CHAPTER XV. A FIRST BRIEF

The reader has been already told that Joe Nelligan had achieved a great

success in his first case. A disputed point of law had been raised,

in itself insignificant, but involving in its train a vast variety

of momentous interests. Repton, with an ingenuity all his own, had

contrived to draw the discussion beyond its original limits, that he

might entangle and embarrass the ambitious junior who had dared to

confute him. Nelligan accepted the challenge at once, and after a stormy

discussion of some hours came out the victor. For a while his timid

manner, and an overpowering sense of the great odds against him, seemed

to weigh oppressively on him. The very successes he had won elsewhere

were really so many disparagements to him now, giving promise, as it

were, of his ability. But, despite all these disadvantages, he entered

the lists manfully and courageously.

What a many-sided virtue is this same courage, and how prone is the

world to award its praises unequally for it! We are enthusiastic for the

gallant soldier the earliest in the breach, or the glorious sailor who

first jumps upon the enemy's quarter-deck, and yet we never dream of

investing with heroism him who dares to combat with the most powerful

intellects of debate, or enters the field of argument against minds

stored with vast resources of knowledge, and practised in all the

subtleties of disputation.

It is time, existence is not in the issue; but are there not things a

thousand times dearer than life at peril? Think of him who has gone on

from success to success; whose school triumphs have but heralded the

riper glories of college life; who, rising with each new victory,

is hailed by that dearest and best of all testimonies,--the prideful

enthusiasm of his own age. Fancy him, the victor in every struggle,

who has carried all before him,--the vaunted chief of his

contemporaries,--fancy him beaten and worsted on his first real field of

action. Imagine such a man, with all the prestige of his college fame,

rudely encountered and overcome in the contest of public life, and say

if any death ever equalled the suffering!

Happily, our task has not to record any such failure in the present

case. Young Nelligan sat down amidst the buzzing sound of approving

voices, and received a warm eulogy from the Court on the promise of so

conspicuous an opening. And a proud man was Dan Nelligan on that day!

At any other time how deeply honored had he felt by the distinguished

notice of the great dignitaries who now congratulated him on his son's

success! With what pride had he accepted the polite recognition of Chief

Barons and silk-gowned “leaders”! Now, however, his heart had but room

for one thought,--Joe himself,--his own boy,--the little child as it

were of yesterday, now a man of mark and note, already stamped with the

impress of success in what, to every Irishman's heart at least, is the

first of all professions. The High Sheriff shook old Nelligan's hand in

open court, and said, “It is an honor to our county, Nelligan, to

claim him.” The Judge sent a message that he wished to see him in his

robing-room, and spoke his warm praises of the “admirable speech, as

remarkable for its legal soundness as for its eloquence;” and Repton

overtook him in the street, and, catching his hand, said, “Be proud of

him, sir, for we are all proud of him.”

Mayhap the hope is not a too ambitious one, that some one of those who

may glance over these humble lines may himself have once stood in the

position of Joe Nelligan, in so far as regards the hour of his triumph,

and have felt in his heart the ecstasy of covering with his fame the

“dear head” of a father.

If so, I ask him boldly,--whatever may have been the high rewards of

his later fire, whatever honors may have been showered upon him, however

great his career, and however brilliant its recognitions,--has he ever,

in his proudest moments, tasted such a glorious thrill of delight as

when he has fallen into his father's arms overcome by the happiness that

he has made that father proud of him? Oh, ye who have experienced this

thrill of joy within you, cherish and preserve it. The most glowing

eulogies of eloquence, the most ornate paragraphs of a flattering press,

are sorry things in comparison to it. For ourselves, we had rather have

been Joe Nelligan when, with his father's warm tears dimming his eyes,

he said, “God bless you, my boy!” than have gained all the honors that

even talents like his can command!

He could not bear to absent himself from home that day; and although his

father would gladly have celebrated his triumph by gathering his friends

about him, Joe entreated that they might be alone. And they were so. The

great excitement of the day over, a sense of weariness, almost sadness,

stole over the young man; and while his father continued to relate for

his mother's hearing various little incidents of the trial, he listened

with a half-apathetic dreaminess, as though the theme oppressed him. The

old man dwelt with delight on the flattering attention bestowed by the

Court on Joseph's address, the signs of concurrence vouchsafed from time

to time by the Bench, the approving murmur of the Bar while he spoke,

and then the honest outburst of enthusiasm that shook the very walls as

he concluded. “I tried,” continued Dan Nelligan,--“I tried to force my

way through the crowd, and come and tell you that he had gained the day,

but I couldn't; they were all around me, shaking my hands, patting me on

the shoulders, and saying, as if I did n't know it in my own heart, 'He

'll make you a proud man yet, Mr. Nelligan.'”

“I heard it all, five minutes after it was over,” said Mrs. Nelligan;

“and you 'd never guess who told me.”

“Counsellor Walsh,” cried Nelligan.

“No, indeed; I never seen him.”

“It was Hosey Lynch, then, for I saw him running like mad through the

town, spreading the news everywhere.”

“It was not Hosey,” said she, half contemptuously. “I wish, Joe, you'd

give a guess yourself who told me.”

“Guess, mother,--guess who told you what?” said he, suddenly starting

from some deep meditation.

“Who told me that you won the cause, and beat all the great counsellors

from Dublin.”

“I'm sure, mother, it would be hard for me to say,” said Joseph, smiling

faintly; “some of our kind townsfolk, perhaps. Father Neal, old Peter

Hayes, or--”

“I'll just tell you at once,” broke she in, half irritated at the

suggested source of her information. “It was Miss Mary herself, and no

other.”

“Miss Martin!” exclaimed old Nelligan.

“Miss Mary Martin!” echoed Joe; while a sickly paleness crept over his

features, and his lips trembled as he spoke.

“How came you to see her? Where was she?” asked Nelligan, eagerly.

“I 'll tell you,” replied she, with all the methodical preparation by

which she heralded in the least important communications,--“I 'll tell

you. I was sitting here, working at the window, and wondering when the

trial would be over, for the goose that was for dinner was too near the

fire, and I said to myself--”

“Never mind what you said to yourself,--confound the goose,” broke in

old Dan, fiercely.

“Faith, then, I 'd like to know if you 'd be pleased to eat your dinner

on the cold loin of veal--”

“But Miss Martin, mother,--Miss Martin,” urged Joe, impatiently.

“I'm coming to her, if you'll let me; but when you flurry me and

frighten me, I 'm ready to faint. It was last Candlemas you gave me a

start, Dan, about--what was it, now? Lucky Mason's dog, I believe. No,

it was the chimney took fire--”

“Will you just go back to Miss Martin, if you please,” said old

Nelligan, sternly.

“I wish I knew where I was,--what I was saying last,” said she, in a

tone of deep sorrow and contrition.

“You were going to say how Miss Mary told you all about the trial,

mother,” said Joe, taking her hand kindly within his own.

“Yes, darling; now I remember it all. I was sitting here at the window

hemming them handkerchiefs of yours, and I heard a sharp sound of a

horse coming along quick, and, by the way he cantered, I said to myself,

'I know _you_,' and, sure enough, when I opened the window, there she

was, Miss Mary herself, all dripping with wet, and her hat flattened on

her face, at the door.

“'Don't ask me to get down, Mrs. Nelligan,' said she, 'for I'm in a

great hurry. I have to ride out to Kilkieran with this'--and she showed

me a bottle she had in the pocket of her saddle. 'I only called to tell

you that your son has gained another--' What was it she called it?--a

victory, or a battle,--no, it was something else--”

“Never mind--go on,” cried Joe; “and then?”

“'But, my dear Miss Mary,' says I, 'you 're wet through and through.

It's more than your life's worth to go off now another ten miles. I'll

send our gossoon, Mickey Slater, with the medicine, if you 'll just come

in and stay with us.' I did n't say to dinner, for I was ashamed to ask

her to that.

“'I should be delighted, Mrs. Nelligan,' said she, 'but it is impossible

to-day. I 'd have stayed and asked you for my dinner,'--her very

words,--'asked you for my dinner, but I have promised poor Mat Landy to

go back to him. But perhaps it is as well as it is; and my aunt Dorothy

might say, if she heard of it, that it was a strange choice I had made

of a festive occasion,--the day on which we were beaten, and the society

of him that worsted us.'

“'Oh, but, Miss Mary,' says I, 'sure you don't think the worse of poor

Joe--'

“'I never thought more highly of him, my dear Mrs. Nelligan,' said

she, 'than at this moment; and, whatever others may say or think, I'll

maintain my opinion, that he is a credit to us all. Good-bye! good-bye!'

and then she turned short round, and said, 'I can't answer for how

my uncle may feel about what has occurred to-day, but you know _my_

sentiments. Farewell!' And with that she was off; indeed, before I had

time to shut down the window, she was out of sight and away.”

“She ought to know, and she will know, that Joe never said one hard

thing of her family. And though he had in his brief enough to tempt him

to bring the Martins up for judgment, not a word, not a syllable did he

utter.” This old Nelligan spoke with a proud consciousness of his son's

honorable conduct.

“Good heavens!” exclaimed Joe, “is it not enough that a man sells his

intellect, pawns his capacity, and makes traffic of his brains, without

being called on to market his very nature, and set up his very emotions

for sale? If my calling demands this at my hands, I have done with

it,--I renounce it.”

“But I said you refrained, Joe. I remarked that you would not suffer the

heat of discussion to draw you into an angry attack--”

“And you praise me for it!” broke in Joe, passionately. “You deem it an

occasion to compliment me, that, in defending the cause of a worthless

debauchee, I did not seize with avidity the happy moment to assail

an honorable gentleman; and not alone you, but a dozen others,

congratulated me on this reserve,--this constraint,--as though the

lawyer were but a bravo, and, his stiletto once paid for, he must

produce the body of his victim. I regard my profession in another and

a higher light; but if even its practice were the noblest that could

engage human faculties, and its rewards the highest that could crown

them, I'd quit it tomorrow, were its price to be the sacrifice of an

honorable self-esteem and the regard of--of those we care for.” And in

the difficult utterance of the last words his cheek became crimson, and

his lip trembled.

“I 'll tell you what you 'll do, Joe,” said his mother, whose kindness

was not invariably distinguished by tact,--“just come over with _me_

to-morrow to Cro' Martin. I 'm going to get slips of the oak-leaf

geranium and the dwarf rose, and we 'll just go together in a friendly

way, and when we 're there you 'll have some opportunity or other to

tell Miss Mary that it wasn't your fault for being against them.”

“He 'll do no such thing,” broke in Nelligan, fiercely. “Miss Mary

Martin wants no apologies,--her family have no right to any. Joe is a

member of a high and powerful profession. If he does n't fill as great a

place now, who knows where he 'll not be this day fifteen years, eh, my

boy? Maybe I 'll not be here to see,--indeed, it's more than likely I

'll not,--but I know it now. I feel as sure of it as I do that my name

's Dan.”

“And if you are not to see it, father,” said Joe, as he pressed his

father's hand between both his own,--“you and my dearest mother,--the

prize will be nigh valueless. If I cannot, when my reward is won, come

home,--to such a home as this,--the victory will be too late.” And so

saying he rose abruptly, and hurried from the room. The moment after he

had locked his door, and, flinging himself upon his bed, buried his face

between his hands.

With all the proud sensations of having achieved a great success, his

heart was heavily oppressed. It seemed to him as though Destiny had

decreed that his duty should ever place him in antagonism to his

affections. Up to a short period before this trial came on he had

frequently been in Miss Martin's company. Now, it was some trifling

message for his mother; now, some book he had himself promised to

fetch her; then visits to the sick--and Joe, latterly, had taken a most

benevolent turn--had constantly brought them together; and often, when

Mary was on foot, Joe had accompanied her to the gates of the demesne.

In these meetings one subject usually occupied them,--the sad condition

of the country, the destitution of the poor,--and on this theme their

sympathies and hopes and fears all agreed. It was not only that they

concurred in their views of the national character, but that they

attributed its traits of good or evil to the very same causes; and while

Nelligan was amazed at finding the daughter of a proud house deeply

conversant with the daily life of the humblest peasant, she, too,

was astonished how sincere in his respect for rank, how loyal in

his devotion to the claims of blood, was one whose birth might have

proclaimed him a democrat and a destroyer.

These daily discussions led them closer and closer to each other, till

at length confidences grew up between them, and Mary owned to many of

the difficulties that her lone and solitary station exposed her to.

Many things were done on the property without--some in direct opposition

to--her concurrence. As she once said herself, “We are so ready to

satisfy our consciences by assuming that whatever we may do legally

we have a right to do morally, and at the same time, in the actual

condition of Ireland, what is just may be practically the very heaviest

of all hardships.” This observation was made with reference to some law

proceedings of Scanlan's instituting, and the day after she chanced to

make it Joe started for Dublin. It was there that Magennis's attorney

had sent him the brief in that cause,--a charge which the etiquette of

his profession precluded his declining.

In what way he discharged the trust we have seen,--what sorrow it cost

him is more than we can describe. “Miss Martin,” thought he, “would know

nothing of the rules which prescribe our practice, and will look upon my

conduct here as a treason. For weeks long she has conversed with me in

candor over the state of the county and its people; we separate for a

few days, and she finds me arrayed with others against the interests of

her family, and actually paid to employ against her the very knowledge

she has imparted to me! What a career have I chosen,” cried he, in his

agony, “if every success is to be purchased at such a price!” With such

men as Magennis he had nothing in common; their society, their habits,

their opinions were all distasteful to him, and yet it was for him and

his he was to sacrifice the dearest hope of his heart,--to lose the good

esteem of one whose praise he had accounted more costly than the highest

distinction a sovereign could bestow on him. “And what a false position

mine!” cried he again. “Associated by the very closest ties with a party

not one of whose objects have my sympathies, I see myself separated by

blood, birth, and station from all that I venerate and respect. I must

either be a traitor to my own or to myself; declare my enmity to all I

think most highly of, or suffer my motives to be impugned and my fame

tarnished.”

There was, indeed, one circumstance in this transaction which displeased

him greatly, and of which he was only aware when too late. The Magennis

defence had been “got up” by a subscription,--a fund to which Joseph's

own father had contributed. Amongst the machinery of attack upon the

landed gentry, Father Neal Rafferty had suggested the expediency

of “putting them on their titles” in cases the most trivial and

insignificant. Forfeiture and confiscation had followed each other so

frequently in Irish history,--grants and revocations were so mixed

up together,--some attested in all formality, others irregular and

imperfect,--that it was currently believed there was scarcely one single

estate of the whole province could establish a clear and indisputable

title. The project was, therefore, a bold one which, while disturbing

the rights of property, should also bring under discussion so many vexed

questions of English rule and tyranny over the Irish. Libraries and

cabinets were ransacked for ancient maps of the counties; and old

records were consulted to ascertain how far the original conditions of

service, and so forth, had been complied with on which these estates

were held.

Joseph had frequently carried home books from the library of Cro'

Martin, rare and curious volumes, which bore upon the ancient history of

the country. And now there crossed him the horrible suspicion that the

whole scheme of this attack might be laid to his charge, the information

to substantiate which he had thus surreptitiously-obtained. It was clear

enough, from what his mother had said, that such was not Miss Martin's

present impression; but who could say what representations might be made

to her, and what change effected in her sentiments? “And this,” cried

he, in indignation--“and this is the great career I used to long

for!--this the broad highway I once fancied was to lead me to honor

and distinction! Or is it, after all, my own fault, for endeavoring

to reconcile two-things which never can have any agreement,--an humble

origin and high aspirings? Were I an Englishman, the difficulty would

not be impassable; but here, in Ireland, the brand of a lowly fortune

and a despised race is upon me. Can I--dare I resist it?”

A long and arduous conflict was that in which he passed the night,--now

inclining to abandon his profession forever, now to leave Ireland

and join the English or some Colonial Bar; and at length, as day was

breaking, and as though the fresh morning air which now blew upon him

from his open window had given fresh energy to his nature, he determined

he would persist in his career in his own country. “_My_ fate shall be

an example or a warning!” cried he. “They who come after me shall know

whether there be rewards within reach of honest toil and steady industry

without the contamination of a mock patriotism! If I _do_ rise, it shall

be from no aid derived from a party or a faction; and if I fail, I bring

no discredit upon 'my order.'”

There are men who can so discipline their minds that they have but to

establish a law to their actions to make their whole lives “a system.”

Such individuals the Germans not inaptly call “self-contained men,” and

of these was Joe Nelligan one.

A certain concentration of his faculties, and the fatigues of a whole

night passed thus in thought, gave a careworn, exhausted look to his

features as he entered the room where Repton sat awaiting him for

breakfast.

“I see what's the matter with you,” said the old lawyer, as he entered.

“You have passed the night after a 'first brief.' This day ten years

you'll speak five hours before the Lords 'in error,' and never lose a

wink of sleep after it's over!”

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