymouth, was retained on the other side." " Excuse me, sir," he said, " I did not say I was a lawyer." " No," I observed, " you did not ; but you stated that you were of the same profession as myself, which is the same thing." •' Not exactly, sir," he said. " I am a wrecker. I am Lloyds'' agent, and live on the misfortunes of others ; so do you. When a vessel is wrecked, it is my busi- ness to get her off, or to save the property. When a man is entangled among the shoals or quicksands of 18 THE OLD JUDGE; OR, the law, your duty is similar. Wo are both wreckers, and, therefore, members of the same profession. The only diftercnee is, you are a lawyer, and I am not." This absurd reply removing all dilHculty, we pro- ceeded on our journey; and the first night after passing through Digby reached Sliingle Town, or Spaitsville, the origin of which, as he related it to me, was the most whimsical story 1 ever heard. It is rather long for an episode, and I Avill tell it to you some otlier time. The next morning we reached Clare, a town- ship wholly owned and occupied by French Acadians, the descendants of those persons who first settled at Port Royal (as I have just related), and other parts of the province into which they had penetrated, pre- vious to the occupation of the English. I will not trouble you with the melancholy history of these people at present; I only allude to them now on account of a little incident in our journey. As we approached the chapel, we saw a large number of persons in front of tlie priest\s house, having either terminated or being about to commence a procession. As soon as Robins saw them, he said — " Now, T will make every man of tliat congregation take oft' his hat to nie." " How r " You shall see." He soon pulled up opposite to a large wooden cross that stood by the way-side, and, taking oft" his hat, bowed his head most reverently and respectfully down LIFE IX A COLONY. 19 to the horse's neck, and then, slowly covering again, passed on. When we reached the crowd, every hat was lifted in deference to the devout stranger, who had thus courteously or piously saluted the emblem of their faith. As soon as we had escaped the wondering gaze of the people, he observed — " There, lawyer, there is a useful lesson in life for you. He who respects the religious feelings of others, will not fail to win indulijence for his own."" In the afternoon we arrived at Plvmouth. As we entered the village, I observed that the court-house as usual was surrounded by a noisy multitude, some de- tached groups of which appeared to be discussing the trials of the morning, or anticipating that which was to engross the attention of the public on the succeeding day. On the opposite side of the road was a large tavern, the hospitable door of which stood invitingly open, and permitted the escape of most agreeable and seducino; odours of rum and tobacco. The crowd occu- pied and filled the space between the two buildings, and presented a moving and agitated surface ; and yet a strong current was perceptible to a practised eye in this turbid mass, setting steadily out of the court- house, and passing slowly but constantly through the centre of this estuary into the tavern, and returning again in an eddy on either side. Where every one was talking at the same time, no individual could be heard or understood at a distance, but the united vociferations of the assembled hundreds 20 THE OLD Jl DCiK; OR, blended togetlier, and formed the deep-toned but disso- nant voice of that hydra-headed monster, the crowd. On a nearer approach, the sounds that composed this unceasin<>- roar became more distinouishablc. The drunken man might be lieard rebuking the profane, and the profane overwliehning the hypocrite witli oppro- brium for his cant. Neighbours, rendered amiable by liquor, embraced as brothers, and loudly proclaimed their unchangeable friendship ; while the memory of past injuries, awakened into fury by the li