parties. The terms are generally prescribed by the | triously maintaining the superiority of genius, and superior members, who thus take away the main in- ability, and application, over imbecility, ignorance and ducement of the suitor to engage the services of inferior sloth. men. Such men may manage particular cases quite successfully, but there is a sense of security produced, by the knowledge that our business is in able hands, that decides us in favor of the superior man, if to be had at the same price. III. These associations degrade the bar. By securing to the leading members of the profession a large share of the plain business, and that at a higher price, they feel less inducement to qualify themselves for dis. tinction in the more elevated departments. On the younger and inferior members their operation is yet more pernicious. If left to fight their way without any private understanding, they would get business in the beginning by low charges. In this case they could expect no indulgence or forbearance from the superior whom they had underbid. They must take care to conduct their cases with order and regularity, which is a great source of improvement. The rules of pleading are like the commandments of the Lord. "In keeping them there is great reward," for he who is capable of correct pleading, and actually practises it, necessarily becomes an able lawyer. Now in all these associations, there is a tacit compact for mutual indulgence, which ends in blank declarations, and in formal pleadings, and uncertain issues, and an utter confusion of ideas, on subjects where no thing is known rightly, which is not known precisely. And this must be so. The tyro, who is forced to content himself with an occasional fee of $50, instead of ten fees of $5 each, will have a right to complain, if he, who has compelled him to charge the highest price for his article, should turn about and disgrace him by exposing its deficiencies. But this tacit understanding secures him in his ignorance. But for this, he would be fair game, and would presently find that he must quit the bar, or qualify himself for it. These associa. tions save him from the necessity of doing either. And here is his inducement to acquiesce in such arrangements. They bribe him through his love of ease. is much more convenient to receive a high price for little work, slightly done, than for a great deal done carefully. Such is the principle of the trades union. Hence loose practice, and its consequence, loose ideas of law. It Here again the parable of the cloth manufacturers applies. The maker of Kendal cotton sells only to those who care nothing about the fineness of the article. Hence he too is indifferent to it. Hence also he sells less, but being better paid for worse work, he is content. [Some letters appear in Blackwood, purporting to be from the German Baron mentioned below: but we are really at a loss to determine, whether there was any such author as Baron Von Lauerwinkel, or whether these letters are not in fact the handiwork of Christopher North himself, or some one of his tory cor tone favors the latter supposition; as to the following, respondents. Their strong English and conservative especially. None but a true born Briton, surely, could have either felt and thought, or expressed himself, in so subscribing to all his praise of Pitt. But both portraits English a manner. We are not to be considered as are finely drawn; and in many traits, truly.-Ed. Mess.] From Blackwood's Magazine, 1818. FOX AND THE YOUNGER PITT. The following sketch is translated from a MS. letter of the Baron Von Lauerwinkel. "I shall not easily forget the impression which was made upon me when I first found myself within the walls of the House of Commons. I was. then a young man, and my temper was never a cold one. I had heard much of England. In the dearth of domestic freedom her great men had become ours; for the human mind is formed for veneration, and every heart is an altar, undignified without its divinity, and useless without its sacrifice. "A lover of England, and an admirer of every thing which tends to her greatness, I contemplated, notwithstanding, with the impartiality of a foreignkindled into all the bigotries of wrath, the bosoms er, scenes of political debate and contention, which of those for whose benefit they were exhibited. Absurdities which found easy credence from the heated minds of the English, made small impression on the disinterested and dispassionate German. While rival politicians were exhausting against each other every engine of oratorial conflict, their constituents eyed the combatants, as if every fear and every hope sat on the issue of the field, and prayed for their friends, and cursed their enemies, with all the fervor of a more fatal warfare; but the calm spectator, whose optics were not blinded by the mists of prejudice, though his reason might make him wish the success of one party, was in no The true tariff of prices is strict practice. No man incapable of learning the mysteries of pleading, is capable of being a good lawyer. Strict practice is an ordeal which excludes from the bar all who have no business to be there, and thus leaves full employment and rich rewards for the rest. But the system of mutual danger of despising the honest zeal or the valor of indulgence, which is but another name for sloth and self-indulgence, puts an end to strict practice. This opens the door to a multitude of pretenders. To drive these out again is the object of bar associations. Would it not be more honorable and more manly to effect the same object, by frankly asserting and indus those who were opposed to them. With whomsoever the victory of the day might be, the very existence of the combat was to him a sufficient proof that the great issue was to be a good one-that the spirit of England was entire—that the system of suspicion, on which the confidence of her people is founded, was yet in all its vigor-and that there- | speaking, his other features retained every mark fore, in spite of transient difficulties and petty of energy; his eyes and his mouth alone betrayed disagreements, her freedom would eventually sur-the debauchee. There is a certain glassiness in vive all the dangers to which, at that eventful | the eye, and a certain tremulous smoothness in the period, by the mingled rage of despotism and de- lips, which I never missed in the countenance of mocracy, its most sacred bulwarks were exposed. a man of pleasure when he speaks. Fox had both "My eye formed acquaintance apace with the per- in perfection; it was only in the moments of his sons of all the eminent senators of England; but highest enthusiasm that they entirely disappeartheir first and last attraction was in those of Pitt and ed. Then, indeed, when his physiognomy was Fox. The names of these illustrious rivals had lighted up with wrath or indignation, or intensest long been, even among foreigners, familiar as earnestness-then, indeed, the activity of his feahousehold words;' and I recognised them the tures did full justice to their repose. The gammoment I perceived them, from their likeness to bler was no longer to be discovered-you saw innumerable prints and busts which I had seen. only the orator and the patriot. They tell us, Fox, in repose, had by far the more striking that modern oratory and modern action are tame, external of the two. His face had the massiness, when compared with what the ancients witnessed. precision, and gravity of a bronze statue. His I doubt, however, if either in the Pnyx or the eyes, bright but gentle, seemed to lurk under a Forum, more over-mastering energy, both of lanpair of rectilinear, ponderous, and shaggy eye- guage and of gesture, was ever exhibited, than I brows. His cheeks were square and firm; his have seen displayed in the House of Commons by forehead open and serene. The head could have Mr. Fox. When he sat down, it seemed as if he done no dishonor to poet, philosopher, or prince. had been, like the Pythoness of old, filled and agiThere was some little indecision in the lips, and a tated Tw ayav few. His whole body was dissolved tinge of luxury all over the lower features of the in floods of perspiration, and his fingers continued face. But benignity, mingled with power, was for some minutes to vibrate, as if he had been the predominant as well as the primary expression recovering from a convulsion. of the whole; and no man need have started had he been told that such was the physiognomy of The-His mode of speaking was in itself more passionseus, Sophocles, or Trajan. Pitt, in the same state ate, and it had more power over the passions of of inaction, would not have made nearly such an those to whom it was addressed. His language impression on those who knew him not. It must was indeed loose and inaccurate at times; but in have required the united skill of Lavater and the midst of all its faults, no trace could ever Spurzheim to discover in him prima facie, a great be discovered of the only fault unpardonable in man. His position was stiff, his person meagre; orators as in poets-weakness. He was evidently his nose was ill-formed, and on a very anti-gre- a man of a strong and grasping intellect, filled cian angle; his lips were inelegantly wavering in with enthusiastic devotion to his cause, and postheir line; his cheekbone projected too much, and sessing, in a mind saturated with the most multifahis chin too little. The countenance seemed ex-rious information, abundant means of confirming pressive of much cleverness, but it was not till he spake that the marks of genius seized upon the attention. Had an utter stranger been shown the heads at a theatre, and informed that they were those of the two great politicians of England, he would certainly have imagined the dark eyebrows and solemn simplicity to belong to the son of Chatham, and guessed the less stately physiognomy to be the property of his more mercurial antagonist. "Mr. Fox was a finer orator than Mr. Pitt. his position by all the engines of illustration and allusion. It was my fortune to hear him speak before Mr. Pitt, and, I confess, that upon the conclusion of his harangue, filled with admiration for his warmth, his elegance, and the apparent wisdom of the measures he recommended, it was not my expectation, certainly not my wish, that an impression equal or superior in power should be left upon me by the eloquence of the rival statesman. "Not so, had he seen either of them for the first "Nevertheless, it was so. I do not say that I time in the act of speaking. A few sentences, consider Mr. Pitt as so nearly allied to the great combined with the mode of their delivery, were politician-orator of Athens as his rival; but I sufficient to bring matters to their due level-to think he exhibited a far higher specimen of what raise Mr. Pitt, at least to the original standard of a statesman-orator should be, than Mr. Foxhis rival, and I rather think, to take away some-perhaps than Demosthenes himself ever did. It is what of the first effect produced by the imposing true, that the illustrious ancient addressed a motmajesty of Mr. Fox's features. They were both exquisite speakers, and yet no two things could be more dissimilar than their modes of oratory. Fox displayed less calmness and dignity than his physiognomy might have seemed to promise. In ley multitude of clever, violent, light, uncertain, self-conceited, and withal, bigotted Athenians; and that the nature of his oratory was, perhaps, better than any other, adapted to such an au * With intense inspiration. and because the beauty of his pinions consisted only in the uniform majesty of their strength. dience, invested by the absurdities of a corrupted | they criticised him, like the peacocks of the Hindoo constitution, with powers which no similar assem- fable, because he had no starry feathers in his tail, bly ever can possess without usurpation, or exercise without tyranny. Mr. Fox had a strong leaning as I apprehend, by far too strong a "The style of speaking which was employed leaning to the democratic part of the British by this great man, seems to be the only style worconstitution. He even spoke more for the mul- thy of such a spirit as his was, intrusted with such titude without, than for the few within, the walls duties as he discharged. Intellect imbodied in of the House of Commons; and his resemblance language by a patriot-these few words compreto Demosthenes was perhaps a fault, rather than hend every thing that can be said of it. Every an excellence. Mr. Pitt always remembered sentence proceeded from his mouth as perfect, in that it was his business to address and convince, all respects, as if it had been balanced and elaboranot the British AHMOE,* but the British senate. ted in the retirement of his closet: and yet no man "His mode of speaking was totally devoid of for an instant suspected him of bestowing any hesitation, and equally so of affectation. The previous attention whatever on the form or lanstream of his discourse flowed on smoothly, unin- guage of his harangues. His most splendid apterruptedly, copiously. The tide of Fox's elo-pearances were indeed most frequently replies, so quence might present a view of more windings that no such supposition could exist in the minds of and cataracts, but it by no means suggested the same idea of utility;-nor, upon the whole, was the impression it produced of so majestic a character. Mr. Pitt was, without all doubt, a consummate speaker, but in the midst of his eloquence, it was impossible to avoid regarding him at all times, as being more of a philosopher than of an orator. What to other men seems to be a most magnificent end, he appeared to regard only as one among many means for accomplishing his great purpose. Statesmanship was, indeed, with him the TEKUT OXITEKTOVIKT, and every thing was kept in strict subservience to it. What Plato vainly wished to see in a king, had he lived in our days, he might have beheld in a minister. "By men of barren or paltry minds, I can conceive it quite possible that Pitt, as a speaker, might have been contemplated with very little admiration. That which they are qualified to admire in a speech, was exactly what he, from principle, despised and omitted. He presented what he conceived to be the truth, that is, the wisdom of the case in simplicity, in noble simplicity, as it was. Minds of grasp and nerve comprehended him, and such alone were worthy of doing so. The small men who spend their lives in pointing epigrams or weaving periods, could not enter into the feelings which made him despise the opportu nity of displaying, for the sake of doing; and they reviled him as if the power, not the will, had been wanting. those who heard him. I have heard many eloquent orators in England as well as elsewhere, but the only one who never seemed to be at a loss for a single word, or to use the less exact instead of the more precise expression, or to close a sentence as if the beginning of it had passed from his recollection, was William Pitt. The thoughts o the feelings of such a soul would have disdained to be set forth in a shape mutilated or imperfect. In like manner, the intellect of Pitt would have scorned to borrow any ornament excepting only from his patriotism. The sole fire of which he made use was the pure original element of heaven. It was only for such as him to be eloquent after that sort. The casket was not a gaudy one; but it was so rich, that it must have appeared ridiculous around a more ordinary jewel. of the "While Pitt and Fox were both alive, and in the fullness of their strength, in one or other of the great parties of England, each of these illustrious men possessed an inflexible host of revilers; almost, such is the blindness of party spirit, of contemners. It is a strange anomalous circumstance in the constitution of our nature that it should be so, but the fact itself is quite certain, that, in all ages, world, political, even more than military leaders, have been subjected to this absurd use of the privi lege which their inferiors have of judging them. So spake the Macedonian vulgar of Demosthenes; so the more pernicious Athenian rabble of Philip. The voice of detraction, however, is silenced by death; none would listen to it over the tomb of the illustrious. A noble and patriotic poet of England has already embalmed, in lines that will never die, those feelings of regret and admiration wherewith every Englishman now walks above the * Sir Walter Scott. "Genius, and taste, and talent gone, The mighty chiefs sleep side by side. mingled ashes of Pitt and Fox. The genius, the integrity, the patriotism of either, is no longer disputed. The keenest partisan of the one departed chief would not wish to see the laurel blighted on the bust of his antagonist. Under other names the same political contests are continued; and so, while England is England, must they ever be. But already, such is the untarrying generosity of this great nation, and such the natural calmness of its spirit, the public judgment is as one concerning the men themselves. The stormy passions of St. Stephen's chapel are at once chastened into repose by the solemn stillness of Westminster Abbey. "It is probable that this national generosity has been carried too far. For me, I partake in the general admiration-I refuse to neither the honor that is his due. But as I did while they were alive, so, now they are dead, I still judge them impartially. There is no reason why I should join in the atonement, since I was guiltless of the sin. NOTES AND ANECDOTES, Political and Miscellaneous--from 1799 to 1830.-Drawn from the Portfolio of an Officer of the Empire-and translated from the French for the Messenger, by a gentleman in Paris. M. DE MARTIGNAC-HIS MINISTRY. The restoration must be viewed from its commencement, for the purpose of forming a correct opinion of M. de Martignac and his Ministry; they were a plank of safety thrown to Charles X, who disdainfully rejected it, to precipitate himself in the gulf which soon swallowed him. Louis XVIII loved the charter as one does anything of his own creation. He would have it believed that it was freely given to the people, though he knew better than any one else that it had been imposed upon him by necessity. Louis XVIII had comprehended, from coveted the power to regulate its movement, and he its commencement, the revolution of 1789; he had attempted to do it, but he was without credit. He had been accused of treating, with a view to his private interests, with the enemies of the monarchy. In 1814, Louis XVIII felt, that without the charter, "Mr. Fox was, I think, a man of great talents France could not be governed six months; but he had and of great virtues, whose talents and virtues not strength to suppress the false steps of men who had were both better fitted for a leader of Parliamen- shared his misfortunes, but who had not, like himself, tary opposition, than for a prime-minister of Eng-profitted by the lessons of experience. His weakness land; for his talents were rather of the destructive was punished by a second exile; he then avowed his than of the constructive kind, and his virtues were more those of an easy and gentle heart, than of a firm unshaken will. Providence fixed him, during the far greater part of his life, where he was best fitted to be, and was equally wise in determining the brighter fortune of his rival. That fortune, however bright, was nevertheless, to judge as men commonly do, no very enviable boon. The life of Pitt was spent all in labor-much of it in sorrow; but, England and Europe may thank their God his great spirit was formed for its destiny, and never sunk into despondence. Year after year rolled over his head, and saw his hairs turning gray from care, not for himself, but for his country; but every succeeding year left this Atlas of the world as proudly inflexible, beneath his gigantic burden, as before. Rarely, very rarely, has it happened that one man has had it in his power to be so splendidly, so eternally, the benefactor of his species. So long as England preserves, within her 'guarded shore,' the palladium of all her heroes-the sacred pledge of Freedom,—his name will be the pride and glory of the soil that gave him birth. Nay, even should, at some distant day, the liberty of that favored land expire, in the memory of strangers he shall abundantly have his reward; for that holy treasure which he preserved to England might, but for the high resolution of this patriot martyr, have been lost for ever, not to her only, but to the world. guilt, and his first expression, on re-entering France, was-" My government has committed faults." Such a confession, at such a moment, was not without dignity. But a rival power had raised itself up by the side of the throne of Louis XVIII, full of indignation against what is called concessions made to the revolution, never speaking of the charter in any language but that of contempt, or of its author without disdain; tormenting and disgusting those Ministers who refused to bend their knee before it, and to assume its colors; calling religion to its aid, for the purpose of using it as an instrument; adherents; introducing corruption into the electoral invading all the public offices; covering France with its colleges, for the purpose of afterwards controlling the chamber; and, in fine, holding itself in readiness to profit by every event. This power was known under the name of the pavillon marsan. It had been denounced to the chamber and to France as a concealed government. It was Charles X, with his secret council, preparing, during the lifetime of his brother, the work of July, 1830. 'He was a man, take him for all in all, Louis XVIII struggled, with various success, during five years against the pavillon marsan. Sometimes to stratagem, to secure himself a victory; sometimes, yielding to well directed attacks, now having recourse also, showing himself jealous of his power, and striking, as with the ordinance of the 5th of September, an energetic blow. But Louis XVIII was old and infirm. This intestine war, this war waged daily, exhausted his strength. He felt his end approaching, and desired to die in peace. To accelerate its triumph, the faction, inimical to the new institutions of France, had skilfully profitted by the deplorable assassination of the Duke of Berri. Was the attempt of Louvel a political crime? Was it not rather an act of personal vengeance? Per haps at some future day it may be explained. It was, | have but an ephemeral existence, and thought it necesnevertheless, used as a political crime for the purpose sary to prepare themselves for resisting a storm that of showing to Louis XVIII the danger of doctrines was gathering in the sombre distance. which were developed by his charter. The old King had too much tact and intelligence to suffer himself to be deceived, or to fail to perceive the future dangers contained in the remedy proposed to him; but overcome by fatigue he opposed but a feeble resistance, and soon resigned himself into the hands of others. Selfish, like all old men, Louis XVIII probably said to himself, as Louis XV had done before-"All this will last, at least, as long as I do. My successors may arrange for themselves as well as they can ;" and calling M. de Villèle into the Ministry, he placed, in fact, all authority in the hands of his brother, of whose absolute incapacity he was, nevertheless, perfectly convinced. The reign of Charles X then really dates from the moment of M. de Villèle's coming into power. From that time the schemes of the dominant faction might be seen through. Renouncing the concealed warfare which had been carried on from 1815, against the charter, it commenced an open attack upon the institutions which Louis XVIII had conferred upon France. I was present in the month of December, 1830, at one of the sittings of the court, during the trial of the | Ministers. I carried home a celebrated orator, who for a long time figured in the first rank at the bar, and now occupies an exalted situation in the magistracy. We were conversing on the subject of the request pronounced by one of the Commissioners of the Chamber of Deputies. M. de Martignac, a man of delicate and enlightened mind-a man of concession and conciliation might have secured the safety of the tottering throne of Charles X. He labored to do so conscientiously, and in opposition to Charles X himself; and to do so required some courage. He had first to struggle in the Council, to obtain leave to effect a little good, and afterwards to combat in the Chamber two oppositions—the one repel· ling the good-the other wishing for more than he offered-the one accusing him of stripping the monarch of his prerogatives-the other reproaching him with refusing to France the perfection of her institutions, To be the Minister of a King who refused him his confidence, and to see his good intentions misconstrued, was, for two years, the political fate of M. de Martignac. It will be acknowledged, that to purchase power at such a price, is to pay for it dearly enough. M. de Martignac had filled important posts under the Ministry of M. de Villèle. Charles X hoped to find in him a man disposed to follow, under perhaps more conciliatory forms, the system of his predecessors. He thought that he would be enabled, with M. de Martignac, as with M. de Villèle, to arrive insensibly at the accomplishment of his schemes; he calculated on making but an apparent concession to public opinion. This was also the idea of the opposition. Charles X was deceived, and the opposition believed itself so. The acts of the Martignac Ministry soon disabused Charles X, and he hastened to break an instrument which no longer answered his purpose. Afterwards, convinced that success was impossible by any such means, he determined to act with open force; and the Polignac Ministry was formed. "The Commissioners of the Chamber," he said, "are wrong; they do not understand their parts; they reduce an immense process-that of France against the restoration to the narrow proportions of a prosecution against individuals. If I had had to speak in this affair, M. de Martignac had given all that an honest man I would have traced these facts to their true source. could give to his King and his country; he had given Throwing Louis XVIII aside, who acted in my opinion his health and his life. After his retirement from office, with perfect sincerity, I would have exhibited Charles those who had been his adversaries, rendered full X, swearing to the charter, first as a Prince, and after-homage to his honorable character, and his pure intenwards as King, with the settled determination of tions. I have before said that this is the only justice destroying it. I would have followed him through which statesmen can expect. PRINCE POLIGNAC-COUNT REAL. fifteen years, laboring incessantly at his work, sometimes yielding, but only that he might the more perfectly succeed in his deceptions; and, because the moment for action did not appear to have yet arrived, down to the day on which he found Ministers, whose M. de Polignac was named Minister of Foreign blind devotion and weak understanding allowed them Affairs; his nomination, announced a long time in to associate themselves with his mad enterprize; and I advance, was a defiance thrown in the teeth of the would, as by accident, have encountered these four nation. It replied by a unanimous cry of anger and heads, whom I would scarcely have deigned to touch." indignation. Arrived at power, M. de Polignac reThe Ministry of M. de Martignac was one of those mained, what he had always been, presumptuous almost impediments to which Charles X had to submit. This to madness, regarding everything which he had dreamed Ministry was composed of honest men whose good of as possible and easy; and he had dreamed of the overintentions were, however, never acknowledged by the opposition, which made no allowance for the actual good which it accomplished, or for the extra-parliamentary resistance which it everywhere encountered. The most enlightened members of the opposition, and among the number, Cassimir Périer, Benjamin Constant, and General Sebastiani, appreciated the Martignac Ministry; and if they did not frankly and openly unite them-I selves to it, it was because they foresaw that this Ministry-imposed on the crown by public opinion-could throw of our institutions. M. de Polignac had, since 1815, shared the sentiments of Charles X. He was the person that Charles X was to call upon at the moment of the execution of his schemes. At the time of the conspiracy of Georges, and under the empire, Count Real had frequently occasion to render important services to the Messrs. Polignac, must do them the justice to state, that they never failed to show themselves grateful. After his return from exile, M. Real instituted a suit |