of their own importance。
Their pride has been crushed by the heavy hand of a vindictive
conqueror； whose seventies have been followed by laws； which；
though they cannot be called cruel； have produced much discontent；
because they operate upon the surface of life； and make every eye
bear witness to subjection。 To be compelled to a new dress has
always been found painful。
Their Chiefs being now deprived of their jurisdiction； have already
lost much of their influence； and as they gradually degenerate from
patriarchal rulers to rapacious landlords； they will divest
themselves of the little that remains。
That dignity which they derived from an opinion of their military
importance； the law； which disarmed them； has abated。 An old
gentleman； delighting himself with the recollection of better days；
related； that forty years ago； a Chieftain walked out attended by
ten or twelve followers； with their arms rattling。 That animating
rabble has now ceased。 The Chief has lost his formidable retinue；
and the Highlander walks his heath unarmed and defenceless； with
the peaceable submission of a French peasant or English cottager。
Their ignorance grows every day less； but their knowledge is yet of
little other use than to shew them their wants。 They are now in
the period of education； and feel the uneasiness of discipline；
without yet perceiving the benefit of instruction。
The last law； by which the Highlanders are deprived of their arms；
has operated with efficacy beyond expectation。 Of former statutes
made with the same design； the execution had been feeble； and the
effect inconsiderable。 Concealment was undoubtedly practised； and
perhaps often with connivance。 There was tenderness； or
partiality； on one side； and obstinacy on the other。 But the law；
which followed the victory of Culloden； found the whole nation
dejected and intimidated； informations were given without danger；
and without fear； and the arms were collected with such rigour；
that every house was despoiled of its defence。
To disarm part of the Highlands； could give no reasonable occasion
of complaint。 Every government must be allowed the power of taking
away the weapon that is lifted against it。 But the loyal clans
murmured； with some appearance of justice； that after having
defended the King； they were forbidden for the future to defend
themselves； and that the sword should be forfeited； which had been
legally employed。 Their case is undoubtedly hard； but in political
regulations； good cannot be complete； it can only be predominant。
Whether by disarming a people thus broken into several tribes； and
thus remote from the seat of power； more good than evil has been
produced； may deserve inquiry。 The supreme power in every
community has the right of debarring every individual； and every
subordinate society from self…defence； only because the supreme
power is able to defend them； and therefore where the governor
cannot act； he must trust the subject to act for himself。 These
Islands might be wasted with fire and sword before their sovereign
would know their distress。 A gang of robbers； such as has been
lately found confederating themselves in the Highlands； might lay a
wide region under contribution。 The crew of a petty privateer
might land on the largest and most wealthy of the Islands； and riot
without control in cruelty and waste。 It was observed by one of
the Chiefs of Sky； that fifty armed men might； without resistance
ravage the country。 Laws that place the subjects in such a state；
contravene the first principles of the compact of authority： they
exact obedience； and yield no protection。
It affords a generous and manly pleasure to conceive a little
nation gathering its fruits and tending its herds with fearless
confidence； though it lies open on every side to invasion； where；
in contempt of walls and trenches； every man sleeps securely with
his sword beside him； where all on the first approach of hostility
came together at the call to battle； as at a summons to a festal
show； and committing their cattle to the care of those whom age or
nature has disabled； engage the enemy with that competition for
hazard and for glory； which operate in men that fight under the eye
of those； whose dislike or kindness they have always considered as
the greatest evil or the greatest good。
This was； in the beginning of the present century； the state of the
Highlands。 Every man was a soldier； who partook of national
confidence； and interested himself in national honour。 To lose
this spirit； is to lose what no small advantage will compensate。
It may likewise deserve to be inquired； whether a great nation
ought to be totally commercial？ whether amidst the uncertainty of
human affairs； too much attention to one mode of happiness may not
endanger others？ whether the pride of riches must not sometimes
have recourse to the protection of courage？ and whether； if it be
necessary to preserve in some part of the empire the military
spirit； it can subsist more commodiously in any place； than in
remote and unprofitable provinces； where it can commonly do little
harm； and whence it may be called forth at any sudden exigence？
It must however be confessed； that a man； who places honour only in
successful violence； is a very troublesome and pernicious animal in
time of peace； and that the martial character cannot prevail in a
whole people； but by the diminution of all other virtues。 He that
is accustomed to resolve all right into conquest； will have very
little tenderness or equity。 All the friendship in such a life can
be only a confederacy of invasion； or alliance of defence。 The
strong must flourish by force； and the weak subsist by stratagem。
Till the Highlanders lost their ferocity； with their arms； they
suffered from each other all that malignity could dictate； or
precipitance could act。 Every provocation was revenged with blood；
and no man that ventured into a numerous company； by whatever
occasion brought together； was sure of returning without a wound。
If they are now exposed to foreign hostilities； they may talk of
the danger； but can seldom feel it。 If they are no longer martial；
they are no longer quarrelsome。 Misery is caused for the most
part； not by a heavy crush of disaster； but by the corrosion of
less visible evils； which canker enjoyment； and undermine security。
The visit of an invader is necessarily rare； but domestick
animosities allow no cessation。
The abolition of the local jurisdictions； which had for so many
ages been exercised by the chiefs； has likewise its evil and its
good。 The feudal constitution naturally diffused itself into long
ramifications of subordinate authority。 To this general temper of
the government was added the peculiar form of the country； broken
by mountains into many subdivisions scarcely accessible but to the
natives； and guarded by passes； or perplexed with intricacies；
through which national justice could not find its way。
The power of deciding controversies； and of punishing offences； as
some such power there must always be； was intrusted to the Lairds
of the country； to those whom the people considered as their
natural judges。 It cannot be supposed that a rugged proprietor of
the rocks； unprincipled and unenlightened； was a nice resolver of
entangled claims； or very exact in proportioning punishment to
offences。 But the more he indulged his own will； the more he held
his vassals in dependence。 Prudence and innocence； without the
favour of the Chief； conferred no security； and crimes involved no
danger； when the judge was resolute to acquit。
When the chiefs were men of knowledge and virtue； the convenience
of a domestick judicature was great。 No long journies were
necessary； nor artificial delays could be practised； the character；
the alliances； and interests of the litigants were known to the
court； and all false pretences were easily detected。 The sentence；
when it was past； could not be evaded； the power of the Laird
superseded formalities； and justice could not be defeated by
interest or stratagem。
I doubt not but that since the regular judges have made their
circuits through the whole country； right has been every where more
wisely； and more equally distributed； the complaint is； that
litigation is grown troublesome； and that the magistrates are too
few； and therefore often too remote for general convenience。
Many of the smaller Islands have no legal officer within them。 I
once asked； If a crime should be committed； by what authority the
offender could be seized？ and was told； that the Laird would exert
his right； a right which he must now usurp； but which surely
necessity must vindicate； and which is therefore yet exercised in
lower degrees； by some of the proprietors； when legal processes
cannot be obtained。
In all greater questions； however； there is now happily an end to
all fear or hope from malice or from favour。 The roads are secure
in those places through which； forty years ago； no traveller could
pass without a convoy。 All trials of right by the sword are
forgotten； and the mean are in as little danger from the powerful
as in other places。 No s