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He'd rouse him from his lethargy; Wrong had he done the maid, whom he That passion should not be represt,
Loved fondly_but with silent love; Which indolent timidity
He would not, from her rank, that she · Was smothering in his breast.
Should e'en one step remove. For morbid fear had triumph'd long, Wrong had he done her,-yea, the excess And hope had sicken'd in the strife; Of love his judgment had betray'd ; The nioody man had measured wrong, For him, since larger sacrifice The requisites of life.
She would have gladly made: Here now he saw, what bliss intense, Yet he the young attachment check'd, From pure and mutual love was reap'd ; Each smile by unresolve was blightedSaw too, how small a competence
What could the maiden but suspect,
Her passion unrequited ?
It was not so--his inmost soul
The world's opinion held control
O'er him--it holds no more.
The altered notions, as I might, He fancied it would not suffice,
I nursed, till hope rose smiling over(From too fastidious estimate,)
He came, a lone desponding wight;
He went, a blithesome lover.
THE LATE WHIG ATTACKS ON THE LORD) CHANCELLOR.*
Constable is his publisher ; but the The cry which, of late years, the whole pack join in full chorus against Whigs have found it convenient to the venerable Chancellor of England. raise concerning what their impudence It is not my intention to occupy the styles “ the abusiveness of the Tory time of your readers with any needless press," is now completely and satisfac- eulogy of the last named illustrious torily appreciated by the public. Of character. He is so totally above the that I shall, therefore, say nothing creatures that bark at him, that their But look for a moment to themselves. frenzy is a fit subject for laughter, and In each of the three great departments for nothing but laughter. There he of arms, law, and literature, it is in- sits—a man who began the world with disputable that a Tory stands at the no fortune but his education and his head. The Duke of Wellington, Sir talents—with no connexions whatever Walter Scott, and Lord Eldon, are each with no pretence to any sort of exof them a first without a second. The ternal aids—there he sits, self-raised, whole Whig press labours, as a matter and self-sustained, indisputably the of course, to reduce these great men first man in the law of the land-full from this painful pre-eminence. If of years and of honours-a splendid you believe the Edinburgh Review, example of the power of merit-alithe Liberal, Don Juan, and the rest ving witness that there is at least one of them, the Duke of Wellington is a country in the world where merit can mere sergeant-Waterloo was an acci- do everything. dent. The abuse of Sir Walter Scott That such a man should receive the is limited to the inferior 'organs, for compliment of eternal abuse from the this one reason, and no other, that Mr paltry organs of the party to which
Observations on the Judges of the Court of Chancery, and the Practice and Delays complained of in that Court. London. John Murray, Albemarle-Street. 1823.
1823.) The late Whig Attacks on the Lord Chancellor.
209 his existenee is an eternal eye-sore. Is it possible that all this can have this is nothing but what might be ex- originated in a cause so basely selpected. But that such a person as Mr fish and unworthy as that, the influHenry Brougham should condescendence of which the world must be alto join in the yell of such baseness, is lowed to be excusable in detecting indeed a thing to make every one that elsewhere? Is it possible that Mr has any respect for intellect blush. Mr Brougham should have acted from a Brougham is, I see, occasionally sneer- motive so dirty, as his friend Mr Dened at by some of those who write man certainly has done his best to inpolitical articles in your Magazine, as sinuate. Mr Denman, the Common if he did not deserve the intellectual Sergeant of the city of London, says, reputation he possesses. I cannot pay that he, Mr Denman, cannot help asthese gentlemen the compliment of cribing Mr Brougham's want of a silk joining my voice to theirs, quoad hoc. gown to the improper political antiMr Brougham is a man of astonishing pathy of Lord Chancellor Eldon. Mr talents and acquirements; he carries Denman also disapproves of the Chanon his shoulders one of the most vi- cellor's not having given a silk gown gorous heads now in England, or in to his friend Mr Williams. No doubt, the world; he has a massive strength if the Aldermen of London town had of understanding ; he has patience un- not given Mr Denman the office of wearied, and industry inexhaustible; Common Sergeant, Mr Denman would he is, if not an elegant speaker, a most also have abused the Chancellor for powerful declaimer; he is, in short, allowing Mr Denman to wear so palthe only Whig now in Parliament to try a stuff as bombazeen. This cry, whom anything like first-rate talent however, is chaunted and rechaunted and capacity can be ascribed. This is by every Whig and Radical paper in my opinion of Mr Brougham’s intellec- the country; and in the midst of the tual station. I think proper to begin clamour uprises, first, Mr Brougham, with saying so much, to prevent mis- and then that ineffably inferior person takes ;-for my purpose certainly is to Mr Williams, to abuse the Lord Chanabuse him very heartily in the sequel. cellor, where the Lord Chancellor could
Mr Brougham is all I have said; not be present to defend himself-in but he is not all that he thinks him- the House of Commons ! self-far less all that his slavish and Few persons who have been in the doltish admirers, within his own par- habit of attending to parliamentary ty, give him out to be. Among other affairs of late years, will hesitate to defects, he certainly is no great law admit that the licence of parliamentyer. No man of real eminence at the ary abuse, in regard to absent persons, English Bar ever dreamt of saying has been carried to a most alarming that he was. He must, however, be height. Well does the author of this enough of a lawyer to understand pamphlet say, something of the real legal merils of “Scarcely anything is entitled to less crethe first lawyer that has appeared in dit from the public, than parliamentary accuEngland for more than two centuries sations, because the accuser is privileged, and past. He must understand in some can state with impunity whatever tale he degree the extent, the wondertul ex thinks fil, without any eramination into its tent, of Lord Eldon's genius as a law- truth, and he can LIBEL whom he pleases withyer--and he has never hesitated to out personal responsibility. It is a lamentavow his admiration of Lord Eldon's able fact, that these statements are often cirinflexible honesty and candour as a culaied through the country, to the disgrace judge. Having, therefore, that feel of men of honour and integrity, who have not, ing and knowledge of what the man at any time, any fair opportunity afforded really is, which I cannot help think
them of repelling such attacks, however uning it absolutely impossible such a
just or scandalous ; for to publish contradicperson as Mr Brougham can want-I
tions and proof would be ruinous; and in confess, it is to me a matter of very
that place where the accusations are made, the painful observation, that Mr Brougham
accused cannot be heard." has of late condescended to lend his This is indeed the truth, and I have great talents to the support of an at- no hesitation in saying, that if things tack, which even their best exertion go on in the present train for a few cannot save from being every way vile years more, a parliamentary reform of and contemptible.
one kind will be forced down the
throats of our legislators. The mean- ly aware, cannot
anybody, est and most cowardly dog in Enge without, to a considerable extent, deland, forsooth, may abuse you or me parting from the customary etiquette as heartily as he pleases, provided of his station. How far Mr Brougham's only, that he be a member, and we respect for the personal safety of Mr be not members of the House of Com. Brougham may have been gratified in mons! What he says is printed in many of Mr Brougham's late selecevery paper through the island ; and tions of subjects for Mr Brougham's if I tell him that he lies, I am sent abuse, I do not think myself called to Newgate for my pains, because upon to institute any inquiry just at -Oye Gods !--because the liar has present. There can be no doubt that the privilege of Parliament to wrap attacking judges and doctors of divihimself in. Depend on it, this will not nity is very pretty sport in one point do much longer. I know what I should of view-but let that pass. Dr Phildo were the case may own. I should potts has said the thing already, in his send to the member who had abused Letter to the Editor of the Edinburgh me a copy of a newspaper in which his Review; and nobody will gain much abuse was printed, with a red line credit by trying to do better that through the paragraph, so as to call which Dr Philpotts has done well. his eye to the words. If he got up in Adieu, then, to all digressions, and his place that same night, and dis- come we at once to the pamphlet beclaimed, retracted, or apologized, all fore us. I value it, sir, and I value it should be well. If he did not, I should very highly--not certainly for its arwrite no letters, either to newspaper rangement, which is confused, nor for editors, or to him.-I should
its language, which is stiffish, but for
its purpose, which is truly honourable; and I should be sent to Newgate. I for its tone, which is at once modest and know that very well, but I also know, manly; and, above all, for its facts, that no English gentleman would ever which are triumphant, as they regard be sent to Newgate again for any such the Chancellor, and damning, as they cause. I know that one such blow-up regard that clever, that very clever man would put an end to the thing for ever. of brass and bombazeen, the honouraI am heartily sorry that this course was ble and learned Member for Winchelnon pursued'in certain recent instances, sea. It is nothing new to me to see a with which your Scotch readers, in pert barrister jumping at the first opparticular, must be sufficiently famis portunity he has of insulting a Judge liar. I have no hesitation in saying, out of court. One sees that every year that the first man who w a n in that venerable court, the General AsA , a B , or a H , for words sembly of the Kirk of Scotland. When. of slander spoken in the House of ever any learned Lord of Session, who Commons, and not instantly retract- happens to be a member of Assembly, ed there, will be a grext public bene- delivers his opinion upon any subject, factor. He will have the merit, the you are sure to see some raw puggish proper and the immortal merit, of ef. puppy get up on the other side of the fecting the only radical reform that house, and endeavour to pay off the the House of Commons stands in need score of any rebukes or neglects his of. His —
will deserve to be professional conduct and appearance wreathed with myrtle as well as the may have drawn down upon his head sword of Aristogeiton ever did. That elsewhere, since last sitting of the Veone act will be remembered for ever; nerable. I have often witnessed this and the standing toast among all true sort of thing, (especially among the lovers of liberty will be (down, at all Whigs,) and as often wished for a events, to the commencement of the squirt. But certainly, as I have hintmillenium), « The cause, for the sake ed already, it is something quite unof which un tel was
din the expected, to hear of such a man as Mr Lobby.”
Brougham entertaining the House of The preceding dissertation upon a Commons with an attack upon such a subject which is really of the most judge as Lord Eldon ; and, what is best alarming interest, has been attended of all, attacking him in such a state of with a momentary oblivion, not of Mr profound ignorance as to expose him Brougham-but certainly of his late self to such a thrashing as the author abominable procecdings in regard to of this most laudable pamphlet has the Lord Chancellor-a person, who, had the satisfaction of inflicting. as Mr Brougham is perhaps sufficient. As pamphlets never circulate in these
times, the author should at once have “ It is incident to all good laws that as made his paper a contribution to your much and as minute testimony should be Magazine, or the Quarterly Review ; required to sustain a small as a great debut since he has not done this, I mean mand, to prove a title to a cottage, as to to do the next best thing, by skimming prove a title to a nobleman
prove a title to a nobleman's mansion and off the cream of his pamphlet for the
estates. Facts cannot by human ingenuity benefit of you and your readers. In be reduced or arranged according to theimdoing so, I shall probably occupy a
portance of the things to which they relate, good many of your columns, but I am
and suitors often cannot prove facts, which sure you will never think that they
form links in the chain of evidence, withcan be devoted to a more useful pur
out bringing together many witnesses pose. The general reader, however,
from different places, while the most imneed not be alarmed; I shall extract
portant facts are often proved by the pro
duction of a written document or by a nothing but what is amusing, as well as instructive.
single witness. Reforming legislators
cannot reverse, or overcome this order of The two great topics of abuse against the Court of Chancery, were the ex
things, without reducing the certainty of
a court of justice to the level of a gamtriragance of the costs, and “the law's delay.” In regard to the first of these,
these, “ The common law courts of justice, which Mr Brougham, who, by the way, is
passed unnoticed in the late debales, are, in not, nor ever was, an equity lawyer, the trial of causes, more expensive than the bad said in the House of Commons,
Court of Chancery, which was so unjustly that no honest lawyer would ever ad
and so severely attacked, because, on the vise the instituting of an equity suit trial of cominon law cases, at the sittings for the sake of a sum of L.50, or L.100, or the assizes, several hundred witnesses or for any inconsiderable sum. Now, are kept in attendance from day to day, hear the answer ; it is logical and phi and for many days together : while in losophical ; it is like a lawyer, and Chancery suits the precise period at which like an honest man.
each witness may make his deposition, « Nothing can be more silly or unfair can generally be ascertained and regulathan to cast reflections on a judge or ted to suit the convenience of the parties, his court, because, to gain a right of little and to prevent the necessity of witnessvalue, greater expense must be incurred es attending on the examiners or comthan the right is worth: such a case may missioners from day to day, and for many occur in a mere court of conscience of days, as is the case on the trial of suits at the pettiest description. Let it, however, common law. The names of some suits never be forgotten, that these expenses
in Chancery have been given, and their commonly fall on the party against whom
attendant costs set forth; and in the Apa decree is pronounced, and by whom the pendix, No. 1, will be found, indiscrimisuit is rendered necessary
nately selected, two or three suits which « It is impossible to frame a law to pre- were tried at common law, for small devent costs of suit exceeding the value of mands, with the amount of their verdicts, the subject in litigation, where that va
and the differences between the taxed and lue is inconsiderable; because rules of evi the real costs; and these proofs will dence cannot be relaxed or abandoned to the evince, that whatever can be said on the destruction of the principles on which they are subject of costs in our courts of equity, founded, so as to admit of insufficient or im applies with equal force to our common perfect proof, in petty malters, lest by that law courts. But it was deemed improper, muns precedents might be made for deciding
by the chief declaimers in the late debates, to all claims on false, uncertain, or insufficient contrast their own courls, with whose pracaidence. If this was done, we should hare es
tice, it is to be presumed, they were best actablisheil one system of lam for the poor, and quainted, with the practice of the Court of another for the rich. If the law allowed any Chancery.” proof of necessary facts to be dispensed with,
The reader is aware that Brougham, that a parly might at little costs acquire a Denman, and Williains, are all pracputty right, who could calculate in how many titioners in the Common Law Courts, instances false judgments would be given, not in the Courts which they were at. from trusting to insufficient testimony? The tacking as expensive. Remarking this, rights and wrongs of the poor would be always it is pleasant enough to cast one's eye in a state of legal uncertainty, and no poros over the article in the appendix, to fissional man could udvise them uih confi- which the preceding extract points. It denac.
APPENDIX, No. I.
I have subjoined a list of common law causes in the Court of King's Bench, taken in. discriminately, some of which were cases depending on oral testimony; and in such cases as depend on documentary evidence, the plaintiff loses but an inconsiderable sum on taxation of costs ; but his loss fluctuates in all cases according to the number of witnesses required to maintain his cause. From this statement it will appear, that the total amount of the loss upon costs sustained by the plaintiffs, was £160: 19: 7.d., and the total amount of all the debts was L112: 19:11ļd., leaving the plaintiffs out of pocket L47:19 : 8d., over and above what they had to pay for the difference of costs as between attorney and client, the bills made out for taxation being made out as between party and party.
between Bill as Bill asl Debt the Bill as made out allowed. recovered. made out
£ $. d. £. $. d. £ s. d. € S. d. London. Daniel Lack Sir H. Wilson 114 11 8 74 9 2 7 10 92 10 5 5 Laver London , Wm. Hughes John Wilson 117 5 10 98 4 0 31 16 0 19 1 10 Cuppage
Thos. Wigley Rich. Attfield 215 3 7 137 18 7 32 1 5 77 5 0 Pinnegar Essex. · C. Thos. Tower Arth. Clarence 130 7 0 120 90 410 9 18 0 Brader Devon . J. Kingdon James Stone | 40 16 2 57 10 0 10 10 0 3 6 2 Darke Middlesex Geo. Langley Thos. Allerson 35 10 6 34 10 0 11 0 0 1 0 6 w. Copeland Cumberland James Bell Elizab. Pears 58 971 49 15 0 5 5 0 1 8 14 7 Bell & Broderick Middlesex John Boale John Greig | 41 12 4 40 4 31 7 15 9 1 8 1 Rowlinson
753 19 8595 0 0; 112 19 11:160 1979
In abusing the Chancellor, these Whig Barristers were so far “ left to themselves,”as the Presbyterian phrase is, as to draw comparisons between him and the Vice-Chancellor. This was delicate ground for the author of our pamphlet ; but he has trodden it very gracefully.
“ It is my wish to prosecute this inquiry without introducing anything that can be deemed acrimonious or unkind; and notwithstanding I entertain the highest opinion of the present Vice-Chancel. lor as a judge, distinguished by considerable professional attainment, and great acateness of mind, it becomes necessary, in this part of my observations, to state,
that the Lord Chancellor and Vice-Chancellor appear to be sometimes actuated by different views, and a different sense of duty in the decision of causes; and those who have praised the Vice-Chan, cellor for liis dispatch of business, are perhaps not aware of the nature of these dif. ferences.
" It seems to be the practice of the Vice-Chancellor to send to courts of law questions of importance, depending on nice distinctions of law or fact; and frequently where he finds a contradiction in the evidence, or an unsettled and difficult point of law, he sends the question to be decided by a Master, a court of law, or a jury. * He seldom bestows much time in
• "• The existence of the custom ought properly to be tried on an issue at law; but as the parties desire it, let it be referred to the Master, to ascertain whether, by the custom of this manor, a nominee in reversion takes in any, and what cases, beneficially.'
“. I do not sift the affidavits as to the deterioration of the land. It is enough to say, they are sufficiently strong to justify a reference to the Master.'- Maddocki's Reports, pp. 239, 395.
" If this question had originally come before me, I should have obtained the opinion of a court of law upon the question. I shall not do so now, as I entirely concur with Lord Eldon's judgment in the case cited.'
" The Lord Chancellor. It has at all times been the course of proceedings for this Court to take the assistance of a jury, when there is so much of doubt that the Court feels such assistance to be necessary to the right determination of the case. But it has never been the practice to put the parties to the expense of a trial at law, without first having all the evidence read, and the case fully argued, unless the counsel on both sides agrce in stating that such must nece. sarily be the result, if the matter were gone into.
«• The Lord Chancellor was clearly of opinion, that the Court ought to hear the affidavits read, and the arguments on each side, before it sent the party to a jury.' - Buck's Rep. pp. 219, 550, 551."