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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

[Some letters appear in Blackwood, purporting to be had at the same price.

from the German Baron mentioned below: but we are III. These associations degrade the bar. By securing to the leading members of the profession a large such author as Baron Von Lauerwinkel

, or whether

really at a loss to determine, whether there was any share of the plain

business, and that at a higher price, these letters are not in fact the handiwork of Christhey feel less inducement to qualify themselves for dis. tinction in the more elevated departments

. On the topher North himself

, or some one of his tory coryounger and inferior members their operation is yet tone favors the latter supposition; as to the following,

respondents. Their strong English and conservative more pernicious. If left to fight their way without any especially. None but a true born Briton, surely, could private understanding, they would get business in the beginning by low charges. In this case they could have either felt and thought, or expressed himself

, in so

English a manner. We are not to be considered as expect no indulgence or forbearance from the superior whom they had underbid. They must take care to con

subscribing to all his praise of Pitt. But both portraits duct their cases with order and regularity, which is a

are finely drawn; and in many traits, truly.-Ed. Mess.) great source of improvement. The rules of pleading are

From Blackwood's Magazine, 1818. like the commandments of the Lord. “In keeping them there is great reward,” for he who is capable of FOX AND THE YOUNGER PITT. correct pleading, and actually practises it, necessarily becomes an able lawyer.

The following sketch is translated from a MS. letter of the

Baron Von Lauerwinkel. 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, “ I shall not easily forget the impression which and an utter confusion of ideas, on subjects where no was made upon me when I first found myself thing is known rightly, which is not known precisely. within the walls of the House of Commons. I was And this must be so. The tyro, who is forced to con- tben a young man, and my temper was never a tent himself with an occasional fee of $50, instead of cold one. I had heard much of England. lo the ten fees of $5 each, will have a right to complain, if he, who has compelled him to charge the highest price become ours; for the human mind is formed for

dearth of domestic freedom her great men bad for his article, should turn about and disgrace him by exposing its deficiencies. But this tacit understanding veneration, and every heart is an altar, undignisecures him in his ignorance. But for this, he would fied without its divinity, and useless without its be fair game, and would presently find that he must sacrifice. quit the bar, or qualify himself for it. These associa. “A lover of England, and an admirer of every tions save him from the necessity of doing either. And thing which tends to her greatness, I contemplated

, here is his inducement to acquiesce in such arrange- notwithstanding, with the impartiality of a foreignments. They bribe him through his love of ease. It er, scenes of political debate and contention, which is much more convenient to receive a high price for kindled into all the bigotries of wrath; the bosoms little work, slightly done, than for a great deal done of those for whose benefit they were exhibited

. carefully. Such is the principle of the trades union. Absurdities which found easy credence from the Hence loose practice, and its consequence, loose ideas heated minds of the English, made small impresof law.

Here again the parable of the cloth manufacturers sion on the disinterested and dispassionate German. applies. The maker of Kendal cotton sells only to While rival politicians were exhausting against those who care nothing about the fineness of the arti- each other every engine of oratorial conflict, their cle. Hence he too is indifferent to it. Hence also he constituents eyed the combatants, as if every fear sells less, but being better paid for worse work, he is and every hope sat on the issue of the field, and content.

prayed for their friends, and cursed their enemies, The true tariff of prices is strict practice. No man with all the fervor of a more fatal warfare ; but incapable of learning the mysteries of pleading, is capa- the calm spectator, whose optics were not blinded ble of being a good lawyer. Strict practice is an by the mists of prejudice, though his reason might ordeal which excludes from the bar all who have no make him wish the success of one party, was in 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 those who were opposed to them. With whomsoself-indulgence, puts an end to strict practice. This ever the victory of the day might be, the very ex. opens the door to a multitude of pretenders. To istence of the combat was to him a sufficient proof drive these out again is the object of bar associations that the great issue was to be a good one—that the Would it not be more honorable and more manly to ef. spirit of England was entire—that the system of fect the same object

, by frankly asserting and indus- 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 gam · moment 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 ayar Ocw.* 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 “Mr. Fox was a finer orator than Mr. Pitt. 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 Spurzbeim to discover ip 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 his position by all the engines of illustration and spake that the marks of genius seized upon the allusion. It was my fortune to hear him speak attention. Had an utter stranger been shown the before Mr. Pitt, and, I confess, that upon the heads at a theatre, and informed that they were conclusion of his harangue, filled with admiration those of the two great politicians of England, he for his warmth, bis elegance, and the apparent would certainly have imagined the dark eye- wisdom of the measures he recommended, it was brows and solemn simplicity to belong to the son not my expectation, certainly not my wish, that of Chatham, and guessed the less stately physiog- an impression equal or superior in power should nomy to be the property of his more mercurial be left upon me by the eloquence of the rival antagonist.

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 ley multitude of clever, violent, light, uncertain, exquisite speakers, and yet no two things could be self-conceited, and withal, bigotted Athenians ; more dissimilar than their modes oforatory. Fox and that the nature of his oratory was, perhaps, displayed less calmness and dignity than his phy- better than any other, adapted to such an ausiognomy might have seemed to promise. In

* With intense inspiration.

VOL. IV.-74

dience, invested by the absurdities of a corrupted they criticised him, like the peacocks of the Hindos constitution, with powers which no similar assem- fable, because he had no starry feathers in his tail, bly ever can possess without usurpation, or exer- and because the beauty of his pinions consisted cise without tyranny. Mr. Fox bad a strong only in the uniform majesty of their strength. 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 AHMOL,* 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 those who heard him. I have heard many elosame idea of utility ;-nor, upon the whole, was quent orators in England as well as elsewhere, the impression it produced of so majestic a charac- but the only one who never seemed to be at a loss ter. Mr. Pitt was, without all doubt, a consum- for a single word, or to use the less exact instead mate speaker, but in the midst of his eloquence, it of the more precise expression, or to close a senwas impossible to avoid regarding him at all tence as if the beginning of it had passed from his times, as being more of a philosopher than of an recollection, was William Pitt. The thoughts of orator. What to other men seems to be a most the feelings of such a soul would have disdained to magnificent end, he appeared to regard only as be set forth in a shape mutilated or imperfect. In one among many means for accomplishing his like manner, the intellect of Pitt would have great purpose. Statesmanship was, indeed, with scorned to borrow any ornament excepting only him the texvn ap XITEKTOVKN, and every thing was from his patriotism. The sole fire of which he kept in strict subservience to it. What Plato made use was the pure original element of heaven. vainly wished to see in a king, had he lived in our It was only for such as him to be eloquent after days, he might have beheld in a minister. that sort. The casket was not a gaudy one ; but

By men of barren or paltry minds, I can con- it was so rich, that it must have appeared ridicuceive it quite possible that Pitt, as a speaker, lous around a more ordinary jewel. might have been contemplated with very little " While Pitt and Fox were both alive, and in admiration. That which they are qualified to ad- the fullness of their strength, in one or other of the mire in a speech, was exactly what he, from prin great parties of England, each of these illustrious ciple, despised and omitted. He presented what men possessed an inflexible host of revilers; almost, he conceived to be the truth, that is, the wisdom such is the blindness of party spirit, of contemners

. of the case in simplicity, in noble simplicity, as it It is a strange anomalous circumstance in the conwas. Minds of grasp and nerve comprehended stitution of our nature that it should be so, but the him, and such alone were worthy of doing so. fact itself is quite certain, that, in all ages

, of the The small men who spend their lives in pointing world, political

, even more than military leaders, epigrams or weaving periods, could not enter into have been subjected to this absurd use of the privithe feelings which made him despise the opportu. lege which their inferiors have of judging them. So nity of displaying, for the sake of doing; and they spake the Macedonian vulgar of Demosthenes ; so reviled him as if the power, not the will, had been the more pernicious Athenian rabble of Philip

. The wanting.

voice of detraction, however, is silenced by death; λάβρος

none would listen to it over the tomb of the illosΠαγγλωσσια κωρακες ως

trious. A noble and patriotic poet* of England Ακραντα γαρυεμεν

has already embalmed, in lines that will never Διος ωρος ορνιθα θειον.

die, those feelings of regret and admiration where

Pindar, Olymp. II. with every Englishman now walks above the “Instead of following with reverent gaze the far * Sir Walter Scott. ascending flight and beaming eye of the eagle,

“Genius, and taste, and talent gone,

Forever tomb'd beneath this stone,

Where (taming thought to human pride!) * Populace.

The mighty chiess sleep side by side. + Powerful in empty sound, like ravens that vainly clamor

Drop upon Fox's grave the tear; against the majestic bird of Jove.

'Twill trickle to his rival's bier.”

mingled ashes of Pitt and Fox. The genius, the integrity, the patriotism of either, is no longer

NOTES AND ANECDOTES, disputed. The keenest partisan of the one depart- Political and Miscellaneous--from 1798 to 1830.— Drawn from ed chief would not wish to see the laurel blighted the Portfolio of an Officer of the Empire—and translated from

the French for the Messenger, by a gentleman in Paris. on the bust of his antagonist. Under other names the same political contests are continued ; and so, M, DE MARTIGNAC-HIS MINISTRY. while England is England, must they ever be.

The restoration must be viewed from its commenceBut already, such is the untarrying generosity of ment, for the purpose of forming a correct opinion of this great nation, and such the natural calmness of M. de Martignac and his Ministry; they were a plank its spirit

, the public judgment is as one concern- of safety thrown to Charles X, who disdainfully rejected ing the men themselves. The stormy passions of it, to precipitate himself in the gulf which soon swalSt. Stephen's chapel are at once chastened into lowed him. repose by the solemn stillness of Westminster Louis XVIII loved the charter as one does anything Abbey

of his own creation. He would have it believed that it " It is probable that this national generosity has was freely given to the people, though he knew better been carried too far. For me, I partake in the than any one else that it had been imposed upon him general admiration-1 refuse to neither the honor by necessity. Louis XVIII had comprehended, from that is his due. But as I did while they were coveted the power to regulate its movement, and he

its commencement, the revolution of 1789; he had alive, so, now they are dead, I still judge them attempted to do it, but he was without credit

. He impartially. There is no reason why I should had been accused of treating, with a view to his private join in the atonement, since I was guiltless of the interests, with the enemies of the monarchy. sin,

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 guilt

, and his first expression, on re-entering France, more those of an easy and gentle heart, than of a

was—“My government has committed faults.” Such firm unshaken will. Providence fixed him,

a confession, at such a moment, was not without during

dignity. the far greater part of his life, where he was best

But a rival power had raised itself up by the side of fitted to be, and was equally wise in determining the throne of Louis XVIII, full of indignation against the brighter fortune of his rival. That fortune, what is called concessions made to the revolution, never however bright, was nevertheless, to judge as men speaking of the charter in any language but that of concommonly do, no very enviable boon. The life of tempt, or of its author without disdain; tormenting and Pitt was spent all in labor—much of it in sorrow; disgusting those Ministers who refused to bend their but, England and Europe may thank their God knee before it, and to assume its colors; calling religion his great spirit was formed for its destiny, and to its aid, for the purpose of using it as an instrument ; nerer sunk into despondence. Year after year adherents ; introducing corruption into the electoral

invading all the public offices; covering France with its rolled over his head, and saw his hairs turning colleges, for the purpose of afterwards controlling the gray from care, not for himself, but for his country; chamber; and, in fine, holding itself in readiness to but every succeeding year left this Atlas of the profit by every event. This power was known under world as proudly inflexible, beneath his gigantic the name of the pavillon marsan. It had been denoun-burden, as before. Rarely, very rarely, has it ced to the chamber and to France as a concealed happened that one man has had it in his power to government. It was Charles X, with his secret counbe so splendidly, so eternally, the benefactor of his cil, preparing, during the lifetime of his brother, the species. So long as England preserves, within work of July, 1830. her 'guarded shore,' the palladium of all her Louis XVIII struggled, with various success, during heroes—the sacred pledge of Freedom,—his name

five years against the pavillon marsan. Sometimes will be the pride and glory of the soil that gave to stratagem, to secure himself a victory; sometimes


yielding to well directed attacks, now having recourse him birth. Nay, even should, at some distant day, also, showing himself jealous of his power

, and striking, the liberty of that favored land expire, in the as with the ordinance of the 5th of September, an memory of strangers he shall abundantly have his energetic blow. But Louis XVIII was old and infirm. reward; for that holy treasure which he preserv- This intestine war, this war waged daily, exhausted his ed to England might, but for the high resolution strength. He felt his end approaching, and desired to of this patriot martyr, have been lost for ever, not die in peace. To accelerate its triumph, the faction, to her only, but to the world.

inimical to the new institutions of France, had skilfully

profitted by the deplorable assassination of the Duke • He was a man, lake him for all in all,

of Berri. Was the attempt of Louvel a political crime? We shall not look upon his like again.”

Was it not rather an act of personal vengeance ? Perhaps 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 M. de Martignac, a man of delicate and enlightened had too much tact and intelligence to suffer himself to mind—a man of concession and conciliation might be deceived, or to fail to perceive the future dangers have secured the safety of the tottering throne of Charles contained in the remedy proposed to him; but over- X. He labored to do so conscientiously, and in oppocome by fatigue he opposed but a feeble resistance, sition to Charles X himself; and to do so required some and soon resigned himself into the hands of others. courage. He had first to struggle in the Council, to

Selfish, like all old men, Louis XVIII probably said obtain leave to effect a little good, and afterwards to to himself, as Louis XV had done before—“All this combat in the Chamber two oppositions—the one repelwill last, at least, as long as I do. My successors may ling the good-the other wishing for more than he arrange for themselves as well as they can;" and calling offered—the one accusing him of stripping the monarch M. de Villèle into the Ministry, he placed, in fact, all of his prerogatives—the other reproaching him with authority in the hands of his brother, of whose abso- refusing to France the perfection of her institutions. lute incapacity he was, nevertheless, perfectly con- To be the Minister of a King who refused him his convinced.

fidence, and to see his good intentions misconstrued, The reign of Charles X then really dates from the was, for two years, the political fate of M. de Martig. moment of M. de Villèle's coming into power. From nac. It will be acknowledged, that to purchase power that time the schemes of the dominant faction might be at such a price, is to pay for it dearly enough. seen through. Renouncing the concealed warfare which M. de Martignac had filled important posts under had been carried on from 1815, against the charter, it the Ministry of M. de Villèle. Charles X hoped to commenced an open attack upon the institutions which find in him a man disposed to follow, under perhaps Louis XVIII had conferred upon France.

more conciliatory forms, the system of bis predecessors, I was present in the month of December, 1830, at He thought that he would be enabled, with M. de one of the sittings of the court, during the trial of the Martignac, as with M. de Villèle, to arrive insensibly Ministers. I carried home a celebrated orator, who for at the accomplishment of his schemes; he calculated a long time figured in the first rank at the bar, and now on making but an apparent concession to public opinion. occupies an exalted situation in the magistracy. We This was also the idea of the opposition. Charles X were conversing on the subject of the request pronoun- was deceived, and the opposition believed itself so. ced by one of the Commissioners of the Chamber of The acts of the Martignac Ministry soon disabused Deputies.

Charles X, and he hastened to break an instrument The Commissioners of the Chamber,” he said, which no longer answered his purpose. Afterwards, " are wrong; they do not understand their parts; they convinced that success was impossible by any such reduce an immense process—that of France against the means, he determined to act with open force; and the restoration-to the narrow proportions of a prosecution Polignac Ministry was formed. 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 giren 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. 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,

PRINCE POLIGNAC-COUNT REAL. 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 Polignae re

The 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 throw of our institutions. M. de Polignac had, since opposition, which made no allowance for the actual 1815, shared the sentiments of Charles X. He was good which it accomplished, or for the extra-parliamen- the person that Charles X was to call upon at the motary resistance which it everywhere encountered. The ment of the execution of his schemes. most enlightened members of the opposition, and among At the time of the conspiracy of Georges, and the number, Cassimir Périer, Benjamin Constant, and under the empire, Count Real had frequently ocession General Sebastiani, appreciated the Martignac Minis- to render important services to the Messrs. Polignac. try; and if they did not frankly and openly unite them. I must do them the justice to state, that they never selves to it, it was because they foresaw that this Min- failed to show themselves grateful. istry—imposed on the crown by public opinion--could After his return from exile, M. Real instituted a suit

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