Chapter 3

However bad, however depraved the human mind, it still leans to mercy: the power to dispose of another man's life is generally sufficient for the most malignant spirit in its thirst for vengeance. What then are the feelings of twelve calm, and perhaps, benevolent men, at a moment like this? The last words of the advocate have thrown a new element into the whole case, for independent of their verdict upon the prisoner comes now the direct appeal to their own hearts. How will they feel when they reflect on this hereafter? I do not wish to pursue this further. It is enough for my present purpose that, by the ingenuity of the lawyer, criminals have escaped, do escape, and are escaping, the just sentence on their crimes. What then is the result? the advocate, who up to this moment has maintained a familiar, even a friendly, intimacy with his client in the dock, now shrinks from the very contamination of his look. He cannot bear that the blood-stained fingers should grasp the hem of his garment, and he turns with a sense of shame from the expressions of a gratitude that criminate him in his own heart. However, this is but a passing sensation; he divests himself of his wig and gown, and overwhelmed with congratulations for his brilliant success, he springs into his carriage and goes home to dress for dinner--for on that day he is engaged to the Chancellor, the Bishop of London, or some other great and revered functionary--the guardian of the church, or the custodian of conscience.

Now, there is only one thing in all this I would wish to bring strikingly before the mind of my readers, and that is, that the lawyer, throughout the entire proceeding, was a free and a willing agent. There was neither legal nor moral compulsion to urge him on. No; it was no intrepid defence against the tyranny of a government or the usurpation of power--it was the assertion of no broad and immutable principle of truth or justice--it was simply a matter of legal acumen and persuasive eloquence, to the amount of fifty pounds sterling.

This being admitted, let me now proceed to consider another functionary, and observe how far the rule of right is consulted in the treatment _he_ meets with--I mean the hangman. You start, good reader, and your gesture of impatience denotes the very proposition I would come to. I need scarcely remind you, that in our country this individual has a kind of prerogative of detestation. All other ranks and conditions of men may find a sympathy, or at least a pity, somewhere, but for him there is none. No one is sufficiently debased to be his companion,--no one so low as to be his associate! Like a being of another sphere, he appears but at some frightful moments of life, and then only for a few seconds. For the rest he drags on existence unseen and unheard of, his very name a thing to tremble at. Yet this man, in the duties of his calling, has neither will nor choice. The stern agent of the law, he has but one course to follow; his path, a narrow one, has no turning to the right or to the left, and, save that his ministry is more proximate, is less accessory to the death of the criminal than he who signs the warrant for execution. In fact, he but answers the responses of the law, and in the loud amen of his calling, he only consummates its recorded assertion. How then can you reconcile yourself to the fact, that while you overwhelm the advocate who converts right into wrong and wrong into right, who shrouds the guilty man, and conceals the murderer, with honour, and praise, and rank, and riches, and who does this for a brief marked fifty pounds, yet have nothing but abhorrence and detestation for the impassive agent whose fee is but one. One can help what he does--the other cannot. One is an amateur--the other practices in spite of himself. One employs every energy of his mind and every faculty of his intellect--the other only devotes the ingenuity of his fingers. One strains every nerve to let loose a criminal upon the world--the other but closes the grave over guilt and crime!

The king's counsel is courted. His society sought for. He is held in high esteem, and while his present career is a brilliant one in the vista before him, his eyes are fixed upon the ermine. Jack Ketch, on the other hand, is shunned. His companionship avoided, and the only futurity he can look to, is a life of ignominy, and after it an unknown grave. Let him be a man of fascinating manners, highly gifted, and agreeable; let him be able to recount with the most melting pathos the anecdotes and incidents of his professional career, throwing light upon the history of his own period--such as none but himself could throw;--let him speak of the various characters that have _passed through his hands_, and so to say, "dropped off before him"--yet the prejudice of the world is an obstacle not to be overcome; his calling is in disrepute, and no personal efforts of his own, no individual pre-eminence he may arrive at in his walk, will ever redeem it. Other men's estimation increases as they distinguish themselves in life; each fresh display of their abilities, each new occasion for the exercise of their powers, is hailed with renewed favour and increasing flattery; not so he,--every time he appears on his peculiar stage, the disgust and detestation is but augmented,--_vires acquirit eundo_,--his countenance, as it becomes known, is a signal for the yelling execrations of a mob, and the very dexterity with which he performs his functions, is made matter of loathing and horror. Were his duties such as might be carried on in secret, he might do good by stealth and blush to find it fame; but no, his attributes demand the noon-day and the multitude--the tragedy he performs in, must be played before tens of thousands, by whom his every look is scowled at, his every gesture scrutinized. But to conclude,--this man is a necessity of our social system. We want him--we require him, and we can't do without him. Much of the machinery of a trial might be dispensed with or retrenched. His office, however, has nothing superfluous. He is part of the machinery of our civilisation, and on what principle do we hunt him down like a wild beast to his lair?

Men of rank and title are daily to be found in association, and even intimacy with black legs and bruisers, grooms, jockeys, and swindlers; yet we never heard that even the Whigs paid any attention to a hangman, nor is his name to be found even in the list of a Radical viceroy's levee. However, we do not despair. Many prejudices of this nature have already given way, and many absurd notions have been knocked on the head by a wag of great Daniel's tail. And if our friend of Newgate, who is certainly anti-union in his functions, will only cry out for Repeal, the justice that is entreated for all Ireland may include him in the general distribution of its favours. Poor Theodore Hook used to say, that marriage was like hanging, there being only the difference of an aspirate between halter and altar.

A NUT FOR "ENDURING AFFECTION."

My dear reader, if it does not insult your understanding by the self-evidence of the query, will you allow me to ask you a question--which of the two is more culpable, the man who, finding himself in a path of dereliction, arrests himself in his downward career, and, by a wonderful effort of self-restraint, stops dead short, and will suffer no inducement, no seduction, to lead him one step further; or he, who, floating down the stream of his own vicious passions, takes the flood-tide of iniquity, and, indifferent to every consequence, deaf to all remonstrance, seeks but the indulgence of his own egotistical pleasure with a stern determination to pursue it to the last? Of course you will say, that he who repents is better than he who persists; there is hope for the one, there is none for the other. Yet would you believe it, our common law asserts directly the reverse, pronouncing the culpability of the former as meriting heavy punishment, while the latter is not assailable even by implication.

That I may make myself more clear, I shall give an instance of my meaning. Scarcely a week passes over without a trial for breach of promise of marriage. Sometimes the gay Lothario, to use the phrase of the newspapers, is nineteen, sometimes ninety. In either case his conduct is a frightful tissue of perjured vows and base deception. His innumerable letters breathing all the tenderness of affectionate solicitude, intended but for the eyes of her he loves, are read in open court; attested copies are shown to the judge, or handed up to the jury-box. The course of his true love is traced from the bubbling fountain of first acquaintance to the broad river of his passionate devotion. Its rapids and its whirlpools, its placid lakes, its frothy torrents, its windings and its turnings, its ebbs and flows, are discussed, detailed, and descanted on with all the hacknied precision of the craft, as though his heart was a bill of exchange, or the current of his affection a disputed mill-stream. And what, after all, is this man's crime? knowing that love is the great humanizer of our race, and feeling probably how much he stands in need of some civilizing process, he attaches himself to some lovely and attractive girl, who, in the reciprocity of her affection, is herself benefited in a degree equal to him. If the soft solicitude of the tender passion, if its ennobling self-respect, if its purifying influence on the heart, be good for the man, how much more so is it for the woman. If _he_ be taught to feel how the refined enjoyments of an attractive girl's mind are superior to the base and degenerate pursuits of every-day pleasure, how much more will _she_ learn to prize and cultivate those gifts which form the charm of her nature, and breathe an incense of fascination around her steps. Here is a compact where both parties benefit, but that they may do so to the fullest extent, it is necessary that no self-interest, no mean prospect of individual advantage, should interfere: all must be pure and confiding. Love-making should not be like a game of _ecarte_ with a black leg, where you must not rise from the table, till you are ruined. No! it should rather resemble a party at picquet with your pretty cousin, when the moment either party is tired, you may throw down the cards and abandon the game.

This, then, is the case of the man; he either discovers that on further acquaintance the qualities he believed in were not so palpable as he thought, or, if there, marred in their exercise by opposing and antagonist forces, of whose existence he knew not, he thinks he detects discrepancies of temperament, disparities of taste; he foresees that in the channel where he looked for deep water there are so many rocks, and shoals, and quicksands, that he fears the bark of conjugal happiness may be shipwrecked upon them; and, like a prudent mariner, he resolves to lighten the craft by "throwing over the lady." Had this man married with all these impending suspicions on his mind, there is little doubt he would have made a most execrable husband; not to mention the danger that his wife should not be all amiable as she ought. He stops short--that is, he explains in one, perhaps in a series of letters, the reasons of his new course. He expects in return the admiration and esteem of her, for whose happiness he is legislating, as well as for his own; and oh, base ingratitude! he receives a letter from her attorney. The gentlemen of the long robe--newspaper again--are in ecstasies. Like devils on the arrival of a new soul, they brighten up, rub their hands, and congratulate each other on a glorious case. The damages are laid at five thousand pounds; and, as the lady is pretty, and can be seen from the jury-box, being fathers themselves, they award every sixpence of the money.

I can picture to myself the feeling of the defendant at such a moment as this. As he stands alone in conscious honesty, ruminating on his fate--alone, I say, for, like Mahomet's coffin, he has no resting-place; laughed at by the men, sneered at by the women, mulcted of perhaps half his fortune, merely because for the last three years of his life he represented himself in every amiable and attractive trait that can grace and adorn human nature. Who would wonder, if, like the man in the farce, he would register a vow never to do a good-natured thing again as long as he lives; or what respect can he have for a government or a country, where the church tells him to love his neighbour, and the chief justice makes him pay five thousand for his obedience.

I now come to the other case, and I shall be very brief in my observations. I mean that of him, who equally fond of flirting as the former, has yet a lively fear of an action at law. Love-making with him is a necessity of his existence--he is an Irishman, perhaps, and it is as indispensable to his temperament as train-oil to a Russian. He likes sporting, he likes billiards, he likes his club, and he likes the ladies; but he has just as much intention of turning a huntsman at the one, or a marker at the other, as he has of matrimony. He knows life is a chequered table, and that there could be no game if all the squares were of one colour. He alternates, therefore, between love and sporting, between cards and courtship, and as the pursuit is a pleasant one, he resolves never to give up. He waxes old, therefore, with young habits, adapting his tastes to his time of life; he does not kneel so often at forty as he did at twenty, but he ogles the more, and is twice as good-tempered. Not perhaps as ready to fight for the lady, but ten times more disposed to flatter her. She may love him, or she may not; she may receive him as of old, or she may marry another. What matters it to him? All his care is that _he_ shouldn't change. All his anxiety is, to let the rupture, if there must be one, proceed from _her_ side. He knows in his heart the penalty of breach of promise, but he also knows that the Chancellor can issue no injunction compelling a man to marry, and that in the courts of love the bills are payable at convenience.

Here, then, are the two cases, which, in conformity with the world's opinion, I have dignified with every possible term of horror and reproach. In the one, the measure of iniquity is but half filled; in the other, the cup is overflowing at the brim. For the lesser offence, the law awards damages and defamation: for the greater, society pronounces an eulogy upon the enduring fidelity of the man thus faithful to a first love.

If a person about to buy a horse should, on trying him for an hour or two, discover that his temper did not suit him, or that his paces were not pleasant, and should in consequence restore him to the owner: and if another, on the same errand, should come day after day for weeks, or months, or even years, cantering him about over the pavement, and scouring over the whole country; his answer being, when asked if he intended to purchase, that he liked the horse exceedingly, but that he hadn't got a stable, or a saddle, or a curb-chain, or, in fact, some one or other of the little necessaries of horse gear; but that when he had, that was exactly the animal to suit him--he never was better carried in his life. Which of these two, do you esteem the more honest and more honourable?

When you make up your mind, please also to make the application.

A NUT FOR THE POLICE AND SIR PETER.

When the Belgians, by their most insane revolution, separated from the Dutch, they assumed for their national motto the phrase "_L'union fait la force_." It is difficult to say whether their rebellion towards the sovereign, or this happy employment of a bull, it was, that so completely captivated our illustrious countryman, Dan, and excited so warmly his sympathies for that beer-drinking population. After all, why should one quarrel with them? Nations, like individuals, have their coats-of-arms, their heraldic insignia, their blazons, and their garters, frequently containing the sharpest sarcasm and most poignant satire upon those who bear them; and in this respect Belgium is only as ridiculous as the attorney who assumed for his motto "_Fiat justitia_." Time was when the chivalrous line of our own garter, "_Honi soit qui mal y pense_," brought with it, its bright associations of kingly courtesy and maiden bashfulness: but what sympathy can such a sentiment find in these degenerate days of railroads and rack-rents, canals, collieries, and chain-bridges? No, were we now to select an inscription, much rather would we take it from the prevailing passion of the age, and write beneath the arms of our land the emphatic phrase, "Push along, keep moving."

If Englishmen have failed to exhibit in machinery that triumphant El Dorado called perpetual motion, in revenge for their failure, they resolved to exemplify it in themselves. The whole nation, from John o' Groat to Land's End, from Westport to Dover, are playing cross-corners. Every body and every thing is on the move. A dwelling-house, like an umbrella, is only a thing used on an emergency; and the inhabitants of Great Britain pass their lives amid the smoke of steam-boats, or the din and thunder of the Grand-Junction. From the highest to the lowest, from the peer to the peasant, from the lord of the treasury to the Irish haymaker, it is one universal "_chassee croissee_." Not only is this fashionable--for we are told by the newspapers how the Queen walks daily with Prince Albert on "the slopes"--but stranger still, locomotion is a law of the land, and standing still is a statutable offence. The hackney coachman, with wearied horses, blown and broken-winded, dares not breathe his jaded beasts by a momentary pull-up, for the implacable policeman has his eye upon him, and he must simulate a trot, though his pace but resemble a stage procession, where the legs are lifted without progressing, and some fifty Roman soldiers, in Wellington boots, are seen vainly endeavouring to push forward. The foot-passenger is no better off--tired perhaps with walking or attracted by the fascinations of a print-shop, he stops for an instant: alas, that luxury may cost him dear, and for the momentary pleasure he may yet have to perform a quick step on the mill. "Move on, sir. Keep moving, if you please," sayeth the gentleman in blue; and there is something in his manner that won't be denied. It is useless to explain that you have nowhere particular to go to, that you are an idler and a lounger. The confession is a fatal one; and however respectable your appearance, the idea of shoplifting is at once associated with your pursuits. Into what inconsistencies do we fall while multiplying our laws, for while we insist upon progression, we announce a penalty for vagrancy. The first principle of the British constitution, however, is "keep moving," and "I would recommend you to go with the tide."

Thank heaven, I have reached to man's estate--although with a heavy heart I acknowledge it is the only estate I have or ever shall attain to; for if I were a child I don't think I should close my eyes at night from the fear of one frightful and terrific image. As it is, I am by no means over courageous, and it requires all the energy I can summon to combat my terrors. You ask me, in all likelihood, what this fearful thing can be? Is it the plague or the cholera? is it the dread of poverty and the new poor-law? is it that I may be impressed as a seaman, or mistaken for a Yankee? or is it some unknown and visionary terror, unseen, unheard of, but foreshadowed by a diseased imagination; No; nothing of the kind. It is a palpable, sentient, existent thing--neither more nor less than the worshipful Sir Peter Laurie.

Every newspaper you take up announces that Sir Peter, with a hearty contempt for the brevity of the fifty folio volumes that contain the laws of our land, in the plenitude of his power and the fulness of his imagination, keeps adding to the number; so that if length of years be only accorded to that amiable individual in proportion to his merits, we shall find at length that not only will every contingency of our lives be provided for by the legislature, but that some standard for personal appearance will also be adopted, to which we must conform as rigidly as to our oath of allegiance.

A few days ago a miserable creature, a tailor we believe, some decimal fraction of humanity, was brought up before Sir Peter on a trifling charge of some kind or other. I forget his offence, but whatever it was, the penalty annexed to it was but a fine of half-a-crown. The prisoner, however, who behaved with propriety and decorum, happened to have long black hair, which he wore somewhat "_en jeune France_" upon his neck and shoulders; his locks, if not ambrosial, were tastefully curled, and bespoke the fostering hand of care and attention. The Rhadamanthus of the police-office, however, liked them not: whether it was that he wore a Brutus himself, or that his learned cranium had resisted all the efficacy of Macassar, I cannot say; but certain it is, that the tailor's ringlets gave him the greatest offence, and he apostrophised the wearer in the most solemn manner:

"I have sat," said he, "for ----," as I quote from memory I sha'n't say how many, "years upon the bench, and I never yet met an honest man with long hair. The worst feature in your case is your ringlets. There is something so disgusting to me in the odious and abominable vice you have indulged in, that I feel myself warranted in applying to you the heaviest penalty of the law."

The miserable man, we are told, fell upon his knees, confessed his delinquency, and, being shorn of his locks in the presence of a crowded court, his fine was remitted, and he was liberated.

Now, perhaps, you will suppose that all this is a mere matter of invention. On the faith of an honest man I assure you it is not. I have retrenched considerably the pathetic eloquence of the magistrate, and I have left altogether untouched the poor tailor's struggle between pride and poverty--whether, on the one hand, to suffer the loss of his _half_-crown, or, on the other, to submit to the desecration of his _entire_ head. We hear a great deal about a law for the rich, and another for the poor; and certainly in this case I am disposed to think the complaint might not seem without foundation. Suppose for a moment that the prisoner in this case had been the Honourable Augustus Somebody, who appeared before his worship fashionably attired, and with hair, beard, and moustache far surpassing in extravagance the poor tailor's; should we then have heard this beautiful apostrophe to "the croppies," this thundering denunciation of ringlets? I half fear not. And yet, under what pretext does a magistrate address to one man, the insulting language he would not dare apply to another? Or let us suppose the rule of justice to be inflexible, and look at the result. What havoc would Sir Peter make among the Guards? ay, even in the household of her Majesty how many delinquents would he find? what a scene would not the clubs present, on the police authorities dropping suddenly down amongst them with rule and line to determine the statute length of their whiskers, or the legal cut of their eye-brows? Happy King of Hanover, were you still amongst us, not even the Alliance would insure your mustachoes. As for Lord Ellenborough, it is now clear enough why he accepted the government of India, and made such haste to get out of the country.