I left Baltimore with regret: I had been kindly and hospitably

treated there,—and in a few hours the mail carried me to Washington.

This city of distances—this capital that is to be—is laid out upon

an open piece of undulating down, on the north side of the Potomac.

The capitol of the United States is built upon the most lofty part

of it, which is ascended by a fine flight of steps, and altogether

has a very imposing appearance, being visible at a great distance

from almost every side. It is of free-stone, which is found on the

river about thirty miles below the city. In front is a magnificent

portico of Corinthian columns, and behind it there is another; in the

same style, (though larger), as that at Wanstead House in Essex, or

Wentworth Castle in Yorkshire, which is a copy of Wanstead. On the top

are three domes; that in the centre would look a great deal better

if it were deeply fluted, like the dome of St. Paul’s; at present it

would be much better out of the way, as it gives a general appearance

of heaviness, to what would otherwise be deservedly thought a very

fine building. From the balustrade is obtained a delightful view of

the river, and the surrounding country. The centre of the interior

of the capitol, is occupied by a large open space under the dome,

containing four pictures, that look very well at a little distance:

the subjects are the Signing of the Declaration of Independence, the

Surrender of General Burgoyne, the Surrender of Lord Cornwallis;

and General Washington resigning his command at Annapolis. They are

painted by Col. Trumbull. The remainder of the capitol is occupied

by the apartments and offices connected with the senate, the house

of representatives, and the supreme court of the United States. The

pillars which support the roof of the chamber of representatives, are

of breccia, or pudding-stone; perhaps the most singular formation of

the kind that is to be found anywhere, not excepting that at Monserrat

in Spain, which is entirely composed of breccia. Fragments of granite,

quartz, limestone, and other rocks, have been pressed together in the

most extraordinary manner, by some stupendous power, and from a little

distance the composition might be mistaken for the _verd antique_.

It is found on the Potomac, about thirty miles above Washington. The

president’s house is a handsome building, with an Ionic portico; and

the only one in the States that resembles the modern residence of

a British nobleman. It is exactly at the distance of one mile and a

half in a straight line from the capitol, and the houses are continued

beyond it for nearly another. Numerous large streets radiate from the

capitol and the president’s house, as centres—a method of laying out a

city far handsomer than that which has been adopted at Philadelphia,

where the streets cross each other at right angles. Who that has

seen the “Perspective” at Petersburg, can ever forget it? where the

principal streets are all pointed towards the beautifully gilt steeple

of the Admiralty, that is seen glittering at the end of each of them.

It must be allowed that this arrangement has its disadvantages in the

shape of the houses, and apartments, one end of which, if they are

regularly divided, must be larger than the other.

In the dock-yard at Washington, I saw a sixty-gun frigate in a state of

forwardness, and a small schooner constructed on a plan that had never

been applied to a vessel of war, being of the same shape fore and aft,

and having no internal timbers. The blocks made there, are not all of

one piece, as they are at our dock-yard at Portsmouth. A double block

for instance, is composed of seven pieces of wood, exclusively of the

sheave. They are, no doubt, much stronger when made in this manner; but

a man can make but one in half an hour.

The college at George Town, adjoining the city, is a Catholic

establishment; its members are Jesuits, and who, as usual, are

increasing their influence, by purchasing lands, &c. Attached to the

college, is the nunnery of the Sisters of Visitation, containing about

fifty nuns. They tell there of a Hohenlohe miracle.

Washington, like most of the American cities, can boast of several

beautiful rides and walks in its vicinity. Arlington, the seat of

George Washington P. Castis, Esq., occupies a most conspicuous and

commanding situation, on the south bank of the Potomac. It is visible

for many miles, and in the distance has the appearance of a superior

English country residence, beyond any place I had seen in the States:

but as I came close to it, as usual, I was wofully disappointed. It

contains a valuable portrait of Washington, when a Major in the British

service, and wearing of course the blue-and-buff uniform.

Not far from the race ground, and about three miles from George

Town, is the residence of a gentleman who has paid greater and more

indefatigable attention to the culture of the vine than any other

person in America. The vineyards around his house produce several

different kinds of grapes; from which, considering how few years have

elapsed since the attempt was first made, he may be said to have been

very successful in producing some very good and palatable wines.

Amongst others, the best is dignified by the very aristocratic name of

“Tokay.” It is made from the “Catawba” grape, which he himself first

found in a cottager’s garden, not far from a tavern bearing the sign

of the Catawba Indians, distant about twenty miles from Washington.

From this circumstance he called it the Catawba grape. The Catawba

is a river of South Carolina, but no grape of the kind is found near

it. The cottagers could give him no satisfactory account of it, and

he never could find out whether it was indigenous, or, which is most

likely the fact, imported. It is rather a large grape, thick-skinned,

but at the same time very transparent, with a fine purple blush, and

far more fit for making wine than to form part of a dessert. As yet it

appears to thrive better than any kind of grape that has been tried

in the United States; so much so, that at Pittsburgh, and Lancaster,

and other places where there are vineyards, they have cleared away

a large proportion of the European plants, in favour of the Catawba

vine. He informed me that he had sent cuttings of it to every State

in the Union excepting Florida, Arkansaw, and Kentucky. A long time,

however, must elapse before the Americans can compete with the wines

of Europe: as yet, comparatively speaking, little can be known there,

either with reference to the best fruit, or to the soil and temperature

necessary to bring it to perfection. Upwards of seventy kinds of the

wild vine are found in the American forests, but not more than half

of them bear fruit. At Boston I tasted a grape called the Isabella

grape, whose flavour was still harsh, but was a great and decided

improvement in every respect, upon the sourness of the fox-grape of the

woods, from which, I was informed, it had been originally produced. I

am, of course, speaking of the Catawba and other grapes, only in their

wine-making capacity; the grapes raised in the United States for the

table, are exceedingly good and very plentiful.

As a matter of course, I visited Mount Vernon. A steam-boat conveyed me

to Alexandria in an hour. Alexandria was taken by the British squadron

on the 29th of August, 1814, and the stores of flour, tobacco, and

cotton, were carried off by them. It contains a population of 9000

persons, and carries on a trade in flour, tobacco, fish, and lumber, to

the southern States and the West Indies, although Baltimore has run

away with the greater part of its commerce. A ride of nine miles on a

well-shaded road, conducted me to Mount Vernon, now in possession of

John Augustine Washington, Esq., nephew to the General, and to the late

Judge, whose worth and learning are recorded by an inscription in the

court-house of Philadelphia. Of the house itself there is little to be

said. I saw there a piece of an old mug, which bears upon it a small

head of the General, said to be the best likeness of him that is known

anywhere. From the lawn, there is a fine view of the Potomac with Fort

Washington nearly opposite, which was abandoned at the approach of the

British squadron in 1814. In passing Mount Vernon, the ships fired a

salute it well deserved. I must confess that I was greatly disappointed

at the sight of the tomb that contains the ashes of Washington. I

did not expect grandeur, but I thought to have seen something more

respectable than either the old, or the new tomb, to which the coffin

was removed two years ago. But for the inscription, I should have

taken them for a couple of ice-houses. An avoidance of every thing

like pretension is desirable only so long as it is attended with

neatness;—but there is not even what can be fairly called a path to

either of them. Instead of feeling as I wished, whilst in contemplation

of the last long-home of this really great, because good man, my mind

was only occupied by intrusive reflections on the insignificant and

pauper-like appearance of the whole scene before me. The tears of La

Fayette, when visiting the tomb in 1825, might have partly flowed from

other sources than the mere consciousness that he was standing in the

presence of the mortal remains of his old friend and companion in

arms. There has been some talk of removing the coffin to the centre of

the hall in the capitol, and of a monument to be raised over it, but

I have understood that it is not seriously contemplated. If it were

placed there, it might one day be the means of saving the Union. How

forcible, how effective, in a moment of danger, might be an eloquent

appeal to its presence, made by the Judges of the supreme court, or the

orators of the American congress!

I was never fortunate enough to hear a mocking bird in its wild

state; I had frequently heard them in cages, but nowhere in such

perfection as at Washington. This bird, one of the noblest in nature,

is an inhabitant of the southern states only, and is thus described

by Wilson, the celebrated Ornithologist. “The plumage of the mocking

bird would scarcely entitle him to notice, but his figure is well

proportioned, and even handsome. The ease, elegance, and rapidity

of his movements—the animation of his eye, and the intelligence he

displays in listening and laying up lessons from almost every species

of the feathered race within his hearing, are really surprising, and

mark the superiority of his genius. He has a voice capable of almost

every modulation, from the clear mellow notes of the wood-thrush,

to the savage scream of the bald-eagle. In measure and accent, he

faithfully follows his originals; in force and sweetness of expression,

he greatly improves upon them: his admirable song rises paramount

over every competitor. His own native notes are bold and full, and

varied beyond all limits. In the height of his song, his ardour and

animation appear unbounded—he sweeps round with enthusiastic ecstasy—he

mounts or descends as his song swells or dies away; and as my friend

Mr. Bartram, (an American naturalist), has beautifully expressed it:

“he bounds aloft with the rapidity of an arrow, as if to recover or

recall his very soul, expired in the last elevated strain. While thus

exerting himself, a by-stander destitute of sight would suppose, that

the whole feathered tribe had assembled together, each striving to

produce his utmost effort, so perfect are his imitations. He many times

deceives the sportsman, and sends him in search of birds that are not

within a mile of him, but whose notes he exactly imitates. Even birds

themselves are imposed upon by his admirable music, and are decoyed

by the fancied calls of their mates, or are driven with precipitation

into the depths of the forest, at the screams of what they suppose

to be the sparrow-hawk.” He is of a size between the thrush and the

nightingale, but shaped like the latter bird. His plumage in general

is of a cinerous brown colour, with a broad bar of white on the wing,

which he is very fond of displaying. I am afraid that I never heard

them in perfection; but to judge from what I did hear, I should suppose

that although infinitely more varied, his natural notes were neither so

full nor so rich as those of the nightingale. But there are many who

think differently.”

One morning I was much amused by the debut of a new volunteer corps,

calling themselves the Highlanders,—Washington being one of the

flattest places in the States. The dress would have looked well enough

had it been uniform, but I was told there was not plaid enough of

the same pattern to be obtained in the city. The bonnet had a very

theatrical appearance, and would not have been half so bad, had not

the eye been attracted by the waistcoat and the broad lacings of the

coat, all of which were of a very dark sky-blue. I have a great respect

for the tartan; and I thought it might have looked decent, even when

converted, as it was, into small-clothes, had they not been made

extremely tight. Still, however, the costume of the nether man might

have passed unnoticed, had not the enormous bows at the knees been

composed of tri-coloured ribbon, and the general effect much heightened

by the long nankeen gaiters, which covered the leg from the knee to the

shoe.

In the capitol, as all the world knows, sit the senate, the house

of representatives, and the supreme court of the United States. And

here I may be permitted to remark, that when writing generally on

such a subject as the United States, every candid person will make

allowances for the impossibility of avoiding a repetition of things

already well known and well described. Under the apprehension that I

shall frequently be in error on this head, I think the safest mode is

to apologise at once, and beforehand. None, however, is necessary for

not entering at large upon a subject so tedious and so endless, as

that of the courts of the different states in their separate capacity

as to the federal judiciary. I may mention, that the United States

are divided into seven judicial circuits, and thirty-two judicial

districts. Each state is one district, with the exceptions of New

York, Pennsylvania, Virginia, Tennessee, Louisiana, and Alabama; which

are each of them divided into two districts. There are three courts

belonging to the general or federal government: the district court,

the circuit court, and the supreme court. The district court possesses

a civil and criminal admiralty and maritime jurisdiction, and also

takes cognizance of all cases affecting the revenue, and all crimes

and offences committed within the district, which are punishable by

moderate corporal punishment, or fine and imprisonment. It is held by

a district judge (there being one in each district), sitting alone,

four times a year: his salary varies from 1000 to 3000 dollars a year.

An appeal lies from his decision in cases where, exclusive of costs,

the matter in dispute exceeds the sum or value of fifty dollars, to

the “circuit court,” possessing an original jurisdiction, civil and

criminal. The civil jurisdiction extends to all controversies between

citizens of different states, and between a citizen and an alien. All

offences against the penal laws of the United States, can be tried in

this court. It is also a court of equity. The circuit court is held

before the district judge, sitting twice a year with the judge of

the supreme court. An appeal lies from its decisions to the supreme

court of the United States, where the matter in dispute exceeds 2000

dollars. In criminal cases, a point may be reserved for the opinion

of the judges of the supreme court, which is sent down to the circuit

court to be proceeded upon afterwards. In six of the states, Alabama,

Mississippi, Louisiana, Indiana, Illinois, and Missouri, there is no

circuit court, because the judges of the supreme court could not find

time to sit there twice a year; but the district courts possess the

powers and jurisdiction of a circuit court.

The supreme court of the United States, is a very high and honourable

tribunal, composed of a chief justice, with a salary of 5000 dollars

(1125_l._), and six associate justices, with a salary of 4500 dollars

each, who hold a sitting once a year, at Washington, commencing on

the second Monday in January. The court sits five hours every day for

two months, deciding in that time usually about eighty causes, which

are reported as those of the law courts in England used, and ought

still to be, by an officer of the court. Its original jurisdiction

is confined to all such cases, affecting ambassadors, consuls, and

vice-consuls, as a court of law can exercise consistently with the law

of nations; and it has original, but not exclusive jurisdiction of all

suits brought by ambassadors, and other public ministers, in which a

consul or vice-consul is a party. But its dignity rests chiefly on its

appellate jurisdiction, which extends to all cases and appeals, and

writs of error from the circuit courts: likewise in all cases where the

constitution and laws of the federal government, or the construction of

any treaty entered into by the federal government, or its validity, or

any right or interest under a treaty, has been a subject of controversy

in the state tribunals. Its decisions and opinions on the construction

of the constitution, are the safeguard of the Union. But its appellate

jurisdiction is defined, and extends to no cases but where the power is

affirmatively given. In order to enable it to issue a mandamus, proof

is required that it is an exercise, or necessary to an exercise, of

its appellate jurisdiction. The supreme court has jurisdiction in all

controversies where the United States shall be a party in controversies

between two or more states; between a state and the citizens of another

state; between citizens of different states; between citizens of the

same state claiming lands under grants of different states; and between

a state, or the citizens thereof, and foreign states, citizens, or

subjects. A strict and admirable attention to justice, is observable

in these arrangements. Every description of case which might be

partially decided by the courts of the litigant states, is brought to

the bar of the great national tribunal to be disposed of.

During the last sittings of the supreme court, a case of great

constitutional interest was heard before it. It was entitled “The

Cherokee Nation, _versus_ the State of Georgia.” The Cherokee

nation having been repeatedly harassed by the incursions and other

unneighbourly proceedings of the inhabitants of Georgia, applied to the

supreme court for an injunction to restrain the state, its governor,

and other officers, from executing and enforcing the laws of Georgia

within the Cherokee territory. The counsel for the Cherokees argued,

that not being a state of the Union, the Cherokee nation was to be

considered as a foreign state, and was rendered capable of suing in

the supreme court by virtue of the clause I have mentioned above, in

which the judicial power of the court is extended to controversies

between a state and the citizens thereof, and foreign states’ citizens

or subjects: but Chief Justice Marshall decided, that the relation of

the Cherokees to the United States resembled that of guardian and ward;

that they could not be considered either as a foreign state, or as a

state of the Union; and that therefore they were rendered incapable

of suing in that court. His judgment was strengthened by the wording

of the articles of the constitution, in which Congress is empowered

to regulate commerce with foreign nations, and the several states and

the “Indian tribes,” who being in this manner specifically mentioned,

could not have been considered as a foreign state or nation by the

original framers of the constitution. Imagine the astonishment of the

poor Cherokees upon being told, that the highest tribunal at the city

of their Great Father could afford them no redress. The affair will, of

course, come before congress. Chief Justice Marshall decided according

to the letter of the constitution; but the opinion of Chancellor

Kent, of New York, is surely deserving of the greatest attention, as

containing an exposition apparently more agreeable to justice. He

considers the Indian tribes “not only as states, but as foreign states,

because they do not constitute any ingredient or essential part of our

own body politic.” He considers the clause just referred to, may have

contained the additional grant of power to regulate commerce with the

“Indian tribes” out of abundant caution, and to prevent any possible

doubt of the application to them of the power to regulate commerce

with “foreign nations.” The last words, he apprehends, would have

reached the Indians; but the constitution, in several other instances,

has gone into a like specification of powers which were, by necessary

implication, included in the more general grant. Thus, for instance,

power is given to congress “to declare war,” and it is immediately

subjoined “to grant letters of marque and reprisal.” They have power

to “coin money,” and “to regulate the value thereof:” they have power

“to raise armies,” and “to provide and maintain a navy:” and it is

immediately subjoined “to make rules for the government” (and not

government only, but it is added) “and regulation of the army and land

force.”

All the judges in the American courts enjoy an immunity from wigs, and

the judges of the supreme court alone are clothed in “silk attire.”

Their robes are black, and fashioned according to the taste of the

wearer. I examined four or five of them which were hanging up in the

court, and found that although perfectly judicial, they displayed

no small attention to taste in their cut and general appearance. A

proper degree of dignity is required and observed in the supreme

court; business is there conducted as it ought to be in every court

of justice; but some of the state courts are remarkably deficient in

this respect: even in the court-house at Philadelphia, during the

sitting of the circuit court, I have seen a gentleman, a counsellor of

eminence, coolly seat himself on the table whilst a judgment was being

given, and in that attitude I have heard him address some interlocutory

observations to the court, and press them upon its attention with

great earnestness and ability. I cannot understand why more dignity,

both judicial and forensic, should not be observed in the courts

of the United States. I have often been in the company of American

lawyers, who, as individuals, were men of gentlemanly manners, and

excellent general information, which they have ever evinced a readiness

to impart; but I do not remember one who ever mentioned the subject

at all, without admitting that a proper want of the respect due to

the time and the place is frequently but too visible in the American

courts; and yet there is no improvement.

Silence, being indispensable, is well preserved; but counsel and

attorneys may be occasionally seen with their legs dangling over the

back of a chair, or possibly resting on the table. A corresponding

carelessness of manner is of course exhibited by the spectators. I

have even observed persons with their hats on in court, and upon

inquiry have been told they were Quakers; but once or twice I remember

having taken the liberty of doubting the information. I hope I shall

not be supposed to mean, that no greater decorum is observed in the

principal courts of the larger cities than in those held at places

of minor importance; I am speaking of them generally as I found them

when in travelling. I happened to arrive at some place where a court

was sitting, and “just dropped in” for half an hour _en passant_; but

still there is always a something even in the best of them which, to an

English eye, appears undignified and indecorous; although there can be

no doubt that their appearance is not mended by the total absence of

wigs and gowns from all of them.

The spirit of equality renders it allowable, and the impossibility

in distant towns of making the profession answer by any other

arrangement, renders it necessary, that a barrister and solicitor

should frequently commence business as partners, and play into each

other’s hands. A judge will frequently travel from town to town

unattended, in his gig, or on horseback, with his saddle-bags before

him, or in the stage-coach, and dine at the village table d’hôte with

shopkeepers, pseudo majors, and advertising attorneys. Human nature

will out. In the absence of other titles, it is the pleasure of the

Americans that they should be dignified by the rank of General,

Colonel, or Aide-de-camp; but more especially I found by that of Major.

An English gentleman assured me that, being on board a steamer on the

Ohio river, he was first introduced by a friend as plain Mr., then as

Captain; soon after he was addressed as Major, and before the end of

the day he was formally introduced as a General. There is usually

a Major, or an Aide, as they call themselves, in every stage-coach

company. The captain of a steam-boat, who was presiding at the dinner

table, happened to ask rather loudly, “General, a little fish!” and

was immediately answered in the affirmative by twenty-five out of the

thirty gentlemen who were present.

One would have imagined, that in the United States, where an equal

partition of the rights of mankind is the boasted foundation of the

government, Justice would have been treated with peculiar courtesy;

but she is not properly honoured there. Justice is not exclusively a

republican in principle, whatever the Americans may think. She must

remain unaltered, whatever may be the form of government, as the value

of the diamond is the same whether its possessor be a prince or a

peasant. During my occasional visits to the courts of justice in the

United States, I could not help thinking how fortunate it was that

Justice was blind, and could not therefore be shocked by the want of

decorum I observed there. What was my surprise on entering the supreme

court in the capitol at Washington, to perceive her wooden figure with

the eyes unfilleted, and grasping the scales like a groceress! With

great deference, I would suggest that the whole of this unworthy group

should be removed. The day may arrive, as I have said before, when the

supreme court may be the means of saving the Union.

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