The first person who appeared was a handsome, compact, well-built, gentleman-like little man, who was announced as the Duke of Villa Hermosa, the Spanish amba.s.sador. He was dressed with great simplicity and beauty, having, however, the breast of his coat covered with stars, among which I recognized, with historical reverence, that of the Golden Fleece. He came alone, his wife pleading indisposition for her absence.
The Prussian minister and his wife came next. Then followed Lord and Lady Granville, the representatives of England. He was a large, well-looking man, but wanted the perfect command of movement and manner that so much distinguish his brethren in diplomacy: as for mere physical stuff, he and our own minister, who stands six feet four in his stockings, would make material enough for all the rest of the corps. He wore the star of the Bath. The Austrian amba.s.sador and amba.s.sadress followed, a couple of singularly high air, and a good tone of manner. He is a Hungarian, and very handsome; she a Veronese, I believe, and certainly a woman admirably adapted for her station. They had hardly made their salutations before M. le Comte et Mad. la Comtesse de Villele were announced. Here, then, we had the French prime minister. As the women precede the men into a drawing-room here, knowing how to walk and to curtsey alone, I did not, at first, perceive the great man, who followed so close to his wife"s skirts as to be nearly hid. But he was soon flying about the room at large, and betrayed himself immediately to be a fidget. Instead of remaining stationary, or nearly so as became his high quality, he took the initiative in compliments, and had nearly every diplomatic man walking apart in the adjoining room, in a political aside, in less than twenty minutes. He had a countenance of shrewdness, and I make little doubt is a better man in a bureau than in a drawing-room. His colleague, the foreign minister, M. de Damas, and his wife, came next. He was a large, heavy-looking personage, that I suspect throws no small part of the diplomacy on the shoulders of the premier; though he had more the manner of good society than his colleague. He has already exchanged his office for that of governor of the heir presumptive, as I have already stated. There was a pause, when a quiet, even-paced, cla.s.sical-looking man, in the attire of an ecclesiastic, appeared in the door, and was announced as "My Lord the Nuncio." He was then an archbishop, and wore the usual dress of his rank; but I have since met him at an evening party with a red hat; under his arm, the Pope having recalled him, and raised him to that dignity. He is now Cardinal Macchi. He was a priestly and an intellectual-looking personage, and, externals considered, well suited to his station. He wore a decoration or two, as well as most of the others.
"My Lord Clanricarde and Mr. Canning" came next, and the great man, followed by his son-in-law, made his appearance. He walked into the room with the quiet _aplomb_ of a man accustomed to being _lionised_; and certainly, without being of striking, he was of very pleasing appearance. His size was ordinary, but his frame was compact and well built, neither too heavy nor too light for his years, but of just the proportions to give one the idea of a perfect management of the machine.
His face was agreeable, and his eye steady and searching. He and M. de Villele were the very opposites in demeanour, though, after all, it was easy to see that the Englishman had the most latent force about him. One was fidgety, and the other humorous; for, with all his command of limb and gesture, nothing could be more natural than the expression of Mr.
Canning, I may have imagined that I detected some of his wit, from a knowledge of the character of his mind. He left the impression, however, of a man whose natural powers were checked by a trained and fact.i.tious deference to the rank of those with whom he a.s.sociated. Lord Granville, I thought, treated him with a sort of affectionate deference; and, right or wrong, I jumped to the conclusion, that the English amba.s.sador was a straight-forward, good fellow at the bottom, and one very likely to badger the fidgetty premier, by his steady determination to do what was right. I thought M. de Damas, too, looked like an honest man. G.o.d forgive me, if I do injustice to any of these gentlemen!
All this time, I have forgotten Count Pozzo di Borgo, the Russian amba.s.sador. Being a bachelor, he came alone. It might have been fancy, but I thought he appeared more at his ease under the American roof than any of his colleagues. The perfect good understanding between our own government and that of Russia extends to their representatives, and, policy or not, we are better treated by them than by any other foreign ministers. This fact should be known and appreciated, for as one citizen of the republic, however insignificant, I have no notion of being blackguarded and vituperated half a century, and then cajoled into forgetfulness, at the suggestions of fear and expediency, as circ.u.mstances render our good-will of importance. Let us at least show that we are not mannikins to be pulled about for the convenience and humours of others, but that we know what honest words are, understand the difference between civility and abuse, and have pride enough to resent contumely, when, at least, we feel it to be unmerited. M. Pozzo is a handsome man, of good size and a fine dark eye, and has a greater reputation for talents than any other member of the diplomatic corps now at Paris. He is by birth a Corsican, and, I have heard it said, distantly related to Bonaparte. This may be true, Corsica being so small a country; just as some of us are related to everybody in West Jersey.
Our party now consisted of the prime minister, the secretary of foreign affairs, the Austrian and English amba.s.sadors, and the Prussian minister, with their wives,--the Nuncio, the Russian and Spanish amba.s.sadors, the Swiss charge-d"affaires, Mr. Canning, Lord Clanricarde, --Mr. Mrs. and Miss Gallatin, and the other Americans already mentioned, or twenty-five in all.
If I had been struck with the rapid and business-like manner in which the company entered, I was amused with the readiness with which they paired off when dinner was announced. It was like a _coup de theatre_, every man and woman knowing his or her exact rank and precedency, and the time when to move. This business of getting out of a drawing-room to a dinner-table is often one of difficulty, though less frequently in France than in most other European countries, on account of the admirable tact of the women, who seldom suffer a knotty point to get the ascendancy, but, by choosing the gentlemen for themselves, settle the affair off hand. From their decision, of course, there is no appeal. In order that in your simplicity you may not mistake the importance of this moment, I will relate an anecdote of what lately occurred at a dinner given by an English functionary in Holland.
When William invaded England, in 1688, he took with him many Dutch n.o.bles, some of whom remained, and became English peers. Among others, he created one of his followers an Irish earl; but choosing to return to Holland, this person was afterwards known as the Count de ----, although his Irish rank was always acknowledged. It happened that the wife of the descendant of this person was present at the entertainment in question.
When dinner was announced, the company remarked that the master of the house was in a dilemma. There was much consultation, and a delay of near half an hour before the matter was decided. The debated point was, whether Madame de ---- was to be considered as a Dutch or an Irish countess. If the latter, there were English ladies present who were ent.i.tled to precede her; if the former, as a stranger, she might get that advantage herself. Luckily for the rights of hospitality, the Dutch lady got the best of it.
These things sound absurd, and sometimes they are so; but this social drilling, unless carried to extremes, is not without its use. In America, I have always understood that, on such occasions, silent laws of etiquette exist in all good company, which are founded on propriety and tact. The young give way to the old, the undistinguished to the distinguished, and he who is at home to the stranger. These rules are certainly the most rational, and in the best taste, when they can be observed, and, on the whole, they lead perhaps to the fewest embarra.s.sments; always so, if there happen to be none but the well-bred present, since seats become of little consideration where no importance is attached to them. I confess to some manoeuvring in my time, to get near, or away from a fire, out of a draught, or next some agreeable woman; but the idea whether I was at the head or the foot of the table never crossed my mind: and yet here, where they do mean the salt to come into the account, I begin to take care that they do not "bite their thumbs" at me. Two or three little things have occurred in my presence, which show that all our people do not even understand the ways of their own good society. A very young man lately, under the impression that gallantry required it, led one of the most distinguished women in the room to the table, merely because he happened to be next her, at the moment dinner was announced. This was certainly a failure even in American etiquette, every woman being more disposed to appreciate the delicacy and respect which should have induced such a person to give place to one of higher claims, than to prize the head-over-heels a.s.siduity that caused the boy to forget himself. Sentiment should be the guide on such occasions, and no man is a gentleman until his habits are brought completely in subjection to its dictates, in all matters of this sort.
There was very little sentiment, however, in marshalling the company at the dinner given to Mr. Canning. I will not undertake to say that all the guests were invited to meet this gentleman, and that he had been asked to name a day, as is usual when it is intended to pay an especial compliment; but I was asked to meet him, and I understood that the dinner was in his honour. Diplomatic etiquette made short work of the matter, notwithstanding, for the doors were hardly thrown open, before all the privileged vanished, with a quickness that was surprising. The minister took Madame de Villele; M. de Villele, Mrs. Brown; M. de Damas, the wife of the oldest amba.s.sador; and the Nuncio, Madame de Damas: after which, the amba.s.sadors and ministers took each other"s wives in due order, and with a prompt.i.tude that denoted great practice. Even the charge disappeared, leaving the rest of us to settle matters among ourselves as well as we could. Mr. Canning, Mr. Gallatin, Lord Clanricarde, the divine, the secretary, and myself, were left with only the wife of the clergyman and Miss Gallatin. As a matter of course, the Americans, feeling themselves at home, made signs for the two Englishmen to precede them, and Mr. Canning offered his arm to Mrs. ----, and Lord Clanricarde, his to Miss Gallatin. Here occurred a touch of character that is worthy to be mentioned, as showing of how very little account an American, male or female, is in the estimation of a European, and how very arbitrary are the laws of etiquette among our English cousins. Mr.
Canning actually gave way to his son-in-law, leaving the oldest of the two ladies to come after the youngest, because, as a marquis, his son-in-law took precedence of a commoner! This was out of place in America, at least, where the parties were, by a fiction in law, if not in politeness, and it greatly scandalized all our Yankee notions of propriety. Mrs. ---- afterwards told me that he apologized for the circ.u.mstance, giving Lord Clanricarde"s rank as the reason.
"_Sempereadem_," or "worse and worse," as my old friend O----n used to translate it. What became of the precedency of the married lady all this time? you will be ready to ask. Alas! she was an American, and had no precedency. The twelve millions may not settle this matter as it should be; but, take my word for it, the "fifty millions" will. Insignificant as all this is, or rather ought to be, your grandchildren and mine will live to see the mistake rectified. How much better would it be for those who cannot stop the progress of events, by vain wishes and idle regrets, to concede the point gracefully, and on just principles, than to have their cherished prejudices broken down by dint of sheer numbers and power!
The dinner itself was, like every dinner that is given at Paris, beautiful in decoration, admirable in its order, and excellent in viands, or rather, in its dishes; for it is the cookery and not the staple articles that form the boast of the French kitchen. As you are notable in your own region for understanding these matters, I must say a word touching the gastric science as it is understood here. A general error exists in America on the subject of French cookery, which is not highly seasoned, but whose merit consists in blending flavours and in arranging compounds, in such a manner as to produce, at the same time, the lightest and most agreeable food. A lady who, from her public situation, receives once a week, for the entire year, and whose table has a reputation, a.s.sured me lately, that all the spices consumed annually in her kitchen did not cost her a franc. The _effect_ of a French dinner is its princ.i.p.al charm. One of reasonably moderate habits, rises from the table with a sense of enjoyment, that, to a stranger, at least, is sometimes startling. I have, on several occasions, been afraid I was relaxing into the vices of a _gourmet_, if, indeed, vices they can be called. The _gourmand_ is a beast, and there is nothing to be said in his favour; but, after all, I incline to the opinion that no one is the worse for a knowledge of what is agreeable to the palate. Perhaps no one of either s.e.x is thoroughly trained, or properly bred, without being _tant soit peu de gourmet_. The difference between sheer eating, and eating with tact and intelligence, is so apparent as to need no explanation. A dinner here does not oppress one. The wine neither intoxicates nor heats, and the frame of mind and body in which one is left, is precisely that best suited to intellectual and social pleasures. I make no doubt, that one of the chief causes of the French being so agreeable as companions, is, in a considerable degree, owing to the admirable qualities of their table. A national character may emanate from a kitchen. Roast beef, bacon, pudding, and beer, and port, will make a different man, in time, from Chateau Margau, _cotelettes_, _consommes_, and _souffles_. The very name of _vol au vent_ is enough to make one walk on air!
Seriously, these things have more influence than may be, at a glance, imagined. The first great change I could wish to make in America, would be to see a juster appreciation of the substance, and less importance attached to outward forms, in moral things. The second would be, to create a standard of greatness and distinction that should be independent, or nearly independent, of money. The next, a more reasoning and original tone of thought as respects our own distinctive principles and _distinctive situation_, with a total indifference to the theories that have been broached to sustain an alien and an antagonist system, in England; and the last (the climax), a total reform in the kitchen! If I were to reverse the order of these improvements, I am not certain the three last might not follow as a consequence of the first. After our people have been taught to cook a dinner, they ought also to be taught how to eat it.
Our entertainment lasted the usual hour and a half; and, as one is all this time eating, and there are limits to the capacity of a stomach, a part of the lightness and gaiety with which one rises from a French dinner ought to be attributed to the time that is consumed at the table.
The different ingredients have opportunity to dispose of themselves in their new abode, and are not crowded together pell-mell, or like papers and books in ---- library, as I think they must be after a transatlantic meal. As for the point of a mere consumption of food, I take it the palm must be given to your Frenchman. I had some amus.e.m.e.nt to-day in watching the different countries. The Americans were nearly all through their dinner by the time the first course was removed. All that was eaten afterwards was literally, with them, pure makeweight, though they kept a hungry look to the last. The English seemed fed even before the dinner was begun; and, although the continental powers in general had the art of picking till they got to the finger-bowls, none really kept up the ball but the Frenchmen. It happened to be Friday, and I was a little curious to discover whether the Nuncio came to these places with a dispensation in his pocket. He sat next to Madame de Damas, as good a Catholic as himself, and I observed them helping themselves to several suspicious-looking dishes during the first course. I ought to have told you before, that one rarely, almost never, helps his neighbour, at a French entertainment. The dishes are usually put on the table, removed by the servants to be carved in succession, and handed to the guests to help themselves. When the service is perfect, every dish is handed to each guest. In the great houses, servants out of livery help to the different _plats_, servants in livery holding the dishes, sauces, etc., and changing the plates. I believe it is strictly _haut ton_ for the servants in livery to do nothing but a.s.sist those out of livery. In America it is thought stylish to give liveries; in Europe those who keep most servants out of livery are in the highest mode, since these are always a superior cla.s.s of menials. The habits of this quarter of the world give servants a very different estimation from that which they hold with us. n.o.bles of high rank are employed about the persons of princes; and, although, in this age, they perform no strictly menial offices, or only on great occasions, they are, in theory, the servitors of the body. n.o.bles have been even employed by n.o.bles; and it is still considered an honour for the child of a physician, or a clergyman, or a shopkeeper, in some parts of Europe, to fill a high place in the household of a great n.o.ble. The body servant, or the _gentleman_, as he is sometimes called even in England, of a man of rank, looks down upon a mechanic as his inferior. Contrary to all our notions as all this is, it is strictly reasonable, when the relative conditions, information, habits, and characters of the people are considered. But servants here are divided into many cla.s.ses; for some are scullions, and some are entrusted with the keys. It follows that those who maintain most of the higher cla.s.s, who are never in livery, maintain the highest style. To say, he keeps a servant out of livery, means, that he keeps a better sort of domestic. Mere footmen always wear it; the _maitre d"hotel_, or groom of the chambers, and the valet, never.
But to return to the dispensation, I made it a point to taste every dish that had been partaken of by the Nuncio and his neighbour; and I found that they were all fish; but fish so treated, that they could hardly know what to think of themselves. You may remember, however, that an Archbishop of Paris was sufficiently complaisant to declare a particular duck, of which one of Louis the Sixteenth"s aunts was fond, to be fish, and, of course, fit to be eaten on fast-days.
The fasting of these people would strike you as singular; for I verily believe they eat more of a fast-day than on any other. We engaged a governess for the girls not long after our arrival, and she proved to be a bigoted Catholic, a furious royalist, and as ignorant as a calf. She had been but a few weeks in the house, when I detected her teaching her _eleves_ to think Washington an unpardonable rebel, La Fayette a monster, Louis XVI. a martyr, and all heretics in the high road to d.a.m.nation. There remained no alternative but to give her a quarter"s salary, and to get rid of her. By the way, this woman was of a n.o.ble family, and as such received a small pension from the court. But I kept her fully a month longer than I think I otherwise should, to see her eat on fast-days. Your aunt had the consideration invariably to order fish for her, and she made as much havoc among them as a pike. She always commenced the Friday with an extra allowance of fruit, which she was eating all the morning; and at dinner she contrived to eat half the vegetables and all the fish. One day, by mistake, the soup happened to be _gras_ instead of _maigre_, and, after she had swallowed a large plateful, I was malicious enough to express my regrets at the mistake. I really thought the poor woman was about to disgorge on the spot; but by dint of consolation she managed to spare us this scene. So good an occasion offering, I ventured to ask her why she fasted at all, as I did not see it made any great difference in the sum total of her bodily nutriment. She a.s.sured me that I did not understand the matter. The fruit was merely a "_rafraichissant_" and so counted for nothing; and as for the fish and vegetables, I might possibly think them very good eating, and, for that matter, so did she, on Thursdays and Sat.u.r.days; but no sooner did Friday come than she longed for meat. The merit of the thing consisted, therefore, more in denying her appet.i.te than in going without food. I tried hard to persuade her to take a _cotelette_ with me; but the proposition made her shudder, though she admitted that she envied me every mouthful I swallowed. The knowledge of this craving did not take away my appet.i.te.
Lest you should suppose that I am indulging in the vulgar English slang against French governesses, I will add, that our own was the very worst, in every respect, I ever saw, in or out of France; and that I have met with ladies in this situation every way qualified, by principles, attainments, manners, and antecedents, to be received with pleasure in the best company of Europe.
Our _connives_ in the Hotel Monaco soon disappeared after the _cha.s.se-cafe_, leaving none but the Americans behind them. Men and women retired as they came; the latter, however, taking leave, as is always required by the punctilios of your s.e.x, except at very large and crowded parties, and even then properly; and the former, if alone, getting away as quietly as possible. The whole affair was over before nine o"clock, at which hour the diplomatic corps was scattered all through Paris.
Previously to this dispersion, however, Mr. Gallatin did me the favour to present me to Mr. Canning. The conversation was short, and was chiefly on America. There was a sore part in his feelings in consequence of a recent negotiation, and he betrayed it. He clearly does not love us; but what Englishman does? You will be amused to hear that, unimportant in other respects as this little conversation was, it has been the means of affecting the happiness of two individuals of high station in Great Britain. It would be improper for me to say more; but of the fact I can entertain no manner of doubt, and I mention it here merely as a curious instance of the manner in which "tall oaks from little acorns grow."
I ought to have said that two, instead of one event, followed this dinner. The second was our own introduction into European society. The how and wherefore it is unnecessary to explain, but some of the cleverest and best-bred people of this well-bred and clever capital took us by the hand, all "unlettered" as we were, and from that moment, taking into consideration our tastes and my health, the question has been, not how to get into, but how to keep out of, the great world. You know enough of these matters, to understand that, the ice once broken, any one can float in the current of society.
This little footing has not been obtained without some _contretems_, and I have learned early to understand that wherever there is an Englishman in the question, it behoves an American to be reserved, punctilious, and sometimes stubborn. There is a strange mixture of kind feeling, prejudice, and ill-nature, as respects us, wrought into the national character of that people, that will not admit of much mystification.
That they should not like us, may be natural enough; but if they seek the intercourse, they ought, on all occasions, to be made to conduct it equally, without annoyance and condescension and on terms of perfect equality; conditions, by the way, that are scarcely agreeable to their present notions of superiority.[6]
[Footnote 6: The change in this respect during the last ten years is _patent_. No European nation has, probably, just at this moment as much real respect for America as the English, though it is still mixed with great ignorance, and a very sincere dislike. Still, the enterprise, activity, and growing power of the country are forcing themselves on the attention of our kinsmen; and if the government understood its foreign relations as well as it does its domestic, and made a proper exhibition of maritime preparation and of maritime force, this people would hold the balance in many of the grave questions that are now only in abeyance in European politics. Hitherto we have been influenced by every vacillation in English interests, and it is quite time to think of turning the tables, and of placing, as far as practicable, American interests above the vicissitudes of those of other people. The thing is more easily done than is commonly imagined, but a party politician is rarely a statesman, the subordinate management necessary to the one being death to the comprehensive views that belong to the other. The peculiar nature of the American inst.i.tutions, and the peculiar geographical situation of the country, moreover, render higher qualities necessary, perhaps, to make a statesman here than elsewhere.]
In order to understand why I mention any other than the French, in the capital of France, you will remember that there are many thousands of foreigners established here, for longer or shorter periods, who, by means of their money (a necessary that, relatively, is less abundant with the French), materially affect society, contriving to penetrate it in all directions, in some way or other.
LETTER VII.
English Jurisprudence.--English Justice.--Justice in France.--Continental Jurisprudence.--Juries.--Legal Injustice.--The Bar in France.--Precedence of the Law.
To JACOB SUTHERLAND, ESQ. NEW YORK.
Your legal pursuits will naturally give you an interest in the subject of the state of justice in this part of the world. A correspondence like mine would not admit of any very profound a.n.a.lysis of the subject, did I possess the necessary learning, which I do not, but I may present a few general facts and notions, that will give you some idea of the state of this important feature of society. The forms and modes of English jurisprudence are so much like our own, as to create the impression that the administration of justice is equally free from venality and favour.
As a whole and when the points at issue reach the higher functionaries of the law, I should think this opinion true; but, taking those facts that appear in the daily prints, through the police reports and in the form of personal narratives, as guides, I should think that there is much more oppression, many more abuses, and far more outrages on the intention of the law, in the purlieus of the courts in England, through the agency of subordinates, than with us. The delays and charges of a suit in chancery almost amount to a denial of justice. Quite lately, I saw a statement, which went to show that a legacy to a charity of about 1000_l_., with the interest of some fourteen years, had been consumed in this court, with the exception of rather more than 100_l_. This is an intolerable state of things, and goes to prove, I think, that, in some of its features at least, English jurisprudence is behind that of every other free country.
But I have been much impressed lately, by a case that would be likely to escape the attention of more regular commentators. A peer of the realm having struck a constable on a race-course, is proceeded against, in the civil action. The jury found for the plaintiff, damages fifty pounds. In summing up, the judge reasoned exactly contrary to what I am inclined to think would have been the case had the matter been tried before you. He gave it as his opinion that the action was frivolous, and ought never to have been brought; that the affair should have been settled out of court; and, in short, left the impression that it was not, as such, so great a hardship for a constable to be struck by a peer, that his honour might not be satisfied with the offering of a guinea or two. The jury thought differently; from which I infer that the facts did not sustain the judge in his notions. Now, the reasoning at home would, I think, have been just the other way. The English judge said, in substance, a man of Lord ----"s dignity ought not to have been exposed to this action; you would have said, a senator is a law-maker, and owes even a higher example of order than common to the community; _he_ insinuated that a small reparation ought to suffice, while _you_ would have made some strong hints at smart-money.
I mention this case, for I think it rather ill.u.s.trative of English justice. Indeed, it is not easy to see how it well can be otherwise: when society is divided into castes, the weak must go to the wall. I know that the theory here is quite different, and that one of the boasts of England is the equality of its justice; but I am dealing in _facts_, and not in theories. In America it is thought, and with proper limitations I dare say justly, that the bias of juries, in the very lowest courts, is in favour of the poor against the rich; but the right of appeal restores the balance, and, in a great degree, secures justice.
In each case it is the controlling power that does the wrong; in England the few, in America the many.
In France, as you probably know, juries are confined to criminal cases.
The consequence is, a continuance of the old practice of soliciting justice. The judge virtually decides in chambers, and he hears the parties in chambers, or, in other words, wherever he may choose to receive them. The client depends as much on external influence and his own solicitations, as on the law and the justice of his case. He visits the judge officially, and works upon his mind by all the means in his power. You and I have been acquainted intimately from boyhood, and it has been my bad luck to have had more to do with the courts than I could wish; and yet, in all the freedom of an otherwise unfettered intercourse, I have never dared to introduce the subject of any suit in which I have been a party. I have been afraid of wounding your sense of right, to say nothing of my own, and of forfeiting your esteem, or at least, of losing your society. Now had we been Frenchmen, you would have expected me to _solicit_ you; you would probably have heard me with the bias of an old friend; and my adversary must have been a singularly lucky fellow, or you a very honest one, if he did not get the worst of it, supposing the case to admit of doubt. Formerly, it was known that influence prevailed; bribes were offered and received, and a suit was a contest of money and favouritism rather than one of facts and principles.
I asked General La Fayette not long since, what he thought of the actual condition of France as respects the administration of justice. In most political cases he accused the government of the grossest injustice, illegality, and oppression. In the ordinary criminal cases he believed the intentions of the courts and juries perfectly fair, as, indeed, it is difficult to believe they should not be. In the civil suits he thought a great improvement had taken place; nor did he believe that there now exists much of the ancient corruption. The civil code of Napoleon had worked well, and all he complained of was a want of fitness between the subordinate provisions of a system invented by a military despot for his own support, and the system of _quasi_ liberty that had been adopted at the restoration; for the Bourbons had gladly availed themselves of all the machinery of power that Napoleon bequeathed to France.
A gentleman who heard the conversation afterwards told me the following anecdote. A friend of his had long been an unsuccessful suitor in one of the higher courts of the kingdom. They met one day in the street, when the other told him that an unsealed letter, which he held in his hand, contained an offer of a pair of carriage-horses to the wife of the judge who had the control of his affair. On being told he dare not take so strong a step, M. de ----, my informant, was requested to read the letter, to seal it and to put it in the _boite aux lettres_ with his own hands, in order to satisfy himself of the actual state of justice in France. All this was done, and "I can only add," continued M. de ----, "that I afterwards saw the horses in the carriage of Madame ----, and that my friend gained his cause." To this anecdote I can only say, I tell it exactly as I heard it, and that M. de ---- is a deputy, and one of the honestest and simplest-minded men of my acquaintance. It is but proper to add, that the judge in question has a bad name, and is little esteemed by the bar; but the above-mentioned fact would go to show that too much of the old system remains.
In Germany justice bears a better name, though the absence of juries generally must subject the suitor to the a.s.saults of personal influence.
Farther south, report speaks still less favourably of the manner in which the laws are interpreted; and, indeed, it would seem to be an inevitable consequence of despotism that justice should be abused. One hears occasionally of some signal act of moderation and equity on the part of monarchies, but the merits of systems are to be proved, not by these brilliant _coups de justice_, but by the steady, quiet and regular working of the machine, on which men know how to calculate, in which they have faith, and which as seldom deceives them as comports with human fallibility, rather than by _scenes_ in which the blind G.o.ddess is made to play a part in a _melodrama_.
On the whole, it is fair to presume that, while public opinion, and that intelligence which acts virtually as a bill of rights, even in the most despotic governments of Europe, not even excepting Turkey, perhaps, have produced a beneficial influence on the courts, the secrecy of their proceedings, the irresponsible nature of their trusts (responsible to power, and irresponsible to the nation), and the absence of publicity, produce precisely the effects that a common-sense view of the facts would lead one who understands human nature to expect.
I am no great admirer of the compromising verdicts of juries, in civil suits that admit of a question as to amounts. They are an admirable invention to settle questions of guilty or not guilty, but an enlightened court would, nine times in ten, do more justice in the cases just named. Would it not be an improvement to alter the present powers of juries, by letting them simply find for or against the suitor, leaving the damages to be a.s.sessed by regular officers, that might resemble masters in chancery? At all events, juries, or some active subst.i.tute, cannot be safely dispensed with until a people have made great progress in the science of publicity, and in a knowledge of the general principles connected with jurisprudence.
This latter feature is quite peculiar to America. Nothing has struck me more in Europe than the ignorance which everywhere exists on such subjects, even among educated people. No one appears to have any distinct notions of legal principles, or even of general law, beyond a few prominent facts, but the professional men. Chance threw me, not long since into the company of three or four exceedingly clever young Englishmen. They were all elder sons, and two were the heirs of peers.[7] Something was said on the subject of a claim of a gentleman with whom I am connected to a large Irish estate. The grandfather of this gentleman was the next brother to the inc.u.mbent, who died intestate. The grandson, however, was defeated in his claim, in consequence of its being proved, that the ancestor through whom he derived his claim was of the half-blood. My English companions did not understand the principle, and when, I explained by adding, that the grandfather of the claimant was born of a different mother from the last holder in fee, and that he could never inherit at law (unless by devise), the estate going to a hundredth cousin of the whole blood in preference, or even escheating to the king, they one and all protested England had no such law! They were evidently struck with the injustice of transferring property that had been acquired by the common ancestor of two brothers to a remote cousin, merely because the affinity between the sons was only on the father"s side although that very father may have acc.u.mulated the estate; and they could not believe that what struck them as so grievous a wrong, could be the law of descents under which they lived. Luckily for me, one learned in the profession happened to be present, and corroborated the fact. Now all these gentlemen were members of parliament; but they were accustomed to leave legal questions of this nature to the management of professional men.
[Footnote 7: This absurd and unaccountable provision of the common law has since been superseded by a statute regulating descents on a more intelligible and just provision. England has made greater advances in common sense and in the right, in all such matters, within the last five years, than during the previous hundred.]
I mentioned this conversation to another Englishman, who thought the difficulty well disposed of by saying, that if property ever escheated in this manner, I ought to remember, that the crown invariably bestowed it on the natural heir. This struck me as singular reasoning to be used by a people who profess to cherish liberty, inasmuch as, to a certain degree, it places all the land in the kingdom at the mercy of the sovereign. I need not tell you, moreover, that this answer was insufficient, as it did not meet the contingency of a remote cousin"s inheriting to the prejudice of the children of him who earned the estate. But habit is all in all with the English in such matters; and that which they are accustomed to see and hear, they are accustomed to think right.
The bar is rising greatly in public consideration in France. Before the revolution there were certain legal families of great distinction; but these could scarcely be considered as forming a portion of the regular pract.i.tioners. Now, many of the most distinguished statesmen, peers, and politicians of France, commenced their careers as advocates. The practice of public speaking gives them an immense advantage in the chambers, and fully half of the most popular debaters are members who belong to the profession. New candidates for public favour appear every day, and the time is at hand when the fortunes of France, so lately controlled by soldiers, will be more influenced by men of this profession than by those of all the others. This is a great step in moral civilization; for the country that most feels the ascendancy of the law, and that least feels that of arms, is nearest to the summit of human perfection. When asked which profession takes rank in America, I tell them the law in influence, and the church in deference. Some of my moustachoed auditors stare at this reply; for here the sword has precedence of all others, and the law, with few exceptions, is deemed a calling for none but those who are in the secondary ranks of society.
But, as I have told you, opinion is undergoing a great change in this particular. I believe that every efficient man in the present ministry is, or has been, a lawyer.
LETTER VIII.
Army of France.--Military Display.--Fete of the Trocadero.--Royal Review.
--Royal Ordinance.--Dissatisfaction.--Hostile Demonstration.--Dispersion of Rioters.--French Cavalry.--Learned Coachman.--Use of Cavalry.--Cavalry Operations.--The Conscription.--National Defence.--Napoleon"s Marshals.
--Marshal Soult--Disaffection of the Army.
To COL. BANKHEAD, U.S. ARTILLERY.