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CLIENT AND NONE OTHER.
mean ever to show the face of those symbols by power with which the testimony of Mawhich Justice is known to your country, with-jocchi, the “non mi ricordo,” Majocchiout making them stand an eternal condemnation of Demont, “ the Machiavel of waiting, of yourselves
, I call upon you instantly to dis- maids”-of Cucchi, with “ that unmatched miss this case, and for this single reason; and I will say not another word upon this subject."
physiognomy, those gloating eyes, that sniffing nose, that lecherous mouth”—of
Sacchi, and of Kress, and indeed of all the tered his well-known description of the witnesses for the bill
, was sifted, anato. duties of an advocate.
mized, and destroyed. We will quote the
peroration of the speech, and chiefly for “I once before took occasion to remind
the purpose of calling attention to the ris
your Lordships-which was unnecessary, but there ing climax at the beginning. are many whom it may be necessary to remind —that an advocate, by the sacred duty which “Such, my Lords, is the case now before you ! he owes to his client, knows in the discharging Such is the evidence in support of this measure that office but one person in the world, that evidence inadequate to prove a debt-impo
To save that client by tent to deprive of a civil right-ridiculous to all expedient means—to protect that client at all convict of the lowest offense-scandalous if hazards and costs to all others, and among others brought forward to support a charge of the highto himself—is the highest and most unquestioned est nature which the law knows-monstrous to of his duties; and he must not regard the alarm ruin the honor, to blast the name, of an English -the suffering—the torment—the destruction—Queen! What shall I say, then, if this is the which he may bring upon another. Nay, sepa- proof by which an act of legislation, a parliarating even the duties of a patriot from those of mentary sentence, an ex post facto law, is sought an advocate, and casting them, if need be, to the to be passed against this defenseless woman? wind, he must prove reckless of the consequen- My Lords, I pray you to pause. I do earnestly ces, if his fate should unhappily be to involve beseech you to take heed! You are standing his country in confusion for his client's protec- upon the brink of a precipice-then beware! It tion!"
will go forth your judgment, if sentence shall go
against the Queen. But it will be the only This, if considered as propounding an judgment you ever pronounced, which, instead article in the code of forensic ethics, is an
of reaching its object, will return and bound exaggerated and erroneous view, against back upon those who give it. Save the country, which the right reason of every one in my Lords, from the horrors of this catastrophe
-save yourselves from this peril—rescue that stinctively revolts; but the speaker meant country of which you are the ornaments, but in it to apply to and foreshadow the necessity which you can flourish no longer when severed to which he might be driven of recriminat- from the people, than the blossom when cut off ing upon the King, and impugning his from the roots and stem of the tree. Save that title to the throne in consequence of his country that you may continue to adorn it-save marriage with Mrs. Fitzherbert. Although
the Crown which is in jeopardy—the AristoMr. Brougham did not go so far as this, must stagger with the blow that rends its kin
which is shaken-save the Altar which yet he went far enough in vindicating his dred Throne! You have said, my Lords, you claim to know in the discharge of his duty have willed--the Church and the King have to his client “but one person in the world, willed—that the Queen should be deprived of its that client and no other,” when he called solemn service. She has, instead of that solemthe King “the ringleader of the band of nity, the heart-felt prayers of the people. She perjured witnesses ; » and in quoting an
wants no prayers of mine. But I do here pour affectionate letter from George III. to his forth my humble supplications at the Throne of daughter-in-law, said, that he could not upon the people, in a larger measure than the
Mercy, that that mercy may be poured down read it “ without a feeling of sorrow, when nerits of their rulers may deserve, and that we reflect upon the reign that has passed, your hearts may be turned to justice.” and compare it with the rule we live under.”
In connection with the Queen's trial It is needless to express any opinion another opportunity was afforded to Mr. upon the merits of the case, or to revive a Brougham for a great oratorical display. controversy, in every aspect most unhappy, When she died in August, 1821, the bells which has died away. We are dealing of most of the churches throughout Eng. with the Queen's trial merely as it afforded land were tolled—but those of Durham a great occasion for a great advocate; and remained silent. Neither church nor no one can deny the matchless skill with cathedral there paid this tribute of respect which the defense was conducted, and the to her memory, and a Mr. Williams, the editor of a local newspaper at Durham, you with it! This is indeed to insult commoncommented with some severity upon the sense, and outrage the feelings of the whole omission. What he wrote would nowa- human race! If you were hypocrites before, days pass unheeded and disregarded, but you were downright frank honest hypocrites to those were times of ex-officio informations; all you have ever done or ever been charged
what you have made yourselves—and surely for and the late Lord Abinger, then Mr. with, your worst enemies must be satiated with Scarlett, the Attorney-General of the the humiliation of this day, its just atonement County Palatine, obtained a rule, which and ample retribution !" was afterwards made absolute, for a criminal information against John Williams, the
In the same speech occurs a passage publisher of the paragraph, for a libel which we must cite as perfect in its kind. against “ the clergy residing in and near Mr. Scarlett had lamented in his opening the city of Durham.” We more than that the clergy had not the power of dedoubt whether such a body-having no fending themselves through the public corporate character or capacity-could, in press. Mr. Brougham declared that they point of law, be the possible subjects of a had largely used it and “scurrilously and libel, so as to enable them to be the rela- foully libeled” the defendant. He then tors in a criminal information. But the thus proceeded : rule was granted, and Williams was defended before a Durham jury by Mr.
“Not that they wound deeply or injure much; Brougham.
but that is no fault of theirs: without hurting In the alleged libel occurred the follow- brought into life by corruption, and nestled in
they give trouble and discomfort. The insect ing passage—“Yet these men profess to filth, though its flight be lowly and its sting be followers of Jesus Christ, to walk in his puny, can swarm and buzz and irritate the skin footsteps, to teach his precepts, to incul- and offend the nostril, and altogether give us cate his spirit, to promote harmony, char- nearly as much annoyance as the wasp, whose ity, and Christian love! Out upon such nobler nature it aspires to emulate. These revhypocrisy !”—and Mr. Scarlett, who con
erend slanderers—these pious backbiters-deducted the prosecution, had suggested in dagger ; and destitute of wit to point or to barb
void of force to wield the sword, snatch the his opening address to the jury that the it, and make it rankle in the wound, steep it in reason why the bells of Durham were si- venom to make it fester in the scratch.” lent was because the clergy there too deeply sympathized with the Queen's fate Nor was this the last occasion on which to give open expression to their sorrow. Lord Brougham defended the memory of This was indeed to expose an unguarded the Queen. No one can doubt the sinflank to the enemy and invite a terrible at-cerity of his conviction of her innocence, tack, and thus did Mr. Brougham avail and he has seized every opportunity of himself of the opportunity.
proclaiming it to the world. In a debate “The venerable the clergy of Durham, I am tration of the Law in Ireland brought for
in 1823, on the question of the Administold now for the first time . . . . did nevertheless, in reality, all the while, deeply sympathize ward by himself, Mr. Peel has censured with her suffering in the bottom of their rever- his reference to a letter which had been end hearts! When all the resources of the addressed by the Irish Attorney-General, most ingenious cruelty hurried her to a fate Mr. Saurin, to Lord Norbury, then Chief without parallel—if not so clamorous as others, Justice of the Common Pleas in Ireland, they did not feel the least of all the members of and in which the writer had suggested that the community—their grief was in truth, too Lord Norbury should make use of his podeep for utterance—sorrow clung round their sition as a judge on circuit to influence bosoms, weighed upon their tongues, stifled every sound—and when all the rest of mankind, those with whom he came in contact of all sects and of all nations, freely gave vent to against Catholic Emancipation. This letthe feelings of our common nature, their silence, ter was a private one, which had got into the contrast which THEY displayed to the rest of print by some improper means, contrary their species, proceeded from the greater depth to the wish and intention of Mr. Saurin, of their affliction; they said the less because they and had been the subject of much public felt the more !-Oh! talk of hypocrisy after this!
remark. most consummate of all the hypocrites! After
On hearing the attack, Mr. instructing your chosen official advocate to stand Brougham turned to Mr. Denman and forward with such a defense—such an exposi- Mr. Williams, who with Dr. Lushington tion of your motives—to dare to utter the word had been his colleagues on the Queen's hypocrisy, and complain of those who charged trial, and, quoting Cromwell's words at the battle of Dunbar, said: “The Lord “It is my clear and deliberate conviction (and hath delivered them into our hands.” | if I had not so believed I never would have When he rose to reply he thus dealt with consented to the change in 1831 and 1832, much the accusation, and thus retorted upon tion is fit for the calm, it is yet better suited to
less promoted it) that if the altered Constituhis adversary:
the tempest; if the vessel can ride the more
safely in smooth water, since the repairs she "And why, let me ask, am I to be blamed for then underwent, they were still more necessary simply referring to an extensively published for enabling her to bear the storm. Her being letter, as if I had first given it publicity ? made more tight in her rigging, better trimmed, I entirely agree with the Right Honorable Gen- better manned, and by a more contented crew, tleman, in his condemnation of those who have sounder in her timbers, more secure and more been concerned in obtaining the letter for the seaworthy in all her fabric, far from rendering purpose of publishing it. Their conduct may her less fit safely to ride through the troubled not be criminal by the enactments of the law, waters, must make her more powerful to defy, but it is morally dishonest, and it is revolting the strife of the elements. The vessel to every honorable feeling. I go heartily along has undergone a thorough repair; not unneceswith him in reprobating all such odious prac- sary for her security in the fairest weather, but tices; I hold with him that it is shameful, inde- in the stress of wind and wave absolutely recent, abominable to encourage them; I consider I quired to give her a chance of safety.” it truly detestable to hold out the encouragement of bribes for the purpose of corrupting And, although it is not included in the servants, and inducing them to violate their collection we are reviewing, we can not first duty, and betray the secrets of their mas- resist the temptation of quoting an exter — ay, and of their mistress too! I say of tract from his noble speech on the State their mistress! of their mistress! and not only of the Law, where a fine metaphor is to betray her secrets and to steal her papers, and to purloin her letters, but to produce them beautifully sustained. for the treacherous, the foul, the execrable purpose of supporting a charge against her honor
“The great stream of Time is perpetually and her life, founded on the documents that flowing on; all things around us are in cease. have been pilfered by her servants and sold to less motion; and we vainly imagine to preserve her enemies! the proofs obtained by perfidy
our relative position among them by getting out suborned, and larceny perpetrated ! and then of the current and standing stock-still on the to carry on a prosecution wholly grounded on margin. The stately vessel we belong to glides matter drawn from sources so polluted, as at down; our bark is attached to it; we might once insulted, disgraced, and degraded the na
pursue the triumph and partake the gale;' tion—a prosecution so foul, oso utterly abomina. but worse than the fool who stares expecting ble, making the sun shroud himself in dark- the current to flow down and run out, we ex. nes, as if unwilling to lend the light of day to claim, 'Stop the boat!' and would tear it away the perpetration of such enormous wicked- to strand it for the purpose of preserving its ness !* And by whom was this infamy enacted connection with the vessel.” By the ministers of the Crown-by the very colleagues of the Right Honorable Gentleman
It is, however, in the power of descripwho now pronounces so solemn a denunciation tion that Lord Brougham peculiarly exof all that tends to encourage servants in be- cels. No one can paint with more force traying the confidence of their masters and a picture in words. Witness that tre. their mistresses !"
mendous passage with which he appalled
the House of Lords when, in his speech Lord Brougham is sparing in the use of on the Slave Trade in 1838, he described metaphor, and hardly ever resorts to a the horrors of the Middle Passage and simile. But when he does employ meta
spoke of the shark that follows in the phor it is always apt and effective. We wake of the slave-ship; “and her course may give as a specimen his description of is literally to be tracked through the the benefits conferred by the Reform Bill, ocean by the blood of the murdered, with which occurs in a speech delivered by which her enormous crime stains its him in 1839, on what was called the Bed
waters." Our chamber Question, so fatal to Sir Robert do more than give a fragment of the pic
space will not allow us to Peel's attempt to form an Administration ture in which are drawn scenesin the month of May in that year.
“Scenes not exceeded in horror by the forms
with which the great Tuscan poet peopled the * An eclipse of the sun happened to take place at Hell of his fancy, nor by the dismal tints of his the time of the opening of the case for the Bill of illustrious countrymen's pencil breathing its Pains and Penalties against the Queen.
horrors over the vaults of the Sistine Chapel !
Mortua quin etiam jungebat corpora vivis ! "They remind one of the accounts which On the deck and in the loathsome hold are to be have been handed down to us of the great pesseen the living chained to the dead—the putrid tilence which once visited this city. Nothing carcase remaining to mock the survivor with a in the story of that awful time is more affecting spectacle that to him presents no terrors-to than the picture which it presents of the vain mock him with the spectacle of a release that efforts made to seek relief. Miserable men he envies! Nay, women have been known to might be seen rushing forth into the streets and bring forth the miserable fruit of the womb, wildly grasping the first passenger they met, to surrounded by the dying and the dead—the de- implore his help, as if by communicating the cayed corpses of their fellow victims."
poison to others they could restore health to
their own veins, or life to its victims whom they After this, his affecting account of the had left stretched before it
. In that dismal sufferings of the people in his speech period there was no end of projects and nosagainst the Orders in Council in 1812 trums for preventing or curing the disease; and seems almost tame. And yet his tale of numberless empirics every day started up with starving penury and silent woe in the some new delusion, rapidly made fortunes of the manufacturing districts was told with infi- hopes and terrors of the multitude, and then as nite skill—we fear with not more skill speedily disappeared, or were themselves borne than truth—and touched the hearts of all malady raged until its force was spent; the
down by the general destroyer. Meanwhile the who heard it. Speaking of Biriningham attempts to cure it were doubtless all bafiled; he asked :
but the eagerness with which men hailed each • In what state do you find that once busy
successive contrivance, proved too plainly how hive of men? Silent, still, and desolate during vast was their terror and how universal the half the week; during the rest of it, miserably
suffering that prevailed." toiling at reduced wages, for a pittance scarcely sufficient to maintain animal life in the lowest
And again, in the same speech, in anstate of comfort, and at all times swarming with swer to the question, what had the Orders unhappy persons, willing, anxious to work for in Council to do with the scarcity arising their lives, but unable to find employment. He from a deficient crop ? must have a stout heart within him, who can view such a scene, and not shudder. But even “Why, Sir, to deny that those measures this is not all. A third would say that affect the scarcity, is as absurd as it would be he was afraid to see his people, because he had to deny that our Jesuits' Bark Bill exasperated po longer the means of giving them work, and the misery of the French hospitals, for that the he knew that they would flock around him and wretches there died of the ague and not of the implore to be employed at the lowest wages : bill. True, they died of the ague ; but your for something wholly insufficient feed them. murderous policy withheld from them that
Indeed,' said one, our situation is greatly to kindly herb which the Providence that mysbe pitied; it is most distressing; and God only teriously inflicted the disease, mercifully beknows what will become of us, for it is most stowed for the relief of suffering humanity.” unhappy!'”
Throughout these orations occur from He possesses also an unrivaled fertility time to time magnificent bursts of the in strong and apposite illustration. This finest eloquence, and our only difficulty is is one of the most effective ornaments of to make a selection. We might quote from a speech, vividly condensing the argu- his speech in 1812, at the Liverpool Elecment and bringing it home at once to the tion, his invective against the policy of apprehension. We will give one or two Mr. Pitt. “Immortal in the triumphs of examples. Alluding to the pressure of our enemies and the ruin of our allies, misery caused by the Orders in Council, the costly purchase of so much blood and and the wild ideas that were afloat of the treasure! Immortal in the afflictions of relief that was likely to flow from the England and the humiliation of her friends, proposed abolition of the East-India Com- through the whole results of his twenty pany's trading monopoly-when one dis- years' reign, from the first rays of favor trict, which raised no earthly produce but with which a delighted Court glided his black horned cattle, bad petitioned for early apostasy, to the deadly glare which a free exportation to the East-Indies— is at this instant cast upon his name by and the ancient and respectable city of the burning metropolis of our last ally !*** Newcastle, which grows nothing but pit We might also quote from his speech on coal, had earnestly entreated that it might the Army Estimates in 1816—à speech be allowed to ship that useful article to supply the stoves and hot-houses of Cal
* The news of the burning of Moscow had arrived cutta," he said:
in Liverpool by that day's post.
which we are told by himself had a greater the wild and guilty phantasy that man can hold success than any other made by him in property in man!* In vain you appeal to Parliament-his comparison of France in treaties, to covenants between nations : the 1792, when “a prodigious revolution had covenants of the Almighty, whether of the old unchained twenty-six millions of men in
covenant or the new, denounce such unholy
pretensions.” the heart of Europe,” with France at the time he spoke, after “Jacobinism, itself With this it is worth while to compare arrested by the Directory, punished by his grand and impassioned burst of indigthe Consuls, reclaimed by the Emperor, nant eloquence, when denouncing in the has become attached to the cause of good House of Lords, in 1838, the cruelties order, and made to serve it with the zeal, practiced in our West-India Colonies, and the resources, and the address of a male- calling upon the House to assent to the factor engaged by the police after the immediate emancipation of the Negro aptime of his sentence had expired.” Or prentices. Eleven female slaves had been the peroration of his speech in 1823, on severely flogged, and then forced by torabuses in the Administration of the Law ture to work on the treadmill, “ till their in Ireland, which Mr. Wilberforce in his sufferings had reached the pitch when life “Diary” (see his “Life,” vol. 5, p. 186,) can no longer even glimmer in the socket called " quite thundering - magnificent, of the weary frame.” They died-and but very unjust declamation.” With the justice or injustice of the attack we are " Ask you," said the great champion of the not now concerned, but it is melancholy cause of African freedom,“ ask you if crimes to think that such a theme should have like these, murderous in their legal nature, as afforded materials for a long oration in ticed ; if inquiry was neglected to be made re
well as frightful in their aspect, passed unnothe House of Commons little more than specting these deaths in a prison? No such thirty years ago, and that it should have thing! The forms of justice were, on this head, been possible to say there, as Mr. Brough- peremptory even in the West-Indies ; and those am did say : “ In England, justice is de forms, the handmaids of Justice, were present, layed, but, thank Heaven, it can never be though their sacred mistress was far sold. In Ireland, it is sold to the rich, re
coroner duly attended; his jury were regularly fused to the poor, delayed to all. It is in order, and eleven verdicts returned. Murder !
impanneled; eleven inquisitions were made in vain to disguise the fact ; it is in vain to
manslaughter! misdemeanor ! misconduct! shun the disclosure of the truth. ... No-but. Died by the Visitation of God!' Died We are driving six millions of people to by the Visitation of God! A lie! a perjury! a despair, to madness.
blasphemy! The visitation of God l Yes, for But at the risk of choosing a passage it is amongst the most awful of those visitations more rhetorical and brilliant, we will give times arms the wicked with power to oppress which some may think eclipsed by others by which the inscrutable purposes of his will
are mysteriously accomplished, that he somean extract from the close of his speech in the guiltless; and if there be any visitation the House of Commons in 1830 on Negro more dreadful than another—any which more Slavery, which we think remarkably fine : tries the faith and vexes the reason of erring
mortals, it is when Heaven showers down upon “Tell me not of rights—talk not of the pro-carth the plague-not of scorpions, or pestiperty of the planter in his slaves. I deny the lence, or famine, or war-but of unjust judges right-I acknowledge not the property. The and perjured jurors; wretches who pervert the principles, the feelings of our common nature, law to wreak their personal vengeance, or comrise in rebellion against it. Be the appeal made pass their sordid ends, forswearing themselves to the understanding or to the heart, the sentence is the same that rejects it. In vain you tell me of laws that sanction such a claim ! * Some years ago, when a case was argued before There is a law above all the enactments of hu- Lord Denman and several other judges in Sergeant's man codes—the same throughout the world, the Inn, involving incidentally the right of a Spanish or same in all times—such as it was before the Portuguese vessel to carry slaves, the counsel who daring genius of Columbus pierced the night of argued that a certain capture was unlawful, was asages, and opened to one world the sources of suming that, by the Law of Nations, slave-trading power, wealth and knowledge; to another all don't know that; I should like to hear that point
was lawful; upon which Lord Denman said: "I unutterable woes. Such it is at this day. It is argued." However, it was soon shown that what the law written in the heart of man by the the laws of the principal nations of Europe had finger of his Maker ; and by that law, unchange sanctioned could not be contrary to the Law of Naable and eternal, while men despise fraud, and tions; and indeed so Lord Stowell had decided in the loathe rapine, and abhor blood, they will reject case of the French vessel Le Louis in 1817.