their poverty and ignorance of modern agriculture, could not believe that such harsh measures proceeded from their honoured superiors, who had hitherto been kind, and to whom they themselves had ever been attached and faithful. The whole was attributed to the acting agents, and to them, therefore, their indignation was principally directed; and, in some instances, their resistance was so obstinate, that it became necessary to enforce the orders "vi et armis," and to have recourse to a mode of ejectment, happily long obsolete, by setting their houses on fire. This last species of legal proceeding was so peculiarly conclusive and forcible, that even the stubborn Highlanders, with all their attachment to the homes of their fathers, were compelled to yield. *

In the first instances of this mode of removing refractory tenants, a small compensation, (six shillings in separate pay

a broken heart, originating in grief for the loss of their native homes. I knew them intimately. They were respectable and judicious men, and occupied the farms on which they were born till far advanced in life, when they were removed. They afterwards got farms at no great distance, but were afflicted with a deep despondency, gave up their usual habits, and seldom spoke with any seeming satisfaction, except when the subject turned on their former life, and the spot which they had left. They appeared to be much relieved by walking to the tops of the neighbouring hills, and gazing for hours in the direction of their late homes; but in a few months their strength totally failed, and without any pain or complaint, except mental depression, one died in a year, and the other in eighteen months. I have mentioned these men together, as there was such a perfect similarity in their cases, but they were not acquainted with each other, nor of the same district. When they suffered so much in removing from their ancient homes only to another district, how much more severe must their feelings have been had they been forced to emigrate, unless, indeed, distance and new objects would have diverted their attention from the cause of their grief? But be that as it may, the cause is undoubted.

• The author of Guy Mannering has alluded to this “summary and effectual mode of ejectment still practised in the north of Scotland when a tenant proves refractory," in his admirable description of the ejectment of the colony of Derncleugh. When this picture of fictitious distress, of which a lawless race were the supposed objects, has created a powerful sensation wherever our language is understood; what heart shall withhold

*

ments of three shillings each,) was allowed for the houses destroyed. Some of the ejected tenants were also allowed small allotments of land, on which they were to build houses at their own expence, no assistance being given for that purpose. Perhaps it was owing to this that they were the more reluctant to remove till they had built houses on their new stations, and also to protect their growing corns, which they had sown before the term of removal, from the sheep and cattle of the new tenant. The compensations allowed in the more recent removals are stated to have been more liberal; and the improvements which have succeeded those summary ejectments of the ancient inhabitants are highly eulogised, in pamphlets, newspapers, and other publications. Some people may, however, be inclined to doubt the advantages of improvements which call for such frequent apologies; for if the advantages to the people were so evident, and if more lenient measures had been pursued, vindication would have been unnecessary, and the exposure of the trial of one of the acting agents might have been avoided. This trial was brought forward at the instance of the Lord Advocate, in consequence of the loud cry of in

its sympathy from real distress, when faithful, blameless, and industrious beings are treated in the same manner; without the same provocation, and without any cause except a desire of increasing an income, and where, instead of "thirty hearts that wad ha'e wanted bread before ye wanted sunkets," more than twice thirty thousand have been turned adrift in different parts of the North?

* See evidence on the trial of Mr Patrick Sellar, factor for the Marchioness of Stafford, before the Circuit Court of Justiciary at Inverness, 23d April 1816," for the crimes of Culpable Homicide, Real Injury and Oppression," where this encouragement to a discarded tenantry was verified on oath.

+ Evidence of William Young, Esq., agent for the Marchioness of Stafford, on the same trial, p. 39.

In extenuation of these outrages, it is stated, that no part of the houses was burnt except the timber, which was taken down to prevent the late occupiers from taking shelter in the empty houses; but when the timbers of a house have been removed and burnt, what remains cannot afford much comfort even to the hardy mountaineer.

dignation raised in the country against proceedings, characterized by the Sheriff of the county as "conduct which has seldom disgraced any country." But the trial ended (as was expected by every person who understood the circumstances) in the acquittal of the acting agent, the verdict of the jury proceeding on the principle that he acted under legal authority. This acquittal, however, did by no means diminish the general feeling of culpability; it only transferred the offence from the agent to a quarter too high and too distant to be directly affected by public indignation,-if, indeed, there be any station so elevated, or so distant, that public indignation, justly excited, will not, sooner or later, reach, so as to touch the feelings, however obtuse, of the transgressor of that law of humanity written on every upright mind, and deeply engraved on every kind and generous heart.

It must, however, be matter of deep regret, that such a line of proceeding was pursued with regard to these brave, unfortunate, and well-principled people, as excited a sensation of horror, and a conviction of culpability, so powerful as only to be removed by an appeal to a criminal court. It is no less to be deplored, that any conduct sanctioned by authority, even although productive of ultimate advantage, (and how it can produce any advantage beyond what might have been obtained by pursuing a scheme of conciliation and encouragement is a very questionable point,) † should

• See Mr Sellar's Trial.

+ The following are instances of the capability of small tenants in the Highlands, and of the improvement of lands and rents effected by far other means than the burning decrees. The tenant of a friend of mine, when he first took his farm, paid a rent of L.8, 10s. This rent has been gradually augmented, since the year 1781, to L.85, and this without lease or encouragement from the landlord, who, by the industry and improvements of his tenant, has received an increase of more than 1000 per cent. in less than forty years. On another estate, nineteen small tenants paid, in the year 1784, a joint rent of L.57. This has been raised by degrees, without a shilling given in assistance, for improvements, which have been considerable, to L.371. The number of acres is 145, which are situated in a high district, and with no pasture for sheep. These are not insula

have, in the first instance, inflicted such general misery. More humane measures would undoubtedly have answered every good purpose. Although the wealth expected for the improvements might be delayed, it would have been no less certain, had the progress been left to the ancient faithful race; and had such a course been pursued, as an enlightened humanity would have suggested, instead of depopulated glens, and starving peasantry, alienated from their superiors, and in their grief and despair too ready to imbibe opinions hostile to the best interests of their country, we should still have seen a high-spirited and loyal people, ready, at the nod of their respected chiefs, to embody themselves into regiments, with the same zeal as in former times; and when enrolled among the defenders of their country, to exhibit a conduct honourable to that country and to their profession. Such is the acknowledged character of the

ted facts. I could produce many, to show that industry, and abstemious and contented habits, more than compensate for the increased consumption of produce by so many occupants; and that by judicious management, the peasantry of the Highlands, although they may be numerous in proportion to the quantity of fertile land, contribute to secure the permanent welfare both of the landholder and of the country. What men can pay better rents than those who live nine months in the year on potatoes and milk, on bread only when potatoes fail, and on butcher meat seldom or never? Who are better calculated to make good soldiers, than men trained up to such habits, and contented with such moderate comforts? And who are likely to make more loyal and happy subjects, contented with their lot, and true to their king, and to their immediate superiors?

• See Articles on the Sutherland regiments. In a memorial presented to Government by the Earl of Sutherland, claiming a compensation for expence and loss sustained in 1745, it is stated, that his Lordship had armed and ready to support the royal cause, 2337 men, who, it is added, received high approbation from the Earl of Loudon, and the other generals who saw their fine and warlike appearance. Matters are now perhaps managed differently, and it may be fairly doubted if so many loyal men could be found ready to follow their chief in the hour of trial. But then the rent-rolls are higher. In what manner these high rents are paid is a different question; but much has been said of the patriotism and benevolence of the promoters of the late improvements; and, by that “charity which vaunteth not itself," it has been stated, that the starving popu

men of these districts as soldiers, when called forth in the service of their country, although they are now described as irregular in their habits, and a burden on the lands which gave them birth, and on which their forefathers maintained the honour, and promoted the wealth and prosperity of the ancestors of those who now eject them. * But is it conceivable that the people at home should be so degraded, while their brothers and sons who become soldiers maintain an honourable character? The people ought not to be reproached with incapacity or immorality without better evidence than that of their prejudiced and unfeeling calumniators. If it be so, however, and if this virtuous and honourable race, which has contributed to raise and uphold the character of the British peasantry in the eyes of all Europe, are thus fallen, and so suddenly fallen; how great and powerful must be the cause, and how heavy the respon sibility of its authors to God and the country? But if at home they are thus low in character, how unparalleled must be the improvement which is produced by difference of profession, as, for example, when they become soldiers, and as

lation have been relieved by remittances to the amount of many thousand pounds in money, grain, and meal; but it was not said that good security (or cattle) was taken for payment of this relief, and that, except in cases of great destitution, where all property had been previously disposed of to resist a similar calamity, the whole remittances were paid up, with the deduction of L.19, 4s. As ready money, cattle, or security was taken, and relief offered on such terms only, the delicacy and proper feeling of publishing this benevolence, and calling for the applause of the world, may perhaps be questioned.

The late Lord Sutherland was the twenty-first Earl; a length of succession unparalleled in the peerage of this country. The estates which supported this ancient unbroken descent have undergone less change than almost any others. In all the numberless revolutions of property, either in troublesome or peaceable times, these have been preserved with little alteration. With a boisterous ungenial climate, and a rugged barren soil, they supported 15,000 persons, who maintained the independence of their superiors, and enabled them to preserve their title and property in a manner which no other family can boast; and it might have been expected that some hesitation would have been observed in asserting that the country is totally incapable of maintaining the ancient population. When