It is a remarkable feature in the complex and difficult mach

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[Illustration]

NUTS AND NUTCRACKERS.

"The world's my filbert which with my crackers I will open."

SHAKSPEARE.

"The priest calls the lawyer a cheat,

And the lawyer beknaves the divine;

And the statesman, because he's so great,

Thinks his trade's as honest as mine."

BEGGAR'S OPERA.

"Hard texts are _nuts_ (I will not call them cheaters,)

Whose shells do keep their kernels from the eaters;

Open the shells, and you shall have the meat:

They here are brought for you to crack and eat."

JOHN BUNYAN.

ILLUSTRATED BY "PHIZ."

Second Edition.

LONDON:

WM. S. ORR AND CO., PATERNOSTER ROW;

WILLIAM CURRY, JUN., AND CO., DUBLIN.

MDCCCXLV.

LONDON:

BRADBURY AND EVANS, PRINTERS, WHITEFRIARS.

CONTENTS.

PAGE

AN OPENING NUT vii

A NUT FOR MEN OF GENIUS 1

A NUT FOR CORONERS 15

A NUT FOR "TOURISTS" 19

A NUT FOR LEGAL FUNCTIONARIES 22

A NUT FOR "ENDURING AFFECTION" 31

A NUT FOR THE POLICE AND SIR PETER 37

A NUT FOR THE BUDGET 44

A NUT FOR REPEAL 49

A NUT FOR NATIONAL PRIDE 55

A NUT FOR DIPLOMATISTS 64

A NUT FOR FOREIGN TRAVEL 71

A NUT FOR DOMESTIC HAPPINESS 77

A NUT FOR LADIES BOUNTIFUL 82

A NUT FOR THE PRIESTS 85

A NUT FOR LEARNED SOCIETIES 87

A NUT FOR THE LAWYERS 92

A NUT FOR THE IRISH 99

A NUT FOR VICEREGAL PRIVILEGES 102

RICH AND POOR--POUR ET CONTRE 109

A NUT FOR ST. PATRICK'S NIGHT 114

A NUT FOR "GENTLEMAN JOCKS" 119

A NUT FOR YOUNGER SONS 123

A NUT FOR THE PENAL CODE 128

A NUT FOR THE OLD 131

A NUT FOR THE ART UNION 133

A NUT FOR THE KINGSTOWN RAILWAY 137

A NUT FOR THE DOCTORS 141

A NUT FOR THE ARCHITECTS 145

A NUT FOR A NEW COLONY 148

A "SWEET" NUT FOR THE YANKEES 153

A NUT FOR THE SEASON--JULLIEN'S QUADRILLES 157

A NUT FOR "ALL IRELAND" 163

A NUT FOR "A NEW COMPANY" 168

A NUT FOR "THE POLITICAL ECONOMISTS" 175

A NUT FOR "GRAND DUKES" 180

A NUT FOR THE EAST INDIA DIRECTORS 183

A FILBERT FOR SIR ROBERT PEEL 185

"THE INCOME TAX" 186

A NUT FOR THE "BELGES" 189

A NUT FOR WORKHOUSE CHAPLAINS 192

A NUT FOR THE "HOUSE" 197

A NUT FOR "LAW REFORM" 200

A NUT FOR "CLIMBING BOYS" 203

A NUT FOR "THE SUBDIVISION OF LABOUR" 206

A NUT FOR A "NEW VERDICT" 212

A NUT FOR THE REAL "LIBERATOR" 216

A NUT FOR "HER MAJESTY'S SERVANTS" 221

A NUT FOR THE LANDLORD AND TENANT COMMISSION 225

A NUT FOR THE HUMANE SOCIETY 228

[Illustration]

A NUT FOR MEN OF GENIUS.

If Providence, instead of a vagabond, had made me a justice of the

peace, there is no species of penalty I would not have enforced

against a class of offenders, upon whom it is the perverted taste of

the day to bestow wealth, praise, honour, and reputation; in a word,

upon that portion of the writers for our periodical literature whose

pastime it is by high-flown and exaggerated pictures of society,

places, and amusements, to mislead the too credulous and believing

world; who, in the search for information and instruction, are but

reaping a barren harvest of deceit and illusion.

Every one is loud and energetic in his condemnation of a bubble

speculation; every one is severe upon the dishonest features of

bankruptcy, and the demerits of un-trusty guardianship; but while the

law visits these with its pains and penalties, and while heavy

inflictions follow on those breaches of trust, which affect our

pocket, yet can he "walk scatheless," with port erect and visage high

who, for mere amusement--for the passing pleasure of the moment--or,

baser still, for certain pounds per sheet, can, present us with the

air-drawn daggers of a dyspeptic imagination for the real woes of

life, or paint the most common-place and tiresome subjects with

colours so vivid and so glowing as to persuade the unwary reader that

a paradise of pleasure and enjoyment, hitherto unknown, is open before

him. The treadmill and the ducking-stool, "_me judice_," would no

longer be tenanted by rambling gipsies or convivial rioters, but would

display to the admiring gaze of an assembled multitude the

aristocratic features of Sir Edward Bulwer Lytton, the dark whiskers

of D'Israeli, the long and graceful proportions of Hamilton Maxwell,

or the portly paunch and melo-dramatic frown of that right pleasant

fellow, Henry Addison himself.

You cannot open a newspaper without meeting some narrative of what, in

the phrase of the day, is denominated an "attempted imposition." Count

Skryznyzk, with black moustachoes and a beard to match, after being

the lion of Lord Dudley Stuart's parties, and the delight of a certain

set of people in the West-end--who, when they give a tea-party, call

it a _soiree_, and deem it necessary to have either a Hindoo or a

Hottentot, a Pole, or a Piano-player, to interest their guests--was

lately brought up before Sir Peter Laurie, charged by 964 with

obtaining money under false pretences, and sentenced to three months'

imprisonment and hard labour at the treadmill.

The charge looks a grave one, good reader, and perhaps already some

notion is trotting through your head about forgery or embezzlement;

you think of widows rendered desolate, or orphans defrauded; you

lament over the hard-earned pittance of persevering industry lost to

its possessor; and, in your heart, you acknowledge that there may have

been some cause for the partition of Poland, and that the Emperor of

the Russias, like another monarch, may not be half so black as he is

painted. But spare your honest indignation; our unpronounceable friend

did none of these. No; the head and front of his offending was simply

exciting the sympathies of a feeling world for his own deep wrongs;

for the fate of his father, beheaded in the Grand Place at Warsaw; for

his four brothers, doomed never to see the sun in the dark mines of

Tobolsk; for his beautiful sister, reared in the lap of luxury and

wealth, wandering houseless and an outcast around the palaces of St.

Petersburg, wearying heaven itself with cries for mercy on her

banished brethren; and last of all, for himself--he, who at the battle

of Pultowa led heaven-knows how many and how terrific charges of

cavalry,--whose breast was a galaxy of orders only outnumbered by his

wounds--that he should be an exile, without friends, and without home!

In a word, by a beautiful and highly-wrought narrative, that drew

tears from the lady and ten shillings from the gentleman of the house,

he became amenable to our law as a swindler and an impostor, simply

because his narrative was a fiction.

In the name of all justice, in the name of truth, of honesty, and fair

dealing, I ask you, is this right? or, if the treadmill be the fit

reward for such powers as his, what shall we say, what shall we do,

with all the popular writers of the day? How many of Bulwer's stories

are facts? What truth is there in James? Is that beautiful creation of

Dickens, "Poor Nell," a real or a fictitious character? And is the

offence, after all, merely in the manner, and not the matter, of the

transgression? Is it that, instead of coming before the world printed,

puffed, and hot-pressed by the gentlemen of the Row, he ventured to

edite himself, and, instead of the trade, make his tongue the medium

of publication? And yet, if speech be the crime, what say you to

Macready, and with what punishment are you prepared to visit him who

makes your heart-strings vibrate to the sorrows of _Virginius_, or

thrills your very blood with the malignant vengeance of _Iago_? Is

what is permissible in Covent Garden, criminal in the city? or,

stranger still, is there a punishment at the one place, and praise at

the other? Or is it the costume, the foot-lights, the orange-peel, and

the sawdust--are they the terms of the immunity? Alas, and alas! I

believe they are.

Burke said, "The age of chivalry is o'er;" and I believe the age of

poetry has gone with it; and if Homer himself were to chant an Iliad

down Fleet Street, I'd wager a crown that 964 would take him up for a

ballad-singer.

But a late case occurs to me. A countryman of mine, one Bernard

Cavanagh, doubtless, a gentleman of very good connections, announced

some time ago that he had adopted a new system of diet, which was

neither more nor less than going without any food. Now, Mr. Cavanagh

was a stout gentleman, comely and plump to look at, who conversed

pleasantly on the common topics of the day, and seemed, on the whole,

to enjoy life pretty much like other people. He was to be seen for a

shilling--children half-price; and although Englishmen have read of

our starving countrymen for the last century and a-half, yet their

curiosity to see one, to look at him, to prod him with their

umbrellas, punch him with their knuckles, and otherwise test his

vitality, was such, that they seemed just as much alive as though the

phenomenon was new to them. The consequence was, Mr. Cavanagh, whose

cook was on board wages, and whose establishment was of the least

expensive character, began to wax rich. Several large towns and

cities, in different parts of the empire, requested him to visit them;

and Joe Hume suggested that the corporation of London should offer him

ten thousand pounds for his secret, merely for the use of the livery.

In fact, Cavanagh was now the cry, and as Barney appeared to grow fat

on fasting, his popularity knew no bounds. Unfortunately, however,

ambition, the bane of so many other great men, numbered him also among

its victims. Had he been content with London as the sphere of his

triumphs and teetotalism, there is no saying how long he might have

gone on starving with satisfaction. Whether it is that the people are

less observant there, or more accustomed to see similar exhibitions,

I cannot tell; but true it is they paid their shillings, felt his

ribs, walked home, and pronounced Barney a most exemplary Irishman.

But not content with the capital, he must make a tour in the

provinces, and accordingly went starring it about through Leeds,

Birmingham, Manchester, and all the other manufacturing towns, as if

in mockery of the poor people who did not know the secret how to live

without food.

Mr. Cavanagh was now living--if life it can be called--in one of the

best hotels, when, actuated by that spirit of inquiry that

characterises the age, a respectable lady, who kept a boarding-house,

paid him a visit, to ascertain, if possible, how far his system might

be made applicable to her guests, who, whatever their afflictions,

laboured under no such symptoms as his.

She was pleased with Barney,--she patted him with her hand; he was

round, and plump, and fat, much more so, indeed, than many of her

daily dinner-party; and had, withal, that kind of joyous, rollicking,

devil-may-care look, that seems to bespeak good condition;--but this

the poor lady, of course, did not know to be an inherent property in

Pat, however poor his situation.

After an interview of an hour long she took her leave, not exhibiting

the usual satisfaction of other visitors, but with a dubious look and

meditative expression, that betokened a mind not made up, and a heart

not at ease; she was clearly not content, perhaps the abortive effort

to extract a confession from Mr. Cavanagh might be the cause, or

perhaps she felt like many respectable people whose curiosity is only

the advanced guard to their repentance, and who never think that in

any exhibition they get the worth of their money. This might be the

case, for as fasting is a negative process, there is really little to

see in the performer. Had it been the man that eats a sheep; "_a la

bonne heure!_" you have something for your money there: and I can even

sympathize with the French gentleman who follows Van Amburgh to this

day, in the agreeable hope, to use his own words, of "assisting at the

_soiree_, when the lions shall eat Mr. Van Amburgh." This, if not

laudable is at least intelligible. But to return, the lady went her

way, not indeed on hospitable thoughts intent, but turning over in her

mind various theories about abstinence, and only wishing she had the

whole of the Cavanagh family for boarders at a guinea a-week.

Late in the evening of the same day this estimable lady, whose

inquiries into the properties of gastric juice, if not as scientific,

were to the full as enthusiastic as those of Bostock or Tiedeman

himself, was returning from an early tea, through an unfrequented

suburb of Manchester, when suddenly her eye fell upon Bernard

Cavanagh, seated in a little shop--a dish of sausages and a plate of

ham before him, while a frothing cup of porter ornamented his right

hand. It was true, he wore a patch above his eye, a large beard, and

various other disguises, but they served him not: she knew him at

once. The result is soon told: the police were informed; Mr. Cavanagh

was captured; the lady gave her testimony in a crowded court, and he

who lately was rolling on the wheel of fortune, was now condemned to

foot it on a very different wheel, and all for no other cause than

that he could not live without food.

The magistrate, who was eloquent on the occasion, called him an

impostor; designating by this odious epithet, a highly-wrought and

well-conceived work of imagination. Unhappy Defoe, your Robinson

Crusoe might have cost you a voyage across the seas; your man Friday

might have been a black Monday to you had you lived in our days. 964

is a severer critic than _The Quarterly_, and his judgment more

irrevocable.

[Illustration: The Man of Genius.]

We have never heard of any one who, discovering the fictitious

character of a novel he had believed as a fact, waited on the

publisher with a modest request that his money might be returned to

him, being obtained under false pretences; much less of his applying

to his worship for a warrant against G. P. R. James, Esq., or Harrison

Ainsworth, for certain imaginary woes and unreal sorrows depicted in

their writings: yet the conduct of the lady towards Mr. Cavanagh was

exactly of this nature. How did his appetite do her any possible

disservice? what sins against her soul were contained in his sausages?

and yet she must appeal to the justice as an injured woman: Cavanagh

had imposed upon her--she was wronged because he was hungry. All his

narrative, beautifully constructed and artfully put together, went for

nothing; his look, his manner, his entertaining anecdotes, his

fascinating conversation, his time--from ten in the morning till eight

in the evening--went all for nothing: this really is too bad. Do we

ask of every author to be the hero he describes? Is Bulwer, Pelham,

and Paul Clifford, Eugene Aram, and the Lady of Lyons? Is James, Mary

of Burgundy, Darnley, the Gipsy, and Corse de Leon? Is Dickens, Sam

Weller, Quilp, and Barnaby Rudge?--to what absurdities will this lead

us! and yet Bernard Cavanagh was no more guilty than any of these

gentlemen. He was, if I may so express it, a pictorial--an ideal

representation of a man that fasted: he narrated all the sensations

want of food suggests; its dreamy debility, its languid stupor, its

painful suffering, its stage of struggle and suspense, ending in a

victory, where the mind, the conqueror over the baser nature, asserts

its proud and glorious supremacy in the triumph of volition; and for

this beautiful creation of his brain he is sent to the treadmill, as

though, instead of a poet, he had been a pickpocket.

If Bulwer be a baronet; if Dickens' bed-room be papered with

bank-debentures; then do I proclaim it loudly before the world,

Bernard Cavanagh is an injured man: you are either absurd in one case,

or unjust in the other; take your choice. Ship off Sir Edward to the

colonies; send James to Swan River; let Lady Blessington card wool, or

Mrs. Norton pound oyster-shells; or else we call upon you, give Mr.

Cavanagh freedom of the guild; call him the author of "The Hungry

One;" let him be courted and _feted_--you may ask him to dinner with

an easy conscience, and invite him to tea without remorse. Let a

Whig-radical borough solicit him to represent it; place him at the

right hand of Lord John; let his picture be exhibited in the

print-shops, and let the cut of his coat and the tie of his cravat be

so much in vogue, that bang-ups _a la_ Barney shall be the only things

seen in Bond-street: one course or the other you must take. If the

mountain will not go to Mahomet, Mahomet must go to the mountain: or

in other words, if Bulwer descend not to Barney, Barney must mount up

to Bulwer. It is absurd, it is worse than absurd, to pretend that he

who so thoroughly sympathises with his hero, as to embody him in his

own thoughts and acts, his look, his dress, and his demeanour, that

he, I say, who so penetrated with the impersonation of a part, finds

the pen too weak, and the press too slow, to picture forth his vivid

creations, should be less an object of praise, of honour, and

distinction, than the indolent denizen of some drawing-room, who, in

slippered ease, dictates his shadowy and imperfect conceptions--visions

of what he never felt, dreamy representations of unreality.

"The poet," as the word implies, is the maker or the creator; and

however little of the higher attributes of what the world esteems as

poetry the character would seem to possess, he who invents a

personage, the conformity of whose traits to the rule of life is

acknowledged for its truth, he, I say, is a poet. Thus, there is

poetry in Sancho Panza, Falstaff, Dugald Dalgetty, and a hundred other

similar impersonations; and why not in Bernard Cavanagh?

Look for a moment at the effects of your system. The Caraccis, we are

told, spent their boyish years drawing rude figures with chalk on the

doors and even the walls of the palaces of Rome: here the first germs

of their early talent displayed themselves; and in those bold

conceptions of youthful genius were seen the first dawnings of a power

that gave glory to the age they lived in. Had Sir Peter Laurie been

their cotemporary, had 964 been loose in those days, they would have

been treated with a trip to the mill, and their taste for design

cultivated by the low diet of a penitentiary. You know not what

budding genius you have nipped with this abominable system: you think

not of the early indications of mind and intellect you may be

consigning to prison: or is it after all, that the matter-of-fact

spirit of the age has sapped the very vitals of our law-code, and that

in your utilitarian zeal you have doomed to death all that bears the

stamp of imagination? if this be indeed your object, have a good

heart, encourage 964, and you'll not leave a novelist in the land.

Good reader, I ask your pardon for all this honest indignation; I know

it is in vain: I cannot reform our jurisprudence; and our laws, like

the Belgian revolution, must be regarded "_comme un fait accompli_;"

in other words, what can't be cured must be endured. Let us leave then

our friend the Pole to perform his penance; let us say adieu to

Barney, who is at this moment occupying a suite of apartments in the

Penitentiary, and let us turn to the reverse of the medal, I mean to

those who would wile us away by false promises and flattering speeches

to entertain such views of life as are not only impossible but

inconsistent, thus rendering our path here devoid of interest and of

pleasure, while compared with the extravagant creations of their own

erring fancies. Yes, princes may be trusted, but put not your faith in

periodicals. Let no pictorial representations of Alpine scenery, under

the auspices of Colburn or Bentley, seduce you from the comforts of

your hearth and home: let no enthusiastic accounts of military

greatness, no peninsular pleasures, no charms of campaigning life,

induce you to change your garb of country gentleman for the livery of

the Horse-Guards,--"making the green one red."

Be not mystified by Maxwell, nor lured by Lorrequer; let no panegyrics

of pipe-clay and the brevet seduce you from the peaceful path in life;

let not Marryat mar your happiness by the glories of those who dwell

in the deep waters; let not Wilson persuade you that the "Lights and

Shadows of Scottish Life" have any reference to that romantic people,

who betake themselves to their native mountains with a little oatmeal

for food and a little sulphur for friction; do not believe one

syllable about the girls of the west; trust not in the representations

of their blue eyes, nor of their trim ankles peering beneath a jupe of

scarlet--we can vouch it is true, for the red petticoat, but the rest

is apocryphal. Fly, we warn you, from Summers in Germany, Evenings in

Brittany, Weeks on the Rhine; away with tours, guide-books, and all

the John Murrayisms of travels. A plague upon Egypt! travellers have a

proverbial liberty of conscience, and the farther they go, the more

does it seem to stretch; not that near home matters are much better,

for our "Wild Sports" in Achill are as romantic as those in Africa,

and the Complete Angler is a complete humbug.

There is no faith--no principle in any of these men. The grave writer,

the stern moralist, the uncompromising advocate of the inflexible rule

of right, is a dandy with essenced locks, loose trousers, and looser

morals, who breakfasts at four in the afternoon, and spends his

evenings among the side scenes of the opera; the merry writer of whims

and oddities, who shakes his puns about like pepper from a

pepper-castor, is a misanthropic, melancholy gentleman, of mournful

look and unhappy aspect: the advocate of field-sports, of all the

joyous excitement of the hunting-field, and the bold dangers of the

chase, is an asthmatic sexagenarian, with care in his heart and gout

in his ankles; and lastly, he who lives but in the horrors of a

charnel-house, whose gloomy mind finds no pleasure save in the dark

and dismal pictures of crime and suffering, of lingering agony, or

cruel death, is a fat, round, portly, comely gentleman, with a laugh

like Falstaff, and a face whose every lineament and feature seems to

exhale the merriment of a jocose and happy temperament. I speak not of

the softer sex, many of whose productions would seem to have but

little sympathy with themselves; but once for all, I would ask you

what reliance, what faith can you place in any of them? Is it to the

denizen of a coal mine you apply for information about the Nassau

balloon? Do you refer a disputed point in dress to an Englishman, in

climate to a Laplander, in politeness to a Frenchman, or in

hospitality to a Belgian? or do you not rather feel that these are not

exactly their attributes, and that you are moving the equity for a

case at common law? exactly in the same way, and for the same reason,

we repeat it, put not your faith in periodicals, nor in the writers

thereof.

How ridiculous would it appear if the surgeon-general were to open a

pleading, or charge a jury in the Queen's Bench, while the

solicitor-general was engaged in taking up the femoral artery! What

would you say if the Archbishop of Canterbury were to preside over the

artillery-practice at Woolwich, while the Commander of the Forces

delivered a charge to the clergy of the diocese? How would you look if

Justice Pennefather were to speak at a repeal meeting, and Daniel

O'Connell to conduct himself like a loyal and discreet citizen? Would

you not at once say the whole world is in masquerade? and would you

not be justified in the remark? And yet this it is which is exactly

taking place before your eyes in the wide world of letters. The

illiterate and unreflecting man of under-bred habits and degenerate

tastes will write nothing but a philosophic novel; the denizen of the

Fleet, or the Queen's Bench, publishes an ascent of Mont Blanc, with

a glowing description of the delights of liberty; the nobleman writes

slang; the starving author, with broken boots and patched

continuations, will not indite a name undignified by a title; and

after all this, will you venture to tell me that these men are not

indictable by the statute for obtaining money under false pretences?

I have run myself out of breath; and now, if you will allow me a few

moments, I will tell you what, perhaps, I ought to have done earlier

in this article, namely, its object.

It is a remarkable feature in the complex and difficult machinery of

our society, that while crime and the law code keep steadily on the

increase, moving in parallel lines one beside the other, certain

prejudices, popular fallacies--nuts, as we have called them at the

head of this paper--should still disgrace our social system; and that,

however justice may be administered in our courts of law, in the

private judicature of our own dwellings we observe an especial system

of jurisprudence, marked by injustice and by wrong. To endeavour to

depict some instances of this, I have set about my present

undertaking. To disabuse the public mind as to the error, that what is

punishable in one can be praiseworthy in another; and what is

excellent in the court can be execrable in the city. Such is my

object, such my hope. Under this title I shall endeavour to touch upon

the undue estimation in which we hold certain people and places--the

unfair depreciation of certain sects and callings. Not confining

myself to home, I shall take the habits of my countrymen on the

Continent, whether in their search for climate, economy, education, or

enjoyment; and, as far as my ability lies, hold the mirror up to

nature, while I extend the war-cry of my distinguished countrymen,

not asking "justice for Ireland" alone, but "justice for the whole

human race." For the gaoler as for the guardsman, for the steward of

the Holyhead as for him of the household; from the Munster

king-at-arms to the monarch of the Cannibal Island--"_nihil a me

alienum puto_;" from the priest to the plenipotentiary; from Mr.

Arkins to Abd-el-Kader: my sympathy extends to all.

A NUT FOR CORONERS.

[Illustration]

I had nearly attained to man's estate before I understood the nature

of a coroner. I remember, when a child, to have seen a coloured print

from a well-known picture of the day, representing the night-mare. It

was a horrible representation of a goblin shape of hideous aspect,

that sat cowering upon the bosom of a sleeping figure, on whose white

features a look of painful suffering was depicted, while the clenched

hands and drawn-up feet seemed to struggle with convulsive agony.

Heaven knows how or when the thought occurred to me, but I clearly

recollect my impression that this goblin was a coroner. Some confused

notion about sitting on a corpse as one of his attributes had,

doubtless, suggested the idea; and certainly nothing contributed to

increase the horror of suicide in my eyes so much as the reflection,

that the grim demon already mentioned had some function to discharge

on the occasion.

When, after the lapse of years, I heard that the eloquent and gifted

member for Finsbury was a being of this order, although I knew by that

time the injustice of my original prejudices, yet, I confess I could

not look at him in the house, without a thought of my childish

fancies, and an endeavour to trace in his comely features some faint

resemblance to the figure of the night-mare.

This strange impression of my infancy recurred strongly to my mind a

few days since, on reading a newspaper account of a sudden death.--The

case was simply that of a gentleman who, in the bosom of his family,

became suddenly seized with illness, and after a few hours expired.

What was their surprise! what their horror! to find, that no sooner

was the circumstance known, than the house was surrounded by a mob,

policemen were stationed at the doors, and twelve of the great

unwashed, with a coroner at their head, forced their entry into the

house of mourning, to deliberate on the cause of death. I can

perfectly understand the value of this practice in cases where either

suspicion has attached, or where the circumstances of the decease, as

to time and place, would indicate a violent death; but where a person,

surrounded by his children, living in all the quiet enjoyment of an

easy and undisturbed existence, drops off by some one of the ills that

flesh is heir to, only a little more rapidly than his neighbour at

next door, why this should be a case for a coroner and his gang, I

cannot, for the life of me, conceive. In the instance I allude to, the

family offered the fullest information: they explained that the

deceased had been liable for years to an infirmity likely to terminate

in this way. The physician who attended him corroborated the

statement; and, in fact, it was clear the case was one of those almost

every-day occurrences where the thread of life is snapped, not

unravelled. This, however, did not satisfy the coroner, who had, as he

expressed it, a "duty to perform," and, who, certainly had five

guineas for his fee: he was a "medical coroner," too, and therefore he

would examine for himself. Thus, in the midst of the affliction and

bereavement of a desolate family, the frightful detail of an inquest,

with all its attendant train of harrowing and heart-rending inquiries,

is carried on, simply because it is permissible by the law, and the

coroner may enter where the king cannot.

We are taught in the litany to pray against sudden death; but up to

this moment I never knew it was illegal. Dreadful afflictions as

apoplexy and aneurism are, it remained for our present civilisation to

make them punishable by a statute. The march of intellect, not

satisfied with directing us in life, must go a step farther and teach

us how to die. Fashionable diseases the world has been long acquainted

with, but an "illegal inflammation," and a "criminal hemorrhage" have

been reserved for the enlightened age we live in.

Newspapers will no longer inform us, in the habitual phrase, that Mr.

Simpkins died suddenly at his house at Hampstead; but, under the head

of "Shocking outrage," we shall read, "that after a long life of great

respectability and the exhibition of many virtues, this unfortunate

gentleman, it is hoped in a moment of mental alienation, went off with

a disease of the heart. The affliction of his surviving relatives at

this frightful act may be conceived, but cannot be described. His

effects, according to the statute, have been confiscated to the crown,

and a deodand of fifty shillings awarded on the apothecary who

attended him. It is hoped, that the universal execration which attends

cases of this nature may deter others from the same course; and, we

confess, our observations are directed with a painful, but we trust, a

powerful interest to certain elderly gentlemen in the neighbourhood of

Islington." _Verb. sat._

Under these sad circumstances it behoves us to look a little about,

and provide against such a contingency. It is then earnestly

recommended to heads of families, that when registering the birth of a

child, they should also include some probable or possible malady of

which he may, could, would, should, or ought to die, in the course of

time. This will show, by incontestable evidence, that the event was at

least anticipated, and being done at the earliest period of life, no

reproach can possibly lie for want of premeditation. The register

might run thus:--

Giles Tims, son of Thomas and Mary Tims, born on the 9th of June, Kent

street, Southwark--dropsy, typhus, or gout in the stomach.

It by no means follows, that he must wait for one or other of these

maladies to carry him off. Not at all; he may range at will through

the whole practice of physic, and adopt his choice. The registry only

goes to show, that he does not mean to sneak out of the world in any

under-bred way, nor bolt out of life with the abrupt precipitation of

a Frenchman after a dinner party. I have merely thrown out this hint

here as a warning to my many friends, and shall now proceed to other

and more pleasing topics.

A NUT FOR "TOURISTS."

Among the many incongruities of that composite piece of architecture,

called John Bull, there is nothing more striking than the contrast

between his thorough nationality and his unbounded admiration for

foreigners. Now, although we may not entirely sympathize with, we can

understand and appreciate this feature of his character, and see how

he gratifies his very pride itself, in the attentions and civilities

he bestows upon strangers. The feeling is intelligible too, because

Frenchmen, Germans, and even Italians, notwithstanding the many points

of disparity between us, have always certain qualities well worthy of

respect, if not of imitation. France has a great literature, a name

glorious in history, a people abounding in intelligence, skill, and

invention; in fact, all the attributes that make up a great nation.

Germany has many of these, and though she lack the brilliant fancy,

the sparkling wit of her neighbour, has still a compensating fund in

the rich resources of her judgment, and the profound depths of her

scholarship. Indeed, every continental country has its lesson for our

benefit, and we would do well to cultivate the acquaintance of

strangers, not only to disseminate more just views of ourselves and

our institutions, but also for the adoption of such customs as seem

worthy of imitation, and such habits as may suit our condition in

life; while such is the case as regards those countries high in the

scale of civilisation, we would, by no means, extend the rule to

others less happily constituted, less benignly gifted. The Carinthian

boor with his garment of sheep-wool, or the Laplander with his snow

shoes and his hood of deerskin, may be both very natural objects of

curiosity, but by no means subjects of imitation. This point will

doubtless be conceded at once; and now, will any one tell me for what

cause, under what pretence, and with what pretext are we civil to the

Yankees?--not for their politeness, not for their literature, not for

any fascination of their manner, nor any charm of their address, not

for any historic association, not for any halo that the glorious past

has thrown around the common-place monotony of the present, still less

for any romantic curiosity as to their lives and habits--for in this

respect all other savage nations far surpass them. What then is, or

what can be the cause?

Of all the lions that caprice and the whimsical absurdity of a

second-rate set in fashion ever courted and entertained, never had any

one less pretensions to the civility he received than the author of

'Pencillings by the Way'--poor in thought, still poorer in expression,

without a spark of wit, without a gleam of imagination--a fourth-rate

looking man, and a fifth-rate talker, he continued to receive the

homage we were wont to bestow upon a Scott, and even charily extended

to a Dickens. His writings the very slip-slop of "commerage," the

tittle-tattle of a Sunday paper, dressed up in the cant of Kentucky;

the very titles, the contemptible affectation of unredeemed twaddle,

'Pencillings by the Way!' 'Letters from under a Bridge!' Good lack!

how the latter name is suggestive of eaves-dropping and listening; and

how involuntarily we call to mind those chance expressions of his

partners in the dance, or his companions at the table, faithfully

recorded for the edification of the free-born Americans, who, while

they ridicule our institutions, endeavour to pantomime our manners.

For many years past a number of persons have driven a thriving trade

in a singular branch of commerce, no less than buying up cast court

dresses and second-hand uniforms for exportation to the colonies. The

negroes, it is said, are far prouder of figuring in the tattered and

tarnished fragments of former greatness, than of wearing the less

gaudy, but more useful garb, befitting their condition. So it would

seem our trans-Atlantic friends prefer importing through their agents,

for that purpose, the abandoned finery of courtly gossip, to the more

useful but less pretentious apparel, of common-place information. Mr.

Willis was invaluable for this purpose; he told his friends every

thing that he heard, and he heard every thing that he could; and, like

mercy, he enjoyed a duplicate of blessings--for while he was delighted

in by his own countrymen, he was dined by ours. He scattered his

autographs, as Feargus O'Connor did franks; he smiled; he ogled; he

read his own poetry, and went the whole lion with all his might; and

yet, in the midst of this, a rival starts up equally desirous of court

secrets, and fifty times as enterprising in their search; he risks his

liberty, perhaps his life, in the pursuit, and what is his reward? I

need only tell you his name, and you are answered--I mean the boy

Jones; not under a bridge, but under a sofa; not in Almacks, obtaining

it at second-hand, but in Buckingham Palace--into the very apartment

of the Queen--the adventurous youth has dared to insinuate himself. No

lady however sends her album to him for some memento of his genius.

His temple is not defrauded of its curls to grace a locket or a

medallion; and his reward, instead of a supper at Lady Blessington's,

is a voyage to Swan River. For my part, I prefer the boy Jones: I like

his singleness of purpose: I admire his steady perseverance; still,

however, he had the misfortune to be born in England--his father lived

near Wapping, and he was ineligible for a lion.

To what other reason than his English growth can be attributed the

different treatment he has experienced at the hands of the world. The

similarity between the two characters is most striking. Willis had a

craving appetite for court gossip, and the tittle-tattle of a palace:

so had the boy Jones. Willis established himself as a listener in

society: so did the boy Jones. Willis obtruded himself into places,

and among people where he had no possible pretension to be seen: so

did the boy Jones. Willis wrote letters from under a bridge: the boy

Jones eat mutton chops under a sofa.

A NUT FOR LEGAL FUNCTIONARIES.

The pet profession of England is the bar, and I see many reasons why

this should be the case. Our law of primogeniture necessitates the

existence of certain provisions for younger children independently of

the pittance bestowed on them by their families. The army and the

navy, the church and the bar, form then the only avenues to fortune

for the highly born; and one or other of these four roads must be

adopted by him who would carve out his own career. The bar, for

many reasons, is the favourite--at least among those who place

reliance in their intellect. Its estimation is high. It is not

incompatible but actually favourable to the pursuits of parliament.

Its rewards are manifold and great; and while there is a sufficiency

of private ease and personal retirement in its practice, there is also

enough of publicity for the most ambitiously-minded seeker of the

world's applause and the world's admiration. Were we only to look back

upon our history, we should find perhaps that the profession of the

law would include almost two-thirds of our very greatest men. Astute

thinkers, deep politicians, eloquent debaters, profound scholars, men

of wit, as well as men of wisdom, have abounded in its ranks, and

there is every reason why it should be, as I have called it, the pet

profession.

[Illustration: Legal Functionaries.]

Having conceded so much, may I now be permitted to take a nearer view

of those men so highly distinguished: and for this purpose let me turn

my reader's attention to the practice of a criminal trial. The first

duty of a good citizen, it will not be disputed, is, as far as in him

lies, to promote obedience to the law, to repress crime, and bring

outrage to punishment. No walk in life--no professional career--no

uniform of scarlet or of black--no freemasonry of craft or calling can

absolve him from this allegiance to his country. Yet, what do we see?

The wretch stained with crime--polluted with iniquity--for which,

perhaps, the statute-book contains neither name nor indictment--whose

trembling lips are eager to avow that guilt which, by confessing, he

hopes may alleviate the penalty--this man, I say, is checked in his

intentions--he is warned not, by any chance expression, to hazard a

conviction of his crime, and told in the language of the law not to

criminate himself. But the matter stops not here--justice is an

inveterate gambler--she is not satisfied when her antagonist throws

his card upon the table confessing that he has not a trump nor a trick

in his hand--no, like the most accomplished swindler of Baden or

Boulogne, she assumes a smile of easy and courteous benignity, and

says, pooh, pooh! nonsense, my dear friend; you don't know what may

turn up; your cards are better than you think; don't be faint-hearted;

don't you see you have the knave of trumps, _i. e._, the cleverest

lawyer for your defender; a thousand things may happen; I may revoke,

that is, the indictment may break down; there are innumerable chances

in your favour, so pluck up your courage and play the game out.

He takes the advice, and however faint-hearted before, he now assumes

a look of stern courage, or dogged indifference, and resolves to play

for the stake. He remembers, however, that he is no adept in the game,

and he addresses himself in consequence to some astute and subtle

gambler, to whom he commits his cards and his chances. The trepidation

or the indifference that he manifested before, now gradually gives

way; and however hopeless he had deemed his case at first, he now

begins to think that all is not lost. The very way his friend, the

lawyer, shuffles and cuts the cards, imposes on his credulity and

suggests a hope. He sees at once that he is a practised hand, and

almost unconsciously he becomes deeply interested in the changes and

vacillations of the game he believed could have presented but one

aspect of fortune.

But the prisoner is not my object: I turn rather to the lawyer. Here

then do we not see the accomplished gentleman--the finished

scholar--the man of refinement and of learning, of character and

station--standing forth the very embodiment of the individual in the

dock? possessed of all his secrets--animated by the same

hopes--penetrated by the same fears--he endeavours by all the subtle

ingenuity, with which craft and habit have gifted him, to confound the

testimony--to disparage the truth--to pervert the inferences of all

the witnesses. In fact, he employs all the stratagems of his calling,

all the ingenuity of his mind, all the subtlety of his wit for the one

end--that the man he believes in his own heart guilty, may, on the

oaths of twelve honest men, be pronounced innocent.

From the opening of the trial to its close, this mental gladiator is

an object of wonder and dread. Scarcely a quality of the human mind is

not exhibited by him in the brilliant panorama of his intellect. At

first, the patient perusal of a complex and wordy indictment occupies him

exclusively: he then proceeds to cross-examine the witnesses--flattering

this one--brow-beating that--suggesting--insinuating--amplifying, or

retrenching, as the evidence would seem to favour or be adverse to his

client. He is alternately confident and doubtful, headlong and

hesitating--now hurried away on the full tide of his eloquence he

expatiates in beautiful generalities on the glorious institution of

trial by jury, and apostrophizes justice; or now, with broken

utterance and plaintive voice, he supplicates the jury to be patient,

and be careful in the decision they may come to. He implores them to

remember that when they leave that court, and return to the happy

comforts of their home, conscience will follow them, and the

everlasting question crave for answer within them--were they sure of

this man's guilt? He teaches them how fallacious are all human tests;

he magnifies the slightest discrepancy of evidence into a broad and

sweeping contradiction; and while, with a prophetic menace, he

pictures forth the undying remorse that pursues him who sheds innocent

blood, he dismisses them with an affecting picture of mental agony so

great--of suffering so heart-rending, that, as they retire to the

jury-room, there is not a man of the twelve that has not more or less

of a _personal_ interest in the acquittal of the prisoner.

However bad, however depraved the human mind, it still leans to mercy:

the power to dispose of another man's life is generally sufficient for

the most malignant spirit in its thirst for vengeance. What then are

the feelings of twelve calm, and perhaps, benevolent men, at a moment

like this? The last words of the advocate have thrown a new element

into the whole case, for independent of their verdict upon the

prisoner comes now the direct appeal to their own hearts. How will

they feel when they reflect on this hereafter? I do not wish to pursue

this further. It is enough for my present purpose that, by the

ingenuity of the lawyer, criminals have escaped, do escape, and are

escaping, the just sentence on their crimes. What then is the result?

the advocate, who up to this moment has maintained a familiar, even a

friendly, intimacy with his client in the dock, now shrinks from the

very contamination of his look. He cannot bear that the blood-stained

fingers should grasp the hem of his garment, and he turns with a sense

of shame from the expressions of a gratitude that criminate him in his

own heart. However, this is but a passing sensation; he divests

himself of his wig and gown, and overwhelmed with congratulations for

his brilliant success, he springs into his carriage and goes home to

dress for dinner--for on that day he is engaged to the Chancellor, the

Bishop of London, or some other great and revered functionary--the

guardian of the church, or the custodian of conscience.

Now, there is only one thing in all this I would wish to bring

strikingly before the mind of my readers, and that is, that the

lawyer, throughout the entire proceeding, was a free and a willing

agent. There was neither legal nor moral compulsion to urge him on.

No; it was no intrepid defence against the tyranny of a government or

the usurpation of power--it was the assertion of no broad and

immutable principle of truth or justice--it was simply a matter of

legal acumen and persuasive eloquence, to the amount of fifty pounds

sterling.

This being admitted, let me now proceed to consider another

functionary, and observe how far the rule of right is consulted in the

treatment _he_ meets with--I mean the hangman. You start, good reader,

and your gesture of impatience denotes the very proposition I would

come to. I need scarcely remind you, that in our country this

individual has a kind of prerogative of detestation. All other ranks

and conditions of men may find a sympathy, or at least a pity,

somewhere, but for him there is none. No one is sufficiently debased

to be his companion,--no one so low as to be his associate! Like a

being of another sphere, he appears but at some frightful moments of

life, and then only for a few seconds. For the rest he drags on

existence unseen and unheard of, his very name a thing to tremble at.

Yet this man, in the duties of his calling, has neither will nor

choice. The stern agent of the law, he has but one course to follow;

his path, a narrow one, has no turning to the right or to the left,

and, save that his ministry is more proximate, is less accessory to

the death of the criminal than he who signs the warrant for execution.

In fact, he but answers the responses of the law, and in the loud amen

of his calling, he only consummates its recorded assertion. How then

can you reconcile yourself to the fact, that while you overwhelm the

advocate who converts right into wrong and wrong into right, who

shrouds the guilty man, and conceals the murderer, with honour, and

praise, and rank, and riches, and who does this for a brief marked

fifty pounds, yet have nothing but abhorrence and detestation for the

impassive agent whose fee is but one. One can help what he does--the

other cannot. One is an amateur--the other practices in spite of

himself. One employs every energy of his mind and every faculty of his

intellect--the other only devotes the ingenuity of his fingers. One

strains every nerve to let loose a criminal upon the world--the other

but closes the grave over guilt and crime!

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