of fire, and a man on fire at the top, who in the very form in which he lived." Faustus leaped down; and there immediately ap- rejoined that it was out of his power truly to peared a number of globes here and there raise the dead, but that he had spirits at his red-hot, while the man on fire went and came command who had often seen that great conto every part of the circle for a quarter of an queror, and that Faustus would willingly hour. At length the devil came forward in place him before the emperor as he required. the shape of a gray monk, and asked Faustus İle conditioned that Charles should not speak what he wanted. Faustus adjourned their fur- to him, nor attempt to touch him. The emther conference, and appointed the devil to peror promised compliance. After a few. come to him at his lodging.

ceremonies, therefore, Faustus opened a door, He in the mean time busied himself in the and brought in Alexander exactly in the form necessary preparations. He entered his study in which he had lived, with the same garat the appointed time, and found the devil (ments, and every circumstance correspondwaiting for him, Faustus told him that he ing. Alexander made his obeisance to the bad prepared certain articles, to which it was emperor, and walked several times round necessary that the demon should fully accord, him. The queen of Alexander was then in-that he should attend him at all times, troduced in the same manner. Charles just when required, for all the days of his lite; then recollected he bad read that Alexander that he should bring him every thing he had a wart on the nape of his neck; and wanted; that he should come to him in any with proper precautions Faustus allowed the shape that Faustus required, or be invisible; emperor to examine the apparition by this and Faustas should be invisible too whenever test. Alexander then vanished. he desired it; that he should deny him no. As Faustus was approaching the last year thing, and answer him with perfect veracity of his term, he seemed resolved to pamper to every thing he demanded. To some of his appetite with every species of luxury. these requisitions the spirit could not consent, He carefully accumulated all the materials of without authority from bis master, the chief voluptuousness and magnificence. He was of devils. At length all these concessions particularly anxious in the selection of wowere adjusted. The devil on his part also men who should serve for his pleasures. He prescribed liis conditions. That Faustus had one English woman, one Hungarian, one should abjure the Christian religion and all French, two of Germany, and two from difreverence for the supreme God; that he ferent parts of Italy, all of them eminent for should enjoy the entire command of his at the perfections which characterized their diftendant deinon for a certain term of years; ferent countries. and that at the end of that period the devil! At length he arrived at the end of the term should dispose of him, body and soul, at his for which he had contracted with the devil. pleasure [the term was fixed for twenty-four For two or three years before it expired his years); that he should at all times steadfastly character gradually altered. He became subrefuse to listen to any one who should desireject to fits of despondency, was no longer to convert him, or convince him of the error susceptible of mirth and amusement, and reof his ways, and lead him to repentance; that flected with bitter agony on the close in Faustus should draw up a writing containing which the whole must terminate. He assemthese particulars, and sign it with his blood; bled his friends together at a grand entertainthat he should deliver this writing to the ment, and when it was over, addressed them, devil, and keep a duplicate of it himself, that telling them that this was the last day of his so there might be no misunderstanding. It life, reminding them of the wonders with was further appointed by Faustus, that the which he had frequently astonished them, devil should usually attend him in the habit and informing them of the condition upon of a cordelier, with a pleasing countenance which he had held this power. They, one and an insinuating demeanor. Faustus also and all, expressed the deepest sorrow at the asked the devil his name, who answered that intelligence. They liad had the idea of somehe was usually called Mephistophiles.

thing unlawful in bis proceedings; but their Numerous adventures of Faustus are re- notions had been very far from coming up to lated in the German histories. It is said that the truth. They regretted exceedingly that the emperor Charles V. was at Inspruck, at he had not been unreserved in his communia time when Faustus also resided there. His cations at an earlier period. They would courtiers informed the emperor that Faustus have had recourse in his behalf, to the means was in the town, and Charles expressed a de- of religion, and have applied to pious men, sire to see him. He was introduced. Charles desiring them to employ their power to interasked him whether he could really perform cede with Heaven in his favor. Prayer and such wondrous feats as were reported of penitence might have done much for him ; him. Faustus modestly replied, inviting the and the mercy of Heaven was unbounded. emperor to make trial of his skill. “Then,” They advised him to still call upon God, and said Charles, “ of all the eminent personages endeavor to secure an interest in the merita I have ever read of, Alexander the Great is of the Saviour. the man who most excites my curiosity, and Faustus assured them that it was all in whom it would most gratify my wishes to see. vain, and that his tragical fate was inevitable.

VOL. V.-NO, II.-12

The bells before me ring aloud,
A an for the live and bold;
The bells behind are tolling low,

A requiem for the dead and cold.

The crowd before me tramp away,

And shout until the winds are stirred; The crowd behind no longer move,

And never breathe a single word. Before me many moan, and weep:

Belind, there is not one who grieves ; For blight but wastes the standing wheat,

It cannot touch the garnered sheaves !

He led them to their sleeping apartment, and recommended to them to pass the night as they could, but by no means, whatever they might happen to hear, to come out of it; as their interference could in no way be beneficial to him, and might be attended with the most serious injury to themselves. They lay still, therefore, as he had enjoined thein; but not one of them could close his eyes. Between twelve and one in the night they heard first a furious storm of wind round all sides of the house, as if it would have torn away the walls from their foundations. This no sooner somewhat abated, than a noise was heard of discordant and violent hissing, as if the house was full of all sorts of venomous reptiles, but which plainly proceeded from Faustus's chamber. Next they heard the doctor's room-door vehemently burst open, and cries for help uttered with dreadful agony, but in a half-suppressed voice, which presently grew fainter and fainter. Then every thing became still, as if the everlasting motion of the world was suspended.

When at length it becamne broad day, the students went in a body to the doctor's apartment. But he was nowhere to be seen. Only the walls were found smeared with his blood, and marks as if his brains had been dashed out. His body was finally discovered at some distance from the house, his limbs dismembered, and marks of great violence about the features of his face. The students gathered up the mutilated parts of his body, and afforded them private burial at the temple of Mars, in the village where he died.

The gray old Earth goes on

At its ancient pace,
Lifting its thunder voice
In the choir of Space;

And the Years, as they go,

Are singing slow,
Solemn dirges, full of woe!
Tears are shed, and hearts are broken,
And many bitter words are spoken,

And many left unsaid;
And many are with the living,

That were better-better dead!
Tyrants sit upon their thrones,
And will not hear the people's moans,

Nor hear their clanking chains;
Or if they do, they add thereto,

And mock, not ease, their pains:

But little liberty remains
There is but little room for thee,
In this wide world, O Liberty !
But where thou hast once set thy foot,

Thou wilt remain, though oft unseen:
And grow like thought, and move like wind.
Upon the troubled sea of Mind,

No longer now serene,
Thy life and strength thou dost retain,
Despite the cell, the rack. the pain,
And all the battles won--in vain!
And even now thou seest the hour
That lays in dust the tyrant's power,
When man shall once again be free,
And Earth renewed, and young like thee,

O Liberty! O Liberty !



WITHOUT, the winds of Winter blow:

WV Withont, the Winter sifts its snow:
Within, the hearths are warm and bright,
And all the chambers full of light.
And we again are gathered here,
To greet the advent of the year.
Pile on the wood, and stir the fires,
And in our souls the sweet desires :
And let us frame a mingled rhyme,
To suit the singers and the time;
With different stops, and keys of art,
In quaint old measures, got by heart.

By the rolling waves I roam,

And look along the sex,
And dream of the day and the gleaming sail,

That bore my love from me.
His bark now sails the Indian seas,

Far down the summer zone :
But his thonghts, like swallows, fly to me

By the Northern waves alone.
Nor will he delay, when winds are fair,

To watt him back to me;
But haste, my love! or my grave will be made

By the sad and moaning sea!

I OFTEN wish that I could know

The life in store for me,
The measure of the joy and woo

Of my futurity.
I do not fear to meet the worst

The gathering years can give;
My life has been a life accurst

From youth, and yet I live;
The Future may be overcast,
But never darker than the Past!
My mind will grow, as years depart

With all the wingéd hours;
And all my buried seeds of Art

Will bloom again in flowers;
But buried hopes no more will bloom,

As in the days of old;
My youth is lying in its tomb,

My heart is dead and cold!
And certain sad, but nameless cares
Have flecked my locks with silver hairs!
No bitter feeling clouds my grief,

No angry thoughts of thee;
For thou art now a faded leaf

Upon a fading tree.
From day to day I see thee sink,

From deep to deep in shame;
I sigh, but dare not bid thee think

Upon thine ancient fame-
For oh! the thought of what thou art
Must be a hell within thy heart!
My life is full of care and pain

My heart of old desires :
But living en bers yet remain

Below its dying fires;
Nor do I fear what all the years

May bave in store for me,
For I have washed away with tears

The blots of Memory:
But thou-despite the love on high-
What is there left thee but to diel

WHEAT AND SHEAVES. BEFORE me now the village stands,

Its cottages embowered in bloom : Behind me lies the burying ground,

Its sepulchres in cypress gloom.


MR. JUSTICE STORY, WITH SOME REMI-(Heaven knows) “frays” in this city numerous NISCENT REFLECTIONS*

enough for any ambitious surgical eagerness.

But for the aspiring attorney where are BY A. OAKEY HALL.

the avenues open for gratuitous action? Do THE hurrying pedestrian in Wall-street, or

merchants nail up promissory notes upon awn

ing posts for attorneys to seize and put in I in some of its bisecting avenues of com

suit? What “old nobs” of Wall-street are mercial bustle, if he have time to glance over

willing to put themselves “in chancery” to his shoulder, is sure to observe a freshly-paint

oblige Hopper Tape, Esq., your humble ated piece of tin (its brief rhetoric revelling in the pride and pomp of gold leaf alphabeti

tendant upon the — steps of the City Hall?

| Where are the courts possessing suits withcally shaped), denominated by lawyers “ a

out counsel ? shingle"---setting forth that some sanguine

We may be told of unfortunate wretches gentleman has then and there established

who murder in drunken fits to whom counhiinself as an Attorney and Counsellor at Law.

sel are assigned. But what are ten crusts of The sign is by the front door, shining with

bread per annum among a thousand hungry self-conceit at the passers by; and its owner

dogs ? is op some weary stairway, yawning over

Thou must face the truth, young college "twice told tales” of legal lore, copying pre-l boy, who now and then dost stroll into courtcedents for the sake of practice, or keeping

or keeping rooms, or who dost lounge away an hour in hope alive upon the back benches of the

es of the a friend's law office adıniring his books and court-rooms in listening to the eloquence of

ing to the eloqnence of piles of papers—thinking the while of the his seniors while he is waiting for clients. time when thou wilt have graduated and ob

Heaven help many a young attorney in this tained permission to hang up thy pomp-gild"babel" of inoney-getting. The race should

ed shingle:” thou must face the truth! The be prayed for in churches: and it should meet

counsel who so attracts thy admiration, in with a consideration as nearly divine as mor

thy court-room lounging, has fought weary tals can call up from crowded heart-chambers.

years with myriad obstacles; there are the Well: the sign keeps Dailed up: and by ashes of many nights and days of toil and and by the sun blisters it, and dries out the

the struggle sprinkled upon his hair; he has pomp of the gilded letters, and perhaps the fought his way (from where thou sittest a owner yawns over his one case, or sitting | listener to where he stands a speaker), as if upon a front bench in the court-room while throngh a

through an Indian gauntlet file. There were case number thirty is being beard, waits for a hundred mouths waiting for the first crumbs case nine hundred and thirty, against which

which came to his impatient legal digestion ; on the calendar that is reposing by the side

and a hundred envious heads and hearts to of the complaisant clerk in the corner, his

worry him if possible into a dyspepsia over name is placed as coupsel-shining there like

those crumbs. He has began with an office & pebble on a wide and extended beach.

in a fifth story, and climbed down towards the The Physiology of the Medical Student

street. He commenced to hive his honey from facetious peas was reached to us over the

near the roof! While out of his office he Atlantic by friendly booksellers some years

climbed a professional ladder, the holding on ago; and we should have had by this time

to which tasked all his powers of physical, "the Physiology of the young Attorney."|

mental, and pecuniary endurance. Face the He is a good subject for dissection; there's plenty of venous humor in his composition; Reach me yonder diary and legal register. and oh! a deal of nerve!

Two thousand practising lawyers in the city Talk of exploring expeditions to the Arctic of New-York! Out of these one hundred regions as offering specimens of courage and

dare “notables ;" fifty are “distinguished;" prowess; or of scientific excursions into the

twenty-five are eminent. wilds of Africa to the same purport! These

A large body of them are "conveyancers” instances are trivial compared to the courage

growing thin in person and thinner in mind and prowess yearly displayed by hundreds of

over deeds and titles; a larger body " attorattorneys who plunge into the ocean of liti

neys"-getters up and supervisors of suits gation in order to swim towards the distant

providers of ammunition for " distinguished buoys which the sun of prosperity always counsel” to discharge with loud reports (the cheers with enlivening beams.

said counsel brilliant by the flash: the attorDon't waste sympathy in this connection

on ney obscured in the smoke); many, very for the young Sawbones. His thirst for ac

C-many, chained to“ larcenies” at the Sessions, tion can be slaked at pauper fountains. For "landi

'/ "landlord dispossessions" at the Marine Court, him the emigrant's chamber, the cabin of the

suits on butcher's bills at Ward Courts, or arriving ship, the dispensary, the asylums,

“malicious prosecutions” in the Common the hospitals, and the poor-houses, are always Pleas open; and if his “soul be in arms," there are! Yet there are hundreds of coral reefs and

* Life and Letters of Joseph Story, Associate Justice of pearls for persevering divers in this ocean the Supreme Court of the United States, an] Dane profes

of litigation. Three thousand pending cases for of law at Harvard University. Edited by his son, Williarn W. Story. Two vols. Boston: Little & Brown, 1861./ every month are three thousand nutshells

where the meat is often fresh and oily, even trail of the valuable fugitive from justice, with the weary keeping on the calendar for then he is a happy man, and is in the fair way months and years. There are some counsel of soon becoming a monopolist himself. who pocket fees and costs to the tune of twen- Any juryman of two years' standing will ty thousand a year. We know many a Quirk, corroborate our statement as to the openness Gammon and Snap, who realize an undoubted of the field of legal advocacy. How often - ten thousand a year," with no Tittlebat Tit- has he seen cause after cause “set down," mouse for a standing annoyance. And we “reserved,” or “ put off," because counsel can taper off on the finger many who do not are engaged elsewhere? How often has he realize five hundred a year, and work like ne- heard the same advocate in four or five causes gro slaves at that: they are continually rough in the same week, in the same court, changhewing, but no divinity shapes their ends. I |ing positions like the queen of an active chess

Five years of “starvation," and five more board ; profiting his fame and pocket by years of toil and trouble, constitute the depth means of only a hurried glance at the elaboof a lawyer's slough of despond in New- rate brief which his junior has “ got up" for York; to say nothing of the giants' castles | him? to storm upon the way, or the fights with the Some one has said that the barrister works Apolyons of Envy. Obviously so!

hard, lives well, and dies poor. Regarding A man now-a-days will let a young Saw- the first two conditions of his life there is litbones advise ice for his child's croup, or even tle doubt upon the question of truth; the dyexperiment with his own much-alused liver, ing in poverty may be problematical. Yet in when he would not intrust a young attorney a recent print, professing to furnish a list of with the suing a note where ten witnesses wealthy tax-payers, the list contained four saw the note signed and the “consideration lawyers, and only one was a barrister. The money" paid over. And if the public really instance proves little, for a lawyer may be knew how much danger their pockets were very rich and yet pay no taxes. The assesin when the “buttons" were under the control sors may fight shy of his bell-pull as they go of inexperienced lawyers, the number of their rounds, because of his penchant to find bistarvers" would be doubled. What “emi-flaws in their actions and bring them otficial nent” lawyer is there who does not look back discredit in an apparently laborious task, but to the “practice" of his youth, in perfect ter- in reality a sinecure of an employinent. ror to witness the mistakes he made, as the We have often asked ourselves it barristers belmsman, who has scudded through the have stomachs. Bowels of compassion they breakers to the open sea, glances back at the have not, that is certain; but have they stodangers he escaped ?

| machs ? Say nine times in a year they dine The young lawyers of a year back are, at the same hour of the day; and then spoon however, five years—perhaps ten-in ad-their soup with the blood all drawn from the vance of the lawyers of this year's growth. digestive apparatus to feed the brain. Yet The latter have greater rivalry in the hordes they eat like aldermen and drink like German of practitioners from the interior whom the princes.... "new code" have driven from their trespass This much of idle reverie, as, with pen in quare clausum fregit into the city. Many of hand, we laid down the two bulky and elabothem, too, were men of mark in their ports of rately-published volumes whose title we have departure, bold and confident in their new taken as text; this much of glance at the haven!

condition of the young and old advocate of One field, however, in the legal township | to-day, before we digest our reflections upon of this city, offers room upon its face for the advocate and jurist of the past. tillers—the field of advocacy! It is ploughed. It was our privilege in our legal povitiate by some twenty or thirty, and harrowed by (this is but a phrase ; for a lawyer is always some fifty or sixty. There are a dozen whom in his novitiate) to have been, at the Camthe ghosts of Nisi Prius flock to hear upon bridge Law School, a pupil of Mr. Justice great occasions. And these will long hold Story; and thus to have drank at the very the monopoly.

fountain head of constitutional law-that Why?

branch of our national jurisprudence which Because the advocate and barrister must can least fluctuate. Judges of a day and not have had vast experience at Nisi Prius (or the of a generation, or crazy legislators with spascourt where matters of fact are investigated modic wisdom, may alter, and overturn, and by judge and jury); have acquired a practised mystify by simplification, the laws and usages tact; have had opportunities of testing their of every-day life; but it is scarcely to be apown calibre to know if they are fitted for prehended that the current of our constituemergencies as the gunsmith tests his bar- tional law will ever be diverted from original rels before he “stocks" them. And the channels. There is danger rather of its being young lawyer has small opportunity afforded dammed into stagnation. him to acquire this tact—to permit this test- While fully aware of his faults and foibles ing. If he can play “devil" for a few years as a man, and his idiosyncracies as a judge to some barrister of extended practice, or and a legal writer, we have never wavered scent" occasions" like a blood-hound on the in loyalty to his judicial majesty, or found a

flaw in the regard we paid to his memory. I always gave the honor himself to Story; And no book was more welcome to Zimmer- while the latter always declared that the for- . man in his solitude than these volumes re- mer won the just meed of his genius and garding the illustrious judge, prepared by his scholarship sod, were welcome to our Christmas-holiday Their graduation was in the summer of leisure.

| 1798: and immediately upon quitting college Joseph Story was the eldest of eleven chil- Mr. Story commenced the study of the law dren, and lived to be indeed the “ Joseph" with Mr. Samuel Sewall, afterwards Chief Jusof mark and renown to his father and bro- tice in the Supreme Court of Massachusetts. thers. He was born in Marbleliead, Septein- Fourteen hours a day was over liis quantuin ber 18th, 1779. His father was a physician, of study. Although sometimes disheartened, and served during a portion of the Revolution he never surrendered his determination to as army surgeon. lle died when the future master the elements and details of his new judge was twenty-six years of age : yet what profession. the son then was is best told by one sentence Studying law in those days was a far diffrom the father's will-after making his wife ferent thing from its reading now. Then it sole executrix, he recommends her to his son was multum : now it is multa. No copious Joseph, adding, “ and although this perhaps indexes and multifarious treatises were countis needless, I do it to mark my special conti-ed by thousands: no digests (directories to dence in his affections, skill, and abilities,” the streets, the avenues, the fountains and the From the father, our lawyer thus panegyrized | temples of the science), abounded by scores. received friendly geniality and broad under- Libraries were carrierl about in wheelbarrows standing; from the mother, indomitable will, and not in processions of vans, when the invigor and enthusiasın.

exorable moving day came around. Learned Habit of observation and desire of know-judges were not then compelled to hold courts ledge were the prominent attributes of his in remote villages (resorting hereby to a coup childish character; nevertheless lie was ar- de loi), in order to escape the cacoethes lodent in all the sports of boyhood. To the quendi of case lawyers and presuming junilast he maintained a regard for his honor, ors. Legal lore was builded up like the maswhich induced him while yet a lad, and under sive stone and hard grained mortar of the promise not to divulge the name of a school- edifices of that olden time-slowly, carefully, mate offender, to receive a severe flogging but lastingly; not as are builded now the rather than to yield up his knowledge upon brick and stuccoed inansions of the snob and the subject. At the age of sixteen, in the parvenu. Not that abounding treatises and midst of a Freshman term at Harvard College, familiarizing digests forbid the idea of the he thought of matriculation ; but upon in- perfect lawyer now-a-days : only that to-day quiry learned that he must not only be ex- the law student in the midst of a large library amined upon the works of ordinary prepara- stands niore in need (when thinking of the tory reading, but that it was necessary for otium which accompanies certain dignity), to him to expect a call upon the volumes which utter the ejaculation, “ lead us not into temphis class had dispatched during the past half tation"-the temptation of possessing that year. At first he was daunted, but remem- knowledge which teaches where to seek for bering there yet remained six weeks of vaca-l information, and not the kind which is infortion, he addressed himself to the necessary mation of itself. labor—the severity of which is best evidenc- In 1801 Mr. Story came to the Salem bar ed by the fact that in the short time above while at the age of twenty-two. After being mentioned he read Sallust, the odes of Ilor- three years at practice he married his first ace, two books of Livy, three books of the wife, who died within two years afterward, Anabasis, two books of the Iliad, and certain plunging him into the deepest grief. DuEnglish treatises. This sounds like the rail-ring his courtship he dabbled (as almost every road instruction now much in vogue; but its young lawyer does until he finds that clients effects were permanent in value upon his are severe critics) in poetry, and wrote a mind. Few readers of his works will accuse didactic poem of two parts in heroic verse, him of a want of proficiency in Latin! But entitled “The Power of Solitude.” Adoptthe often reading—the saepe legendo was ing the criticism of the biographers—its proever his habit: for he remembered the cou- minent detects were exaggeration of feeling, plet:

confusion of imagery, want of simplicity of Gutta cavat lapidem non vi sed saepe cadendo expression, stilted and artificial style. But

Sic homo fit doctus non vi sed saepe legendo. though dull as a poem, it shows facility and He passed muster with the college tutors talent for versification, breathes a warm asin January, 1795. Among his classmates were piration for virtue and truth, and is creditathe (afterwards Reverends) Dr. Tuckerman ble to the scholarship of its author. and Wm. E. Channing to the genius and After the loss of his wife be sought relief character of the latter of whom he always from painful thoughts in the laborious duties bore the inost euthusiastic and hearty testi- of a large and increasing business. His posimony. Indeed he contested with Channing tion at the bar was prominent, and he was for the highest honor. Channing won it, but l engaged in nearly all the cases of importance.

« VorigeDoorgaan »