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dom," continued he, passing his hand over his to impart pleasure to none save the two eunuchs, clammy brow, " for I must conquer such sensa- Bigthan and Teresh. The king who kept an untions and carry myself as befits a lord of Persia." observed watch upon them saw them frequently

The king now filling a cup with sparkling wine, exchange glances with each other and convey a turned to Haman and said aloud, “ My well be- significant meaning by sundry nods and winks. loved and trusty Haman, a health to the queen.” The day rolled on and evening had already set in

With a bow of low humility, the confounded when the king, who had cautiously taken but little courtier in vain summoning courage to his aid, wine, rising up from the table, invited the lords and raised the goblet in a trembling hand to his lips, principal men in Persia to go along with him and upsetting half the wine upon his bosum as he did view the new decorations in the private chambers it

, and with a quivering voice said, “ Healih, hap- of the palace. A throng of Persian nobility quickpiness and dominion to Persia's great queen-lhe ly gathered about their sovereign, and marshalled mistress of the world."

by the guilty chamberlains, entered the lofty and " You seem unwell, my friend,” said the king, magnificent ante-rooms with loud exclamations of regarding with sympathy Haman's pale counte- wonder and admiration. No king, they averred, nance and troubled manner.

before the great Artaxerxes had ever been sur. “A mere faintiness, great sovereign, to which I rounded by splendor so truly royal and superb. am sometimes subject," replied Haman. “ It will The king, whose experience and good sense had soon pass away."

taught him righily to estimate the hollow and des“ Draw near,” continued the king.

picable adulation of timeserving courtiers, heeded Haman obeyed more in the manner of a crimi- not their fattery, but keeping a frequent observanal than an honored guest.

lion opon the unsuspecting chamberlains, said lo Esther, our heauteous queen," said he, “ this his attendantsis our well beloved servant, Haman--the nearest “Our kinsman, Megabysus, whose absence we to our person and the most esteemed. He is a greatly regret, has forwarded to Sirsa certain splensure and steadfast pillar to our throne, and it is our did ornaments for our acceptance, which have been pleasure that he be the highest in your favor next added to the decorations of the royal bed-chamber. to the king."

These we also invite you to behold." At this unexpected mark of distinction from the The chamberlains suddenly grew as pale as marking and the security it promised, Haman's coun-ble, but trembling led the way. In the royal bedtenance suddenly brightened up and his fears dis- chamber they were now assembled and stood gasolved like mist before the bright rays of the sun.zing with unfeigned amazement on its beautiful emHe was now fully himself again, and exolting in bellishments of statues, vases, golden couches, all the full ecstasy of self-satisfied ambition, he with glittering and sparkling with precious stones-of a graceful obeisance and profuse acknowledgments the gorgeous bridal-bed, on a frame of solid gold, to the royal pair, bowed before them and kissing studded with diamonds, and with coverlets of the the hems of their garments, retired to his place. most costly and beautiful stuffs, worked in flowers The king was not yet satisfied with the honor done of silver and gold. The vaul:ed ceiling seemed a his favorite, but raising his voice to the assembled firmament of brilliants, casting their twinkling crowd, he proclaimed that all the subjects of his lights upon the objects below; and to add to the realm should bow down before Haman and do him sense of pleasure, the sweetest odors, rising in reverence. Haman's cup of joy was now nearly curling spires from censers of burning perfumes, filled, and his proud heart exulted with insuppressi- filled the whole palace. A second time did the ble delight. The feast that had just been to him courtier throng pour forth their flattery into a list80 tasteless and insipid, seemed now a banquet less ear. The king's allenrion was fixed upon two spread for gods, and his quick and joyous eye canght of the statues which had, like the rest, been decthemes for pleasure every where. Thus proving orated in the Persian costume, surmounted by long that our joys or our sorrows are more the offspring flowing robes. Turning at length to several of the of the mind than of external objects. But in the guards, he said, with well feigned pleasantry: “Memind of Haman there was no abiding place for thinks the robes of those dumb worthies," pointpeace, because no well regulated constraint over ing to the statues, "give them rather the attitude evil impulses-no subjugation of headlong and of hunchbacks, than of Grecian models, and since criminal passions. The joy he felt was but the they cannot speak to make their grievance known, momentary delirium of gratified ambition pansing do adjust them with something more of grace." for awhile on the lattering height already sur

The iwo chamberlains exchanged looks of conmnounied, to be driven on by the burning and con- sternation, but neither had the presence of mind to suming lust of power to struggle for a higher and attempt a prevention of the dreadful discovery. yet higher position till no heights should appear The guards obeyed and raising the robes of the above him. His sudden exaltation, however, was statues, recoiled with a cry of horror. heard in silence by the king's subjects and seemed " What?" asked the king with a smile, " has the

Vol. XIII-77

marble, inspired with Grecian hatred, resisted the try of the whole transaction to be made in his touch of a Persian ?"

presence. " Treason, great king !" exclaimed the guard,

[ To be Concluded in next No.] seizing on the trembling assassins and drawing thein from beneath the flowing robes. Astonishment and alarm filled the countenances of all except the king, who stood calm and collected amidst the gaping crowd.

“How is this my friends ?" asked he, turning THE DEATH OF ARNOLD WINKELREID. to Bigthan and Teresh. “ Know you the countepances of these bold intruders ?"

Editor of Messenger, Dear Sir : Both, with horrid imprecations on their heads, You published a poem of mine called " The Mountains" protested their innocence.

about a year ago. The same poem bas since appeared in a "Wretches," said the king, " add not perjury to volume of my pieces published by Messrs. Carey & Hart. the crime of regicide-seize and search them.”

Notwithstanding the deliberation which might be supposed The guards instantly searching the guilty culo be a serious fault in the poem. The story of ihe death of

to attend these acts of publishing. I find what I consider to prits, drew from their pockets letters purport that mountain hero, Arnold Winkelrend, is told in so vague ing to be written by certain Jews 10 Mordecai, and general a manner, that the reader must know it already urging him to murder the king, whose reign cer- from other sources to be able to understand my verses. i lain prophets they informed him had foretold would have taken the trouble to correct this fault, and send you

the added stanzas, with so much of what goes before, as is be disastrous to the Jews.

necessary to a right understanding of them. The verses “ Thus it shall happen to every trajtor who may sent are, you will perceive, only a small portion of the rise against the person and ihrone of Artaxerses,"original poem, but they are detached, and complete enough said the king. “Know, wretches, when too late, to be published to themselves as “The Deaib of Arnold

Winkelreid." that we carry a charmed life. The walls eren

Yours truly,

P. P. COOEE. will whisper the plots of treason in our ears. Not

Sept. 4, 1847. satisfied with abetting one abortive conspiracy against our throne, you must needs head a second ;

Right hardy are the men, I trow, but see your guilty practices rebound at length upon

Who build upon the mountain's brow, your own heads. Take them hence,” continued he

And love the gun, and scorn the plough. to the guards, “and wring from them by torture the name of the slave they idly thought 10 place upon Not such soft pleasures pamper these our throne, then throw them in the tower of ashes." As lull the subtil Bengalese,

The criminals and their instruments, mute and Or islanders of Indian seas. confounded, were led to the dreadful tower and as they entered it, Bigthan said, with a shuddering A rugged hand to cast their seedhorror lo his no less terrified associate> This A rifle for the red deer's speedcomes of defying the God of the Jews; for none

With these their swarming huis they feed. may do it and live." “The Jew-that accursed Jew, Mordecai”

Such men are freedom's body guard ; replied Teresh, grinding his teeth.

On their high rocks, so cold, and hard,

“ He has been a spy upon us. Let Haman look to himself, yet

They keep her surest watch and ward. we will bear all they can inflict rather than betray

Of such was William Tell, whose bow him, and thus cut off all future prospect of re Hurtled its shafts so long ago, venge.

At red Morgarten's overthrow. "All Persia cannot ward off the blow already uplifted against him, even in the midst of all his Of such was Arnold Winkelreid greatness," persisted Bigthan firmly; · He has Who saved his fatherland at need, cursed and defied the God of the Jews, and sworn And won, in death, heroic meed. lo pursue His people with vengeance. Therefore, he will fall in despite of all his cunoing.”

That deed will live a thousand years ! Their conference was bere broken off, when be

Young Arnold with his Switzer peers, ing questioned as to the names of other conspira

Fronted a hedge of Austrian spears. tors and refusing to answer, they were put to the

No mountain sword might pierce that hedge, most excruciating torture, but persisting in their

But Arnold formed the Bernese wedgeobstinacy to the last, they were plunged, when life

Himself, unarmed, its trusty edge. was almost extinct, into the abyss of ashes and quickly smothered. The king, in commemoration His naked arms he opened wide, of Mordecai's fidelity, commanded the book of the A greal thought filled his eyes with pride, chronicles of Persia to be brought and formal en Make way for Liberty," he cried.

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BY THE EDITOR.

And bounding at a runner's pace,

the colony, lawyers had become quite a pestiserous He met his foemen face to face,

set; and in little more than twenty years after the And swept five spears in his embrace. establishment of the Assembly, stringent laws were

enacted against them. From this period, they He sheathed them in his breast and side,

were objects of repeated legislation, alternating And dragged them to the earih-and died,

between severity and favor, restriction and priviMaking a gap five spearmen wide.

lege, or abolishing the profession altogether. A moment's pause for gallant wonder!

At first there was very little use for such a class Then crashing like the Ural thunder

in the colony. According 10 the Royal Instructions When mountain crags are rent asunder

accompanying the Charter in 1607, all matters,

civil and criminal, were to be adjudged by the Over their hero, stormily,

President and Council, except that capital offences Broke the brave sons of Liberty

were to be tried by a jury. The President might And Switzerland again was free.

reprieve a convict, but the King alone could pardon, Judicial proceedings were to be “made and done summarily and verbally without writing, until it come to the judgment or sentence," which was to be“ briefly and summarily registered into a book to

be kept for that purpose." THE LEGAL PROFESSION.

Lands were to pass and descend according to

the laws of Eugland; but as yet, there was no LAWYERS AND LAWYERS' FEES IN THE OLD DO- separate property in land ; and for five years they MINION.”

were to “trade together all in one stocke, or divideably, but in two or three stocks at the most.”

But matters arising even under these regulations, “ Hail, sacred Polity, by Freedom reared!

might have sometimes called for the intervention of Hail, sicred Freedom, when by Law restrained !"

counsel; and probably it was not very long before

some one was allowed to appear somewhat in that The following article first appeared in the “New York character. Legal Observer," (a valuable journal edited by Samuel Owen, Esq.) together with the one which has already been sequent charters of 1609 and 1611. But owing to

All these regulations were unaltered by the subrepublished in the Messenger, upon the Legal Profession and its Conservative character. At first, we were afraid the character and situation of the colonists, to that these did not possess sufficient general interest for the whom considerable accessions, of none the purest pages of the Messenger; but as they contain matters cal materials, were made from time to time, much turculated to gratisy curiosity and as many of our patrons are bulence and discontent arose, which called loudly in the ranks of the Legal Profession, we have determined for a remedy. Accordingly a very arbitrary milito ask the indulgence of our readers to the republication of the whole.

tary code adopted from the low countries in Eu

rope, which had long been in a state of confusion We think we read some time since, in some and war, was sent over in 1611, by Sir Thomas History of Virginia, that at one time lawyers' fees Smith, Treasurer of the London Company. This in the “ Old Dominion” became so exorbilant that code was impartially and beneficially enforced, by great discontent arose among the people, and they Sir Thomas Dale and Sir Thomas Gates; but with actually sent a deputation to the mother country a high hand by Capt. Argall. to obtain a redress of these grievances. In look The community of goods naturally produced ing cursorily to verify this impression, we have not idleness and improvidence, and destroyed all indifound the particular passage referred to ; but there vidual enterprise ; so that io 1613, when the five is in our ancient laws much “curious learning” in years had elapsed, Sir Thomas Gates instituted relation 10 lawyers and their fees, which tends to separate property and interests among the colonists, confirm it, and which we hope will prove not less which gave a new impulse to their exertions. From interesting to others than it has to ourselves. this period there was necessarily a large increase

When or how lawyers were first introduced into of the subjects of litigation, which no doubt conVirginia, I am not accurately informed. They tributed to produce a class of lawyers. Perhaps would, however, naturally spring up from the adventurous spirits, like some of those now in the people as soon as there was a demand for their camp in Mexico, not very full of briefs at home, services. No doubt, loo, certaia “limbs of the had deserted the " Inns of Court" for the wilds of law” were early transplanted in our soil from Virginia, and now rejoiced in the opportunity of England. Bacon was quite fresh from the “Inns adding a little professional employment to the few of Court," when he headed the “ rebellion," in other resources which the state of the country then 1676; but many must have preceded him. Cer- opened to them. tain it is, that pot thirty years after the settlement of Mr. Burk says, that in 1621, an important change

1

took place in the administration of justice. Theja countie court, and 1000 lb. of tobaccoe in the court held at Jamestown caused great inconve. quarter court,

Provided this act por nience to suitors, from the distance at which some any penalty therein expressed extend to such who of the council lived, and the consequent irregulari- shall be made special attorneys within the collony, ty and uncertainty of their attendance ; and four or to such who shall have letters of procuration regular quarlerly terms, of a week each, were now out of England.” instituted at that place. *

The provisions of this law partly disclose the Previous to this, the first Assembly had met in character of the legal profession at this period. 1619, though there is some uncertainty as to the In the opinion of the assembly, their extortions exact manner in which it was established. As soon called for a stronger blow; for about three early as March, 1623—4, they passed a law crea- years after, (Nov. 1645,) they opened upon them ting monthly couris, in various places, held by what the following battery :were called Commissioners, “ for the decyding of “Whereas many troublesome soils are multiplied suits and controversies not exceeding the value of by the unskilfulness and covetousness of attorone hundred pounds of Tobacco, and for punish- neys, who have more intended their own profit and ing of pelty offences." +

their inordinate lucre than the good and benefit of Thus having the courts, I shall pursue their his-their clients : Be it therefore enacted, That all tory no farther, but turn to the lawyers.

mercenary attorneys be wholly expelled from such Of course, where civilization had made these ad- office, except such suits as they have already onvances lawyers must have arisen, for “where the dertaken, and are now depending, and in case any carcass is, there will the eagles be gathered ;" but person or persons shall offend contrary to this act, an end is soon put to all conjecture in regard 10 to be fined at the discretion of the court.” † This them. It is not improbable that some prior legis- law, perhaps, only amused some of those whom it lation was had upon the subject ; but in 1642—3, so bitterly denounced; for it would be difficult to (181h Charles I., when Edward Littleton was enforce it. It is not clear whether the punishments, “Lord Keeper” of the Great Seal of England ;) of expulsion and being fined at the discretion of we have this pungent and stringent law :

the court, were both to be inflicted; or whether Be it also enacted, for the better regulation of the one was to be in lieu of the other. attorneys and i'ne great fees exacted by them, that Al the same session, the law of 1643, for "liit shall not be lawfull for any attorney to plead censing attorneys," was repealed, whilst this, excauses on behalfe of another without license or pelling the mercenary ones, was kept in full force permission first had and obtained from the court and power. I How the ranks of the profession where he pleadeth, Neither shall it be lawfull for were filled up now, does not appear. Probably any attorney to have license from more courts than like those of our medical profession, which any from the quarter court and one county court, and one can enter without license or diploma at the that they likewise be sworne in the said courts present iime. And some may have come over where they are so licensed,” &c. It might be who had been admitted to the bar in England. well for the profession, were they at least to In October, 1646, it was enacted, “ ffor the bet. impose upon themselves greater restriction, in the ter prevention of all corruption, partiality and innumber of courts in which they practise. The justice,” that no commissioner, magistrale, clerk or multitude of courts in Virginia, the inadequate sal other officer should plead in his own court, for any aries of the judges, and the number of tribunals person residing in the colony; \ which wholesome before which the same counsel appear, tend to de regulation is in force at this day. preciate both the bench and bar, without at all ex As if the inercenary attorneys required still more pediting or promoting the ends of justice. signal vengeance, the next year (1647) it was added

The above law also provides, that no attorney that they should not receive" any recompence, shall, “either by gift or love, directly or indirectly, directly or indirectly :" and no attorneys in private take a larger fee than 20 lbs. of Tobacco, or its causes were allowed; but if the courts perceived value, in the county court, and 50 lhs. in the quar- that any weak party was likely to lose his cause, ter court, under the penalty of 500 lbs. of Tobac- they were to open the case for him, “or appoint co, in the former case ; and of 2,000 lbs. in the some fit man out of the people to plead the cause, latter, one “moyety" to the king and the other to and allow him satisfaction requisite. II" the informer," whether client, adverse party, or So that now the legal profession was abolished any person whatsoever;" “ And it is further thought in all private causes in court, and we can imagine filt, that no attorney licensed as aforsaid shall re the result. Of course the dispositions of men did fuse to be entertayned in any cause as aforesaid, provided he be not entertayned by the adverse * Hening's Va. Statutes at Large, i, 275–6. party, uppon forfeiture of 250 lb. of tobacco in

+ Hening, i. 302.

Hening, i. 313. * Burk's Hist. Va. i. 222-3, and 231.

9 Hening, i. 330. + Hening's Slat. at Large, i. 125, and 145, note.

!! Hening, i, 319.

not change and the subjects of controversy did not lowing act :-" Whereas there doth much charge cease; and the courts must still have been resorted and trouble arise by the admittance of attorneys to by litigants. Some plead their own causes and lawyers through pleading of causes thereby to and were necessarily stimulated by self-interest, as maintain suites in lawe, to the greate prejudice their counsel would have been; and probably their and charge of the inhabitants of this collony, for undigested discourses were often no small inflic. prevention thereof, be it enacted by the authoritie tion. Many “weak parties" no doubt suffered the of this present grand assembly, that no person loss of clear rights ; the members of the courts find- shall plead any cause, or give legal advice for a ing that it was not so easy to open their cases for fee, or any kind of reward under the penalty of five them.

thousand pounds of tobacco for every offence; and Yet these evils and inconveniences were slow because the breakers of the law through their subin developing themselves, and this very demo- tillity could not easily bee discerned,” it was encratic system continued for the space of nine years; acted that either plaintiff or defendant might make when in the 7th year of the commonwealth under any one who had acted as his counsel, purge himCromwell, (1656) it was superseded as follows : self upon oath. *

“ This assembly finding many inconveniences in In 1661, it was again enacted that no officer the act prohibiting mercenary altornies, doe therefore should practise law in his own court, except in behereby enact, and be it by these presents enacted, half of the poor, or unless he were attorney for that that act, and all other acts against mercenary some non-resident who might call him to an acattorneys to bee totally repealed ;” The governor count. † and council were to appoint fit and able persons, attor Absolute free trade in law being thus established, neys, in the quarter courts; and the commission " the land had rest” from the offending attorneys ers, in the county courts; these attorneys were to for the space of twenty-three years. But all the take a prescribed oath, and if any controversy arose evils and inconveniences in legal proceedings were with their clients about their fees, the respective not yet eradicaied ; for in 1680. (32 Charles II., courts were to decide, “Provided allwaies that when Heneage Finch, Earl of Nottingham, “the those only be called councellors at law, who have Father of Equity," was Lord Chancellor of Engallreadie been qualified thereunto by the lawes of land,) in this game of legislative “ see-saw” beEngland, and those so qualified to enjoy all the tween the people and the lawyers, it was the lawprivileges those lawes give them."

yers' turn to go up again. It was now discovered From this, we perceive that the bar was once that by ejecting lawyers with fees, a class of busymore put on a separate and honorable footing; and bodies without sense had been called forth, and the for it, the times of the commonwealth were more following enactment was the consequence :royal than those of Charles I. had been. But alas! “ Whereas all courts in this country are many for poor human nature ; in less than two years the 'ymes hindered and troubled in their judiciall pro. old spirit of extortion and selfishness seems to have ceedings by the impertinent discourses of many re-appeared and had again to be exorcised by the busy and ignorant men who will pretend to assist power of the legislature. In the assembly it was their friend in his business and to cleare the mat. first “ Proposed, Whether a regulation, or lotallier more plainly to the court, although never deejection of lawyers ?” As if in despair of regu- sired or requested thereunto by the person whome lating so mercenary and crafty a set, it was “ Re- they pretended to assisi, and many iymes to the solved, By the first vote, An ejection." Here- destruction of his cause, and the greate trouble and upon, even at that early day, arose a constitutional hindrance of the court; for the prevention whereof question, and rather strangely, too, started by the in future (here note the style,) Bee it enacted by governor and council, who, their sympathies being the Kings most excellent Majestie, by and with the in favor of the lawyers, replied to the " ouse's consent of the generall assembley, and it is hereby Message," that they would “consent to this prop- enacted by the authorily aforesaid,” that no perosition so farr as it shall be agreeable to Magna son shall practise as an attorney, without being liCharta." Signed by “Wm. CLAIBORNE, 23 Martii censed thereto by the Governor, under the penalty 1657—(8.)” It was then deliberated whether any of 2000 lbs. of tobacco, for every offence in the answer should be returned to this, and an answer be- general court; and of 600, in the inferior courts : ing resolved on, the House sent word that they had For every case in the general court, the fee was considered Magna Charta, and could " not discov- fixed at 500 lbs. of tobacco and caske: $ and in er any prohibition contained therein" of the ejec- the county courts, at 150 lbs. and caske ; which tion of lawyers; and that the right of legislating

* Hening, i. 482—3, on the subject had been repeatedly exercised. t

+ Hening, ii. 81. All which they proceeded to exemplify by the fol

# Hening, ii. 478.

By parity of reasoning, since money has taken the * Hening, i. 419.

place of its old substitute, tobacco, the lawyer should be † Hening, i. 495-6.

entitled to a purse as a substitute for ļbe "caske,"

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