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is inflicted upon a tribe of unworthy men, He views with complacency the keen who infest and dishonour the bar. Let tricks of his elder brothers, and by dethe practic volumes of attorneyship be grees becomes versed in the knotty points thrown down-they have no charms for of practice. He is ready to effect by genius—they repel the scrutiny of eru- “the worsť means, the worst.”
Fools dition-and baffle the efforts of the legal enough are to be found who will be his tyro. Who ever envied the fame of the victims-villains enough will employ him most expert attorney? What eminent law to yer does not confess his repugnance to " Feed contention in a lingering act.” the trammels of practice ? Unlike other Is it surprising then, that the Jobsons and branches of science,-neither reason Halloways of the day, should be expert in nor utility recommend the study of the that branch of the practice which able and arcana of legal tactics. Many men, fair men do not wish to know, which they who never were intended for physicians, learn only upon compulsion, and in their are pleased with the study of medicine,- own defence? We admit that under the laymen, skilled in polemic divinity, have existing rules of our courts, an inferior become so from motives of curiosity or class of professional men must be employzeal ;-but who ever heard of the physi- ed, but we object to investing them with cian, divine, or private gentleman muster- the privileges which belong exclusively to ing courage to con the pages of folios in- able and well educated lawyers. vented, for the edification of practising Two-fifths of the persons admitted to attorneys in the courts of king's bench and practice as attorneys, subsist upon the common pleas? The absurd practice of mountebank contrivances which are toour courts has created a distinct class of lerated to the manifest injury of highmen, who rely wholly for subsistence upon minded men. The thousand common say. the law's delay–who are grossly igno- ings in the mouth of the multitude, derant of every principle of jurisprudence, tracting from the honour of the profession and, indeed, whose mode of professional en masse, and which are daily repeated business seldom requires the application by women and children as gospel truths, of legal learning. Many have been ad- owe their currency to the confounding of mitted at the bar, to whom that honour the tricky trading attorney, with the lewas altogether unexpected at first, and gitimate lawyer. Unmerited obloquy is whose original employment had been to thus heaped upon the good men and true run on errands, and keep free from dust of the profession, who have ever proved a the pleadings of their masters --without, ball of fire against oppression --who, in talents, education, or manners, they the darkest times, have vindicated public drew largely upon accident and impu- and private rights, at the hazard of life dence, and having got the knack of in- and fortune. Men in high stations too, denting a deed and affixing a seal,—all at have given currency to the charges preonce they rose buoyant to the sphere of ferred, by the illiterate and prejudiced, civilians and advocates. Seven years ap- against the whole profession. A grave prenticeship-by immemorial usage, is member of the Senate, in his place, has the terin prescribed to acquire the know. stated that poverty and ruin denote the ledge of any mechanical art. A spruce presence and mark the ravages of attorattorney need serve but little more than neys in every county in the state. That half that time to become an adept in his this class of men are accumulating imtrade. A tin ticket, with burnished let- mense wealth wrung from the hard earnters, on his window,--the Attorney's Man- ings of the yeomanry. This, in many inual on his table, and a good stock of im- stances, we doubt not is true but in padence to overbalance his ignorance,- those flagrant cases, where great distress are the only requisites now a days to ena- is brought upon the community-it is ble any one to commence the practice of when the attorney is the instrument of a the law. A friendly constable is enlisted combination of men-of some monied to seek for business, and, if necessary, to aristocracy, whose object can not be acmake it. If a justice can be found who complished without him. Here it is fair will dare to punish for contem.pt of court to inquire, why should the attorney, who mit is a great debut, if he can be commit- labours in his vocation without trick or ted for insolence,-as he acquires by that, oppression, be branded with crime, and means the reputation of being a smart the men who employ him escape imputafellow. Constables, marshals, and their tion? Is it because the hand which wields retainers, who dislike such harsh proceed- the dagger is concealed, and because the ings, cry him up on the instant, and he instrument of wrong alone is palpable to commences lawyer under their auspices. feeling and to sight? We have heard that the honourable member referred to, is an men, who with a respectable private advocate of banks and connives in their practice can hardly earn a living--must operations—else we should have con- suffer for the enormities perpetrated by cluded that he meant his striking picture banks and their agents. for bank attorneys. That many of these It is time, however, to speak of a sublatter gentlemen have made large sums of ject more particularly the object of this money, in the shape of costs—that every paper. D. T. Blake, Esq. of the Newvillage in the state groans under the pres. York bar, has compiled with considerasure of their acts, is undeniable ;--that ble labour, the Chancery Practice of this monstrous monied aristocracies, working State. The forms and rules of the court ruin to thousands, subverting public con- are stated in the body of the work-and fidence and private morals, employ attor- in such a manner as to refer to the princineys, and profitably toomis known to every ples of equity jurisdiction, and the deone ;-that these inindless, heartless com- cisions of the court-which accompany binations, “these horse leaches of pri- and elucidate each particular proceedvate oppression, and vultures of public ing. A book of this description has been robbery,” under the name of banks, fling long sought for, and must prove a valuatheir outrageous arrows throughout the ble aid to solicitors and counsellors of the land, and that attorneys are their agents, court. is true;-but why “mince damnation The arrangement is so judicious, that with a phrase,” and throw the burden of what may have appeared obscure, is made bank iniquity upon the shoulders of their clear-and the many forms and rules of the attorneys.
English court, which do not obtain here, Multiplicity of suits—inordinate costs, and which only embarrass and fatigue severest exactions on the part of the the practitioner, are rejected. It has been plaintiffs, swell the catalogue of wrongs; often remarked, that among the books of and deep and loud and awful is the warn- practice, published in England, very few ing voice now heard in this state. The have been written by men of liberal or thousands who have been enticed and cultivated minds—Mr. Blake is an exruined by banking facilities and banking ception to these remarks. He unites the deceit, are, and will prove a host against rare qualifications of patient inquiry and this system. The feelings of the heart practical knowledge-to good sense, exa sense of honour and justice-opposition tensive reading, and a well cultivated unto oppression-are all arrayed against it. derstanding. From this gentleman we Let the bank debtor tell what appeal can had a right to expect a book, satisfactory be made to the stockholders of a chartered and useful on any subject, to which he dicompany-what cry of anguish can reach rected his attention. We have seen a incorporeal ears? Melting as may be large part of this work in print, although its the tears of misfortune, do they not freeze publication has not yet been announced, as they fall within the chilling influence and it meets the expectation we had formof such combinations ? So enormous have ed. Mr. Blake may be assured that the been the costs received by attorneys pro- profession will appreciate his labour, and secuting for banks, in the country par- extend such encouragement as may inticularly, that the legislature has been in- duce him to continue his literary exerduced to strike off about one-third of the tions.
M. fees formerly allowed: and, thus, fair
Art. 7. CABINET OF VARIETIES.
Letters from the hon. Horace Walpole, to been a man of refined mind, and elegant George Montagu, Esq. from 1736 to 1770. literary acquirements; an eminent and suit
able friend for lord Orford. A NEW collection of the correspondence The style, as might be anticipated, is easy
of a person so celebrated as Horace and playful, and the epistles full of piquant Walpole, cannot fail to be a great treat to anecdotes. Ex. gr. the public. These letters are addressed to “I remember a very admired sentence in the son of general Montagu, and nephew of one of my lord Chesterfield's speeches, when . the second earl of Halifax, who was the re- he was háranguing for this war; (anno 1745.) presentative of Northampton, private secre- With a most rhetorical transition, he turned tary to lord North, when chancellor of the to the tapestry in the House of Lords, and exchequer, and the holder of several other said with a sigh, he feared there were no Olicial sitaations. He seems also to have historical looms at work now!” p. 14.
“Now I have been talking of remarkable wyn her clothes; they are blue, with spots periods in our annals, I must tell you what of silver of the size of a shilling, and a silver my lord Baltimore thinks one:-he said to trimming, and cost-my lord will know the prince t'other day, 'Sir, your royal high- what. She asked George how he liked them: pess's marriage will be an area in English he replied, Why, you will be change for a history.'” Ibid.
guinea.” p. 181. “of beauty I can tell you an admirable But this may suffice for the present, as a story :-one Mrs. Comyns, an elderly gen. specimen of the Walpoliana. The whole tlewoman, has lately taken a house in St. book is full of bon-mots; many of them exJames's-street; some young gentlemen went ceedingly scandalous, and others written in there t'other night ;-— Well Mrs. Comyns, I so free a style, that we cannot transcribe "hope there won't be the same disturbances them. If ever there was a companion to here, that were at your other house in Air- Bubb Doddington's celebrated Diary, it is in street.'-Lord, sir, I never had any distur- this volume. There is the same license, the bances there : mine was as quiet a house as same acquaintance with the intrigues, &c. of any in the neighbourhood, and a great deal the higher ranks; and there is infinitely of company came to me: it was only the more point and wit. It is to be regretted, ladies of quality that envied me.'—Envied that some of the passages, where libertinism you! Why your house was pulled down is most nakedly exposed, have not been about your ears.'—Oh dear sir, don't you struck out. We say nothing of the way in know how that happened ??—No, pray which the court of king George II. is handhow ??_Why, dear sir, it was my lady led, nor of the unsparing severity with
gave ten guineas to the mob to which all are treated, from the king upon demolish my house, because her ladyship his throne, to the lowest courtier. The safancied I got women for colonel Conway.' tire is biting. Many anecdotes are told of
the commencement of the reign of our pre“I have heard nothing of AT- -'s sent king, which exhibit his majesty in the (Augustus Townsend's) will; my lady, who most amiable point of view, and are now you know hated him, came from the opera deeply interesting. Occasional notices of i'other night, and on pulling off her gloves, the arts and artists, add to the spirit of the and finding her hands all black, said imme- work, and are at once curious and enterdiately, My hands are guilty, but my heart taining. These will supply us with matter is free." p. 26.
for future extracts; and in the interim we “Should I not condole with you upon the shall copy a few affecting particulars of the death of the head of the Cues (John duke trials and conduct of the Scotch lords, in of Montagu.) If you have not heard of his 1746. will, I will tell you.
“Poor brave old Balmerino retracted his two codicils, one in favour of his servants, plea, asked pardon, and desired the lords to and the other of his dogs, cats, and crea- intercede for mercy. As he returned to the tures, which was a little unnecessary, for Tower, he stopped the coach at Charing lady Cardigan has exactly his turn for sav. Cross to buy honey-blobs, as the Scotch cali ing every thing's life. As he was making the gooseberries. He says he is extremely afraid codicil, one of his cats jumped on his knee; ford Kilmarnock will not behave well. The • What,' says he, have you a mind to be a duke (Cumberland) said publicly at his lewitness too! You can't, for you are a party vee, that the latter proposed murdering the concerned.'” p. 66.
English prisoners. “I hear your friend, lord N-, is wed- " Lady Cromartie presented her petition ded; somebody said, it is very hot weather to the king last Sunday. He was very civil to marry so fat a bride; George Selwyn re- to her, but would not at all give her any plied, "Oh, she was kept in ice three days hopes. She swooned away as soon as be before.'
was gone. Lord Cornwallis told me, that “I shall Ouly tell you a bonómot of Keith's, her lord weeps every time any thing of his the marriage-broker, and conclude. 'G-d fate is mentioned to him. Old Balmerino d-n the bishops,' said he, (I beg Miss Mon- keeps up his spirits to the saine pitch of tagu's pardon, so they will hinder my mar- gaiety. In the cell at Westminster he showrying. Well, let 'em, but I'll be revenged; ed lord Kilmarnock how he must lay his i'll buy two or three acres of ground, and head; bid him not wince, lest the stroke by G-d I'll under-bury them all.'” p. 103. should cut his skull or bis shoulders; and
“ My lord D-bis going to marry a for- advised him to bite his lips. As they were tune, I forget her name; my lord G- to return, he begged they might have anoasked him how long the honey-moon would ther bottle together, as they should never last ? He replied, "Don't tell me of the ho- meet any more, till
and then pointney-moon; it is harrest-moon with me.'” ing to his neck. At getting into the coach,
« We have had a sort of debate, in the he said to the jailer, . Take care or you will House of Commons, on the bill for fixing the break my shins with this damned axe.' augmentation of the salaries of the judges. “I must tell you a bon-inot of George Charles Townsend says, the book of Judges Selwyn's at the trial. He saw Bethel's sharp was saved by the book of Numbers.” visage looking wistfully at the rebel lords':
“ My lady Coventry showed George Sel- he said, "What a shame it is to turn her
face to the prisoners till they are condemn- “ Gumley, who you know has grown meed.'
thodist, came to tell him, that as he was on “ If you have a mind for a true foreign duty, a tree in Hyde-park, near the powder idea, one of the foreign ministers said at the magazine, had been set on fire; the duke trial to another, Vraiment cela est auguste.' replied, he hoped it was not by the new light. .. Oui,' replied the other, cela est vrai, mais This nonsensical new light is extremely in cela n'est pass royale.'
fashion, and I shall not be surprised if we “ I ann assured, that the old countess of see a revival of all the folly and cant of the Errol made her son, lord Kilmarnock, go last age. Whitfield preaches continually at into the rebellion on pain of disinheriting my lady Huntingdon's at Chelsea : my lord him. I don't know whether I told you that Chesterfield, my lord Bath, my lady Town. the man at the Tennis Court protests he has shend, my lady Thanet, and others, have known him dine with the man that sells been to hear him. What will you lay that pamphlets at Story's Gate; and, says he, next winter he is not run after instead of
he would often have been glad if I would Garrick ?" have taken him home to dinner. He was Garrick is no favourite with our author, certainly so poor, that in one of his wife's and he rarely misses an opportunity of cutintercepted letters, sho tells him she has ting at him. He is not astonished that he plagued their steward for a fortnight for mo- and Colman write badly together, since ney, and can get but three shillings. Can they write so ill separately. He allows him one lielp pitying such distress ? I am vastly to be a good actor, but reviles the stuff he sostened too about Balmerino's relapse, for brings upon the stage, and the alterations he his pardon was only granted him to engage makes in pieces presented to him. The his brother's rgte at the election of Scotch following specimen from Paris, Oct. 16, Peers
1769, shows that there is no novelty in our August 16. I have been this morn- present practices or severity of criticism. ing at the Tower, and passed under the “ There is a total extinction of all taste: new heads at Temple Bar, where people our authors are vulgar, gross, illiberal: the make a trade of letting spying-glasses at a theatre swarms with wretched translations halfpenny a look. Old Lovat arrived last and ballad operas, and we have nothing new night. I saw Murray, lord Derwentwater, but improving abuse. I have blushed, at lord Traquair, lord Cromartie and his son, Paris, when the papers came over crammed and the lord provost, at their respective win- with ribaldry, or with Garrick's insufferable dows. The other two wretched lords are nonsense about Shakespeare. As the man's in dismal towers; and they have stopped up writings will be preserved by his name, one of old Balmerino's windows, because he who will believe that he was a tolerable talked to the populace; and now he has actor? Cibber.wrote as bad odes; but then only one that looks directly upon all the Cibber wrote the Careless Husband, and scaffolding. They brought in the death- his own life, which both deserve immor. warrant at his dinner. His wife fainted. tality. Garrick's Prologues and Epilogues He said, Lieutenant, with your damned are as bad as his Pindarics and Pantowarrant you have spoiled my lady's sto- mimes." inach.' Lord Kilmarnock who has hitherto The opinions given of several distinguishkept uphis spirits, grows extremely terrified," ed writers of the day, are as biting as those
We resume our application to this very touching plays and players : we select a few, amusing work, the vivacity and unbounded without advocating their justice. freedom of which, adds a charm to what “ Rigby and Peter Bathurst, t'other night would, without these graces, be highly in- carried a servant of the latter's, who had teresting in many literary points of view, attempted to shoot him, before Fielding : as well as in that of a descriptive and cha: who, to all his other vocations, has, by the racteristic sketch of the higher classes of grace of Mr. Lyttleton, added that of Midsociety and fashionable manners, in the era dlesex justice. He sent them word he was to which it belongs Walpole, almost as self- at supper; that they must come next mornish as Fontenelle, reminds us constantly of ing. They did not understand that freethat author. He is playful, satirical, humo- dom, and ran up, where they found him rous; his knowledge of life considerable, banqueting with a blind man, a w his perceptions acute, and his pursuits cal. and three Irishmen, on some cold mutton culated always to entertain, and often to and a bone of ham, both in one dish, and convey inforination on subjects of arts, li- the dirtiest cloth. He never stirred, nor terature, and science. His correspondence asked them to sit. Rigby, who had so forms so complete a melange of politics, an- often seen him come to beg a guinea of sir ecdote, scandal, intelligence, wit, and criti. C. Williams, and Bathurst, at whose father's cisin, that we could not, if we would, digest he had lived for victuals, understood that it into any thing like a systematic analy. dignity as little, and pulled themselves chairs, sis. Perhaps it will be fully as agreeable to on which he civilized. follow the rambling course of the letters. • Millar, the bookseller, has done very The early days of Methodism are thus al. generously by him : finding Tom Jones, for luded to, after mentioning that the duke of which he had given him six hundred pounds, Cumberland had arrived (1748.)
sell so grcatly, he has since given hiin an:
other hundred. Now I talk to you of au- hoarded Medea, as an introduction to the thors, lord Cobham's West has published his House of Commons; it had been more translation of Pindar; the poetry is very stiff; proper to usher him from school to the unibut, prefixed to it, there is a very entertain- versity. There a few good lines, not much ing account of the Olympic games, and that conduct, and a quantity of iambics, and preceded by an affected inscription to Pitt trochaics, that scarce speak English, and and Lyttleton." (May 1749.)
yet have no rhyme to keep one another in The author of Tom Jones need not, with countenance. If his chariot is stopped at posterity, dread the aristocratic strictures of Temple-bar, I suppose he will take it for lord Orford. But we proceed to other no- the straits of Thermopylæ, and be delivertices.
ed of his first speech before its time.” (Oct. “Dr. Young has published a new book, 1761.) on purpose, he says himself, to have an op- “ F'ingal is come out: I have not yet got portunity of telling a story that he has known through it; not but it is very fine-yet I these forty years. Mr. Addison sent to the cannot at once compass an epic poem now. young lord Warwick, as he was dying, to It tires me to death to read how many ways show him in what peace a Christian could a warrior is like the moon, or the sun, or a die-unluckily he died of brandy--nothing rock, or a lion, or the ocean. Fingal is a makes a Christian die in peace like being brave collection of similies, and will serve maudlin !" (May 1759.).
all the boys at Eton and Westminster for " Mr. Mason has published another drama, these twenty years. I will trust you with a called Caractacus. There are some incan- secret, but you must not disclose it ; I should tations poetical enough, and odes so Greek be ruined with my Scotch friends; in short, as to have very little meaning. But the I cannot believe it genuine." (Dec. 1761.) whole is laboured, uninteresting, and no more resembling the manners of Britons, “ Lady M-y Wy (Mary Wortley) is than of Japanese. It is introduced by a arrived; I have seen her; I think her evarice, piping elegy; for Mason, in imitation of her diet, and her vivacity are all increased. Gray,* will cry and roar all night, without Her dress, like her language, is a galimathe least provocation." - (June 1759.) tias of several countries ; the ground-work
Gray is frequently ridiculed for his taci- rags, and the embroidery nastiness. She turnity, and want of conversational powers: needs no cap, no handkerchief, no gown, no and it is told of him, that during a party of petticoat, no shoes. An old black-laced pleasure, for a whole day, he uttered only hood represents the first; the fur of a horseone short and trivial sentence, in answer to man's coat, which replaces the third, serves a question. His later productions come for the second; a dimity petticoat is deputy, also in for a whip of supercilious criticism. and officiates for the fourth ; and slippers of other celebrated men we have the fol- act the part of the last. When I was at lowing:
Florence, and she was expected
there, we « The first volume of Voltaire's Peter the were drawing sortes Virgilianus for her; we Great is arrived. I weep over it. It is as literally drew languid as the Campaign; he is grown old. i Insanam vatem aspicies.' He boasts of the materials communicated to It would have been a stronger prophecy him by the Czarina's order; but, alas ! he now, even than it was then.” (July 1762.) need not be proud of them. They only serve to show how much worse he writes « Paris, Oct. 1765.-Wilkes is here, and history with materials than without. Be- has been twice to see me in my illness. sides, it is evident how much that authority He was very civil, but I cannot say enterhas cramped his genius. I had heard be- tained me much. I saw no wit; his confore, that when he sent the work to Peters- versation shows how litile he has lived in burg for imperial approbation, it was re- good company, and the chief turn of it is turned with orders to increase the panegy- the grossest b---dyHe has certainly one ric.” (Nov. 1760.)
merit, notwithstanding the bitterness of his There are yet several other passages re- pen, that is, he has no rancour.” specting literary works and persons, which we cannot refrain from copying. The first
The appearance of the New Bath Guide relates to Burke.
is spoke of in terms of unqualified praise, as “ I dined with your Secretary yesterday containing more wit, humour, fun, poetry; (July 21, 1761.) There were Garrick and and originality, than ever before appeared a young Mr. Burke, who wrote a book in together. The same letter (June 20, 1766) the style of lord Bolingbroke, that was
says, and reminds us very forcibly of a remuch admired. He is a sensible man, but
cent publication, has not worn off his authorism yet, and « There are two new volumes tog of Swift's thinks there is nothing so charming as wri- Correspondence, that will not amuse you ters, and to be one. He will know better less in another way, though abominable, one of these days.
for there are letters of twenty persons now
alive; fifty of lady Betty Germain ; one " Mr. Glover has published his long that does her great honour, in which she de
* An expression of Mr. Montagri's. fends her friend, my lady Suffolk, with all the VOL. III.-No, II.