and the fee to each lawyer is twenty shillings, whether the action be tried or not, besides various other expenses. There are as many suits of conscience before the justices of the peace, and ministers, and deacons; so that the sum annually expended in law in the whole colony is amazing. It was not without reason, therefore, that the judges, the lawyers, the ministers and deacons, the sheriffs and constables, opposed the stamp-act with all their might. They told the people that, if this act took place, their liberties would be destroyed, and they would be tried by King’s judges without jury.
The singular nature of some of the suits entitles them to particular notice. When the ice and flood prevail in the great river Connecticut, they frequently carry off large pieces of ground on one side, and carry them over to the other. By this means the river is every year changing its bed, to the advantage of some persons and the disadvantage of others. This has proved the source of perplexing lawsuits, and will most likely continue to produce the same effects so long as the demi-annual assemblies remain in the colony; for the judgment of the Assembly in May is rescinded by that in October, and so vice versa. Thus a lawsuit in Connecticut is endless, to the ruin of both plaintiff and defendant.
The County and Superior Courts, also, in different years give different judgments; and the reason is the popular constitution of the colony, whereby different parties prevail at different times, each of whom carefully undoes what the others have done. Thus the glorious uncertainty of the law renders the possession of property in Connecticut extremely precarious. The question, however, touching the lands being removed
from place to place by the floods and ice, requires the skill of both juries and casuists. The most simple case of the kind that has been communicated to me is the following:
A piece of land belonging to A., in Springfield, with a house, &c. standing upon it, was removed by the flood to another town, and settled on land belonging to W. A. claimed his house and land, and took possession of them; whereupon W. sued A. for a trespass, and the court ejected A. But A. afterward obtained a revision of the judgment; when W. again sued A., and got a decree that A. should remove his own land off from the land of W., or pay W. for his land. Further litigation ensued, both parties pleading that the act of God injured no man according to the English law. The judges said that the act of God in this case equally fell upon A. and W. The dispute rests in statu quo, the jurisprudence of Connecticut not having yet taught mankind what is just and legal in this important controversy.
Supposing the flood had carried A.’s ship or raft on W.’s land, the ship or raft would still belong to A., and W. could recover damages; but then A. must take away his ship or raft in a reasonable time. Yet, in the case where an island, or point of land, is removed by the waters, or an earthquake, upon a neighbouring shore, Q. Ought not the islanders to keep possession of the superficies? This may be a new case in Europe.
Manners and Customs.—Gravity and serious deportment, together with shyness and bashfulness, generally attend first communications with the inhabitants of Connecticut; but after a short acquaintance they become
very familiar, and inquisitive about news. Who are you? whence come you? where going? what is your business? and what your religion? They do not consider these, and similar questions, impertinent, and consequently expect a civil answer. When the stranger has satisfied their curiosity, they will treat him with all the hospitality in their power, and great caution must be observed to get quit of them and their houses without giving offence. If the stranger has cross and difficult roads to travel, they will go with him till all danger is past, without fee or reward. The stranger has nothing to do but civilly say, “Sir, I thank you, and will call upon you when I return.” He must not say, “God bless you,” or “I shall be glad to see you at my house,” unless he is a minister; because they hold that the words “God bless you” should not be spoken by common people; and “I shall be glad to see you at my house” they look upon as an insincere compliment, paid them for what they do out of duty to the stranger. Their hospitality is highly exemplary; they are sincere in it, and reap great pleasure by reflecting that, perhaps, they have entertained angels.
The Rev. Mr. George Whitefield, in one of his sermons, gave them the following character: “I have found,” said he, “the people of Connecticut the wisest of any upon the continent; they are the best friends and the worst enemies; they are hair-brained bigots on all sides, and they may be compared to the horse and mule, without bit and bridle. In other colonies I have paid for food and lodging, but could never spend one penny in fruitful Connecticut, whose banks flow with milk and honey, and whose sons and
daughters never fail to feed and refresh the weary traveller, without money and without price.”