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As mountains are long before they are conquered； they are likewise
long before they are civilized。 Men are softened by intercourse
mutually profitable； and instructed by comparing their own notions
with those of others。 Thus Caesar found the maritime parts of
Britain made less barbarous by their commerce with the Gauls。 Into
a barren and rough tract no stranger is brought either by the hope
of gain or of pleasure。 The inhabitants having neither commodities
for sale； nor money for purchase； seldom visit more polished
places； or if they do visit them； seldom return。
It sometimes happens that by conquest； intermixture； or gradual
refinement； the cultivated parts of a country change their
language。 The mountaineers then become a distinct nation； cut off
by dissimilitude of speech from conversation with their neighbours。
Thus in Biscay； the original Cantabrian； and in Dalecarlia； the old
Swedish still subsists。 Thus Wales and the Highlands speak the
tongue of the first inhabitants of Britain； while the other parts
have received first the Saxon； and in some degree afterwards the
French； and then formed a third language between them。
That the primitive manners are continued where the primitive
language is spoken； no nation will desire me to suppose； for the
manners of mountaineers are commonly savage； but they are rather
produced by their situation than derived from their ancestors。
Such seems to be the disposition of man； that whatever makes a
distinction produces rivalry。 England； before other causes of
enmity were found； was disturbed for some centuries by the contests
of the northern and southern counties； so that at Oxford； the peace
of study could for a long time be preserved only by chusing
annually one of the Proctors from each side of the Trent。 A tract
intersected by many ridges of mountains； naturally divides its
inhabitants into petty nations； which are made by a thousand causes
enemies to each other。 Each will exalt its own chiefs； each will
boast the valour of its men； or the beauty of its women； and every
claim of superiority irritates competition； injuries will sometimes
be done； and be more injuriously defended； retaliation will
sometimes be attempted； and the debt exacted with too much
interest。
In the Highlands it was a law； that if a robber was sheltered from
justice； any man of the same clan might be taken in his place。
This was a kind of irregular justice； which； though necessary in
savage times； could hardly fail to end in a feud； and a feud once
kindled among an idle people with no variety of pursuits to divert
their thoughts； burnt on for ages either sullenly glowing in secret
mischief； or openly blazing into public violence。 Of the effects
of this violent judicature； there are not wanting memorials。 The
cave is now to be seen to which one of the Campbells； who had
injured the Macdonalds； retired with a body of his own clan。 The
Macdonalds required the offender； and being refused； made a fire at
the mouth of the cave； by which he and his adherents were
suffocated together。
Mountaineers are warlike； because by their feuds and competitions
they consider themselves as surrounded with enemies； and are always
prepared to repel incursions； or to make them。 Like the Greeks in
their unpolished state； described by Thucydides； the Highlanders；
till lately； went always armed； and carried their weapons to
visits； and to church。
Mountaineers are thievish； because they are poor； and having
neither manufactures nor commerce； can grow richer only by robbery。
They regularly plunder their neighbours； for their neighbours are
commonly their enemies； and having lost that reverence for
property； by which the order of civil life is preserved； soon
consider all as enemies； whom they do not reckon as friends； and
think themselves licensed to invade whatever they are not obliged
to protect。
By a strict administration of the laws； since the laws have been
introduced into the Highlands； this disposition to thievery is very
much represt。 Thirty years ago no herd had ever been conducted
through the mountains； without paying tribute in the night； to some
of the clans； but cattle are now driven； and passengers travel
without danger； fear； or molestation。
Among a warlike people； the quality of highest esteem is personal
courage； and with the ostentatious display of courage are closely
connected promptitude of offence and quickness of resentment。 The
Highlanders； before they were disarmed； were so addicted to
quarrels； that the boys used to follow any publick procession or
ceremony； however festive； or however solemn； in expectation of the
battle； which was sure to happen before the company dispersed。
Mountainous regions are sometimes so remote from the seat of
government； and so difficult of access； that they are very little
under the influence of the sovereign； or within the reach of
national justice。 Law is nothing without power； and the sentence
of a distant court could not be easily executed； nor perhaps very
safely promulgated； among men ignorantly proud and habitually
violent； unconnected with the general system； and accustomed to
reverence only their own lords。 It has therefore been necessary to
erect many particular jurisdictions； and commit the punishment of
crimes； and the decision of right to the proprietors of the country
who could enforce their own decrees。 It immediately appears that
such judges will be often ignorant； and often partial； but in the
immaturity of political establishments no better expedient could be
found。 As government advances towards perfection； provincial
judicature is perhaps in every empire gradually abolished。
Those who had thus the dispensation of law； were by consequence
themselves lawless。 Their vassals had no shelter from outrages and
oppressions； but were condemned to endure； without resistance； the
caprices of wantonness； and the rage of cruelty。
In the Highlands； some great lords had an hereditary jurisdiction
over counties； and some chieftains over their own lands； till the
final conquest of the Highlands afforded an opportunity of crushing
all the local courts； and of extending the general benefits of
equal law to the low and the high； in the deepest recesses and
obscurest corners。
While the chiefs had this resemblance of royalty； they had little
inclination to appeal； on any question； to superior judicatures。 A
claim of lands between two powerful lairds was decided like a
contest for dominion between sovereign powers。 They drew their
forces into the field； and right attended on the strongest。 This
was； in ruder times； the common practice； which the kings of
Scotland could seldom control。
Even so lately as in the last years of King William； a battle was
fought at Mull Roy； on a plain a few miles to the south of
Inverness； between the clans of Mackintosh and Macdonald of
Keppoch。 Col。 Macdonald； the head of a small clan； refused to pay
the dues demanded from him by Mackintosh； as his superior lord。
They disdained the interposition of judges and laws； and calling
each his followers to maintain the dignity of the clan； fought a
formal ba