North Carolina Newspapers

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;YQL. t. ; V ; , - iiAI.KI nil. NolMH I'UI'il.INV. SATURDAY, MARCH 6, 1852. No. ,' r
SELECTED - I ARTICLES. -
From Ciiraber's Edinburg Journal.
EVERY MAN HIS OWN LAWYER.
. f 4 ' REMINISCENCES 0?.-AN ATTORNEY.
.A smaktkk trar," a keener appreeiator of the
piwlenries to a rise or fall in colonial produce
-t?uarH more especially than. John Linden, of Min-J
ciii'- Lane, It w ould have been difficult to point out
hvthe Avide citv of London. He was not so ira-
inen.-elv rich, as many others engaged in the samei
in:rchantTtatic as himself ; nothing at all like it,
i'ndeed,- forL,iloubttl.iat lie could at any time have
b'c-ri esteemed' worth more than from eighty to
.iiim-ty thousand pounds ; but' his; transactions, al
though limited in extent, when compared with
those of the mammoth colonial houses, almost al
ways returned more 01; less of profit; the result of
hii remarkable keenness and sagacity in scVnting
luirricaiies., Hack msurreqtions, -and emancipation
bills, wjiilsfyet inappreciable,. ot deemed afar off,
ty less -sensitive organizations, j At least to this
wonderful prescience of future sugar-value;did Mr,
Linden himselCttribute his rise in the world, and
gradual increase' in rqtundity, riches, and respect
ability, Tbis constant success engendered; as it is
! too 'apt to dp, inordinate eotism, conceit, self-esteem
" antl vanity. There was scarcely a social, governmen
tal or economical problem v hichne did not believe
' himself capable of sohitig as easily as he could eat
his dinner whenluinry. Common-sense business-habits-his
favoritulplirase he believed to be quite
-sufiicient for'tli4 eRiciUatioif-f. the most difficult
."question in law, .especially," he held to be an alpha
bet which any manf-of , common-sense and busi-jiessdiabits-could
as easily master as he could
count five oA his fingers ; and. there was no end to
his ridicule of the men wi th horse-hair head-dresses,
and their quirks, quiddits,,ces, tenures, and such
like devil's lingo. Lawyers, iccoEtling to him, were
a set f thorough "humbugs and impositorsl who
gained their living by false pretense that of afford-'ing-advice
and counsel, which -every sane man
could better render himself. He was unmistaka
bly mad uponthis subject, and he: carried his in
saie theory into practice.- He drew his envn leases,
exanjined the titles-of some hotise-jiroperty he pur
cfl,rised,!and set hk hand and seal to the fiinal deeds,
Oncehe bid, at the Auction Mart, as high as fifty
three 1; thousand pounds for the Holmford estate,
Jlerefordsbire ; and had he not been outbidden by
young' raDiser, son of the then recently deceased
eminent distiller, who was eager to obtain the prop
erty, with5. a view to a seat in parliament,, which its
.. possession Avas said to almost insure he would, I
had not at the time the slightest doubt, have com
pleted the purchase, - without for a moment dream
ing of submitting the vender's title to the scrutiny
of a professional -adviser. Mr. Linden, I should
mentioniad been for some time ' desirous of re
signing his 'business m Mincing Lane to his son,
Thomas Linden,' the only.child born to him by his
'long-since deceased wifc, arid of retiring, an estat
cd squirearch,-to tile' otium cum.f or sine digniiate,
as the case might be, of a country life; and this
.disposition had' of late been much quickened by
daily -increasing apprehensrona of negro etnancipaT
tion and. revolutionary interference with differential
duties- changes Avhh, in canjunction Avith others
. of similar cha?racter,fwould mfallibly -bring about
that utter commercial ruin which Mr. Linden, like
every other rich and about-to-retire merchant or
tradesman -hom I have -ever known, constantly
prophesied td be Jiear. at hand, find ineA'itable.
; .With sucli'a gentleman the firm of Flint &S.harp
had only professioriatintervieATS, when procrastinat-
j i rig or . dovibtfnl debtors required that he should put
Ypii'ine sercAv-f-a process Avhicii i have no doubt lie
: would himself have Confidently performed, but for
the waste'of yaluiible time whi(h doing so Ayould'
neeessarrly iiwolve. 'Both, Flint aiid inyself 'were,
hoAverer, "privately intimate Avith him Flint more
. especially, Avho had known him ttoiii Imhood
ana Ave irequentiy amea w.it n. lniiv on a Sunday at
his little box - at Fulham. Latterly; Ave had oil
tliese occasions met 'there: a Mr.s. Arnold and her
daughter Catherine an apparently amiable, and
Certainly veiy pretty aud interesting young person,
,to whom,? MrVLinden contideiitially: informed us,
Jus son Tom liad been for some time enframed
" l. don't know much about her family j" obsem
:d Mr. Lindei one day, v the course ot a gossip
at the office,." but sho moves in .very . respectabfe
society. Toin met her at jthe Slades ;" but I do
know she lias something like thirty-five thousand
pounds inMhe -funds,' The instant I AA-as informed
hy matters5 stood with - the young folks, I, as a
natter of coin nion sense arid business, asked the
ijiothcf, Mrs. Arnokl, for ft reference to a banker or
s solicitor there beinV
lio doubt that a Avoman and
K minor woufd beliu liiAvvers' leading-strings and
.1
ae referred me to
essfs. Dobsoh of Chancery
Lane. You know tlie Dobsons I
' lVrfectly; what pas the reply?" :
That Oathecine ArnolVl, Avhen she came of age
-it wants, but a very shirt time of that hoav-
would be entitled to the capital of thirty -four thou-
pana seven hunarevl xunds, bequeathed by an un-
- cle, and bow lotlgetl in .the funds in the names of
the trustees, CrowtheS Jenkins of Leadeuhall-1
, street, by whom1 the interest on that sum av as reg
ularly ptud,. half-yearly, through! the Messrs. Dob
. .son, for the maintenance and education of the heir
less. A common-sensebusiiiess-like letter iu ev-
- ryv respect, and extremely satisfactory : and as
; soon as he please, after Catherine Arnold comes
of age, and, into, actual; possession of her fortuue,
v Tom may have her with my blekings over the
. bargain." . . -iJ- -i
,1 dined at. Laurel Villa, Fullm, about two
months afterthis conversation, ! and Linden and-I
, - found ourselves alo'ne over the dessert the youno
" peoples having goae out forr attracted doubt
llesby- the gay aspect of the Thame, which flowspast
the miniature grounds attached to the villa" Nev
er had I seen Mr: Linden iu so. gay, so mirthful a
. mood. '" ', ' ?,;
- ." " liss the decanter," he exclaimed, the instant
therdoor had closed upoil Tom and his financee.
r'assthe decanter, Sharp ; I have ucavs for, jou,
' my boy, noAy they are gone."
; "Indeed ; and what may the news :be V
:.- . " Fill, a buinper for yourself, and Til give you a
toast, i Here's to the health and prosperity of the
: Holmford estate ; and may he Uve a thousaud years
-.-".--.ana one over I Ilip--hip i-hurra I
He swalloAved his glass of wine, and then, in his
intensity of glee, laughed himself purple.
. " You needn't stare so," he-said, ;as soon as he
had partially recovereil breath ; " I am the proprie
tor of the Holmford property bought it for tifty
&ix thousand pousds of that young scant grace and
spendthrift,; Palliser-r-fifteen thousand pounds less
than Avhat it cost him, with the outlay he lias made .
Upon it. Signed, sealed, deliA-ered, paid for yester
day. Ila! ha! ho! Leave John Linden alone
for a bargain ! It's worth seventy thousand pounds
if it's worth a shilling. I say," continued he, after
a reneAved spasm of exuberent mirthv"not "a Avord
'about it to anybody mind I promised Pallise'r,
Avho is quietly packing up to be off to Italy, or
'Australia, or-Constantinople, or the devil all of
them, perhaps, in succession- not to mention a
Avord about it till he Avas avcII otf you understand ?
Ila! 'ha!4-ho! ho!" again burst out Mr. Linden.
" I pity the poor creditors though ! ' L'less you !
I couldn't have had it at any thing like the price,
only for his knoAving .that I Avas not likely to b.e
running about exposing the affair, by asking laAv
yers Avhether an estate in a famih possession, as
this yvas in Dursley's for tliree hundred years, had a
good title or not. So be careful not to drop a
Avokl, even toTom for my honor's sake. A de
licious bargain and no mistake ! Worth, if a pen
ny, seventy thousand pounds! 11a! ha! ho!
ho!" ' - j!;
"Then you haA'e really parted with that enor
mous sum of money Avithout having had the title
to the estate professionally examined ?" -.'"Title!
Fiddlestick! I looked OAer the deeds
myself. liesides, havn't I told you vthe ancestors of
Dursley, from Avhose executors I'alTiser purcluised
the estate, AA-ere in possession of it for centuries
What better title than prescription can there be V
"That may be true enough ; bustill"
" I ought, you think, to haAre rjsked losing the
bargain by delay, and have squandered time and
money upon-felloAvs in horse-hair Avigs, in order to
ascertain what I sufficiently wl kneAV already ?
Pooh ! I. am not in my second childhood yet !"
It Avas useless to argue Avith him ;, besides the
mischief, if mischief there Avas, had been done, and
the not long delayed entrance of the young couple
necessitating a change of topic, I innnocently
inquired what he thought of the Negro Emancipa
tion Bill which Mr. Stanly, as the organ of the
ministryT,f had introduced a feAv evenings previous
ly, and Avas awarded by a perfect deluge of loqua-
oiotta luctigxiAtKm mia jiiTocti ve aunng a pauac jit
Avhich hurly-burly ,of angry -words I conceived to
effect my escape. .
" (JroAvther fc Jenkins . exclaimed one morning
Mr. Flint, locking up from the " Times " neAvspa-
per he held in his handv "Crowther & Jenkir.8 !
what is it wg know about Crowther & Jeukms ! 1
The question vas addressed to me, and I, like
my partner, could not at the 'moment precisely re
call Avhy those names sounded upon our ears with -a
certain degree of interest; as Avell as familiarity.
" CroAYther & Jenkins !" I echoed. " True : what
do avo know about Crowther & Jenkins ? Oh, I
have it !: they are the executors of a Avill under
Avhich young Linden s pretty bride, that is to be,
inherits her fortune." ' '
"Ah !" exclaimed Mr. Flinty as he put doAvn the-
paper, and looked me graArely p the face "I re
member now : their names are in the list of bank
rupts. . A failure in the , gambling-corn trade too..
I hope they have not been speculating with the
young Avoman's money." !
The Avords were scarcelyT out of his mouth Avhen
Mr.' Linden was announced, and presently in Ava'lkf
e.d that gentleman in a .state' of considerable ex
citement. ' . ' .
" I told you," he began, "some time ago about
CroAvther & Jenkins being the1 persons in Avhose
names Catherine Arnold's money stood in the'
funds?"
. " Yes," replied Flint; " and I see by the Gazette
they are bankrupts; and by your face, that they
have speculated with your intended daughter-in-law's
moriey, and lost it." ' .
" Positively so !" rejoined Mr. Linden, with great
heat. "DreAV it Out many months ago ! but
they" have exceedingly Avealthy connections at
least CroAvther has who will, I suppose, arrange
Miss Arnold's claim rather than their relative should'
be arraigned for felony." " .
"Felony ! you are mistaken, my- good sir.
There is no felony no legal felony, I mean, iu the
matter. . Miss Arnold can only ( prove against the
estate like any other creditor." "
" The devil she can't ! Tom, then, must look
out for another, wife, for I am credibly informld
there won't be a shilling in the pound." ;
And so it turned out. The great corn -firm had
been insolvent for years ; and after speculating des
penitely, and to a frightful extent, with a view to
recover themselves, had failed (o an enormous! n
mount their assets, comparatively speaking, pry
ii!g to be nil. - . ;
Tlie ruin spread around, chiefly on account of
the vast quantity of accommodation-paper they had
afloat, was terrible ; but upon no one did the Uoav
fait with greater severity than on young Linden
tnd his promised wife.. His father ordered him-to
instantly break off all acquaintance Avith Miss Ar
nold ;. and on the son, who. Avas deeply attached to
her, peremptorily refusing to do so, Linden senior
threatened to turn him out of doors, and ultimate
ly disinherit him. Angryv indignant, and in love,
Thomas Linden did a very r:ish and foolish thing ;
he persuaded Catherine Arnold to consent td a pri
vate marriage, arguing that if the indissoluble knot
Avere once fairly tied, his father would, as a matter
of course he being an only child become recon
ciled to what he could no longer hope to prevent
or remedy. . .
The imprudent young man deceiA &l both him
self and her Avho trusted in his pleasing plausibili
ties. Ten minutes after he had disclosed the mar
riage to his father, he was turned, almost penniless,
out of dxrs : and the exasperated and almost in-
exorable old man refused to jisten xo any reprc-
sAntation in his favor, by whomsoever proffired,
ind finally, even to permit the mention of his name
m ms nearmg. - . .
" It's of no use," said Mr. . Jf imt, on reuirnnifr lVr
the last time from a mission undertaken to extort,
if possible,-some provision against absolute starva
tion for the newly-wedded couple. " He is as cold
and hard a& adamant, and I think, if possible, even
more of a tiger than before. He will be liere pre
sently to give instructions for his will' '
His will ! Surely be Avill draw that up liiniself
after his own corpmoh-sense, business fashion ?"
" He would unquestionably have done so a short
time since-; but some events thathaATe lately occur
red have considerably shaken his estimate of his
OAvn infallibility, and he is, moreover, determined,
he says, that there shall be no mistake as to effectual
ly dismheriting his son. He has made two ortLree
heavy losses, and his mind is altogether in . a very
cankered, distempered state."
Mr. Linden called, as he had promised to do, and
gave us the Avritten heads of a will, which he desir
ed to havo at once , formally drawn up. 13y this
instrument he devised the Holmford estate, and all
other property, real and personal, of which he might
die possessed, to certain charitable institutions, in
Ararying proportions, payable as soon after his death
as the property could be turned into money. " The
statute of mortmain does' not g'lA e me much un
easiness," remarked the vindictiAe old man, with a
bitter sihile. "1 shall last some tune yet. I Avould
have left it all to'you, Flint," he added, " only that
I kneA' you would defeat my purpose by giving it
back to that disobedient, ungrateful, Avorthless boA"
" Do leave it to me," rejoined Mr. Flint, with
grave emphasis," and 1 promise you faithfully this
that the Avish respecting it, Avhatever it may be,
Avhich trembles on your lip as you are about to
leave this Avorld for another, and Avheii it be too
late to formally re v'oke the testament you hoav pro
pose, shall be strictly carried out. That time can
not be a very, distant one, John Linden, for a man
av hose hair is Avkite as yours."
It Avas preaching to the Avinds. He yvas deaf,
blind, mute, to eA-ery attempt at changing his re
solve. The will. was draAvn in accordance Avith his
peremptorily-iterated instructions, and duly signed,
scaled, and attested. Not very long afterwards,
Mr. Linden disposed of his business in MincinH
Lane, and retired to llolmiord, but with nothing
like the money-fortune he had once calculated
upon, the losses alluded to by Mr. Flint,1 and fbl
loAved ,by others, haying considerably' diminished
his wealth.
We ultimately obtained a respectable and re
muneratiA'e situation for Thomas Linden in a mer
cantile house at "Belfast, with which Ave were profes
sionally acquainted ; and after securing berths in
the.'.-fiWi' steamer,-4ic, with: his Avife and mother-in-laAV,
came, with a kind of hopeful sadness: in their
looks and voices, to bid us fareAyell- for a very long
time, they and Ave also feared.
For an eternity, it seemed, on , reading the ac
count of the loss of the Erin, a feAv clays after Avards,
with every soul on board! Their names Avere pub-
Iisrie3 with thoo of the otb- psssengtw frliQ fixK
embarked, and we had of course concluded that
they had perished, Avhen' a letter reached us from
Belfast stating, that through sme delay on the
part of Mrs. Arnold, they had happily lost their
passage in the Eriri, and embarked in the next
steamer for Belfast, Avhere they arrived in perfect
safety. We fdnA;arded this intelligence to Holmford,
but it elicited no reply.
We heard nothing of Mr. Linden for about tAvo
months, except by occasional notices in the "Here
ford Times," which he regularly ' fonAarded to the
office, relative to the improA-ements on the Holmford
estate, either actually begun or, contemplated by
its neAv proprietor lie very suddenly reappeared
I was cooling my heels in the waiting-room of
the Chambers 'of the Barons of. the Exchequer,
Chancery Lane, awaiting my turn of admission.
when one of our clerks came in half-breathless Avith
haste. " You are wanted, sir, immediately ; Mr
runt is out, ana Mr. linaen s at tne omcc ravmo-
like a madmau." I instantly transferred the busi
ness 1 Avas in attendance at chambers upon to the
clerk," and' Avith the help of a cab soon' reached
home. . i
n r X 1 ' l - 1 . T j T mi
iur. jjinaen was not raving Avnen l arnveti. l ne
A'lOlcnce of the paroxysm of rage and terror by
winch heAvas possessed had passed aAvay, and he
looked, as I entered, the image of pale, rigid, iron,
dumb despair. He held a letter and a strip of
parchment m his hand : these hejpresented, and
Avith white,- stammering lips, bade me read. The
letter avas from an attorney of the name of Saw-
bridge, giving notice of an action of ejectment, to
oust him : from the possession of the Holmford
estate, the. property, according to Mr. Sawbridge, of
one liuwin Majon banks ; and the strip of parch
ment Avas the writ by Avhich the letter had been
quickly folloAved. ' I Avas astounded ; and my scared
looks questioned Mr. Linden for further information.
" l ao not quite unaerstana it, ne said, in a
hoars.e, palpitating voice. " No possession or title in
tne A'enaers ; a niece not or age executors no
jxAver to sell Palliser discovered it, robbed me,
absconded, and 1, Oh Ood, am a miserable- beg
gar!"
The last words were uttered Avith a convulsive
scream, and after a feAv frightful struggles he fell
doAvn in a fit. I had him.eOnveyTed to bed, and as
soon as he was someAvhat recovered, I hastened off
to ascertain from SaAvbridge, Avhom I knew very
intimately, the nature of the dlaim intended to be
et up for the plaintiff, Edwin Majoribanks.
I met Sawbridge just as he Avas leaving his
office ; and as he Avas in too creat a hurrv to turn
back, I walked along with him, and he rapidly
detailed the chief facts about to be embodied in the
plaintilFs declaration.- Archibald Dursley, once a
London merchant, and avIio died a bachelor, had
bequeathed his estate, real and personal, to his
brother Charles, and a niece, his sister's child tAvo
thirds to the- niece, and one-third to the brother.
The Holmford property, the will directed, should be
sold by public auction when ,the niece came of age,
unless she, by marriage or otherwise, was enabled,
within six months after, attaining her majority, to
pay over to Charles Dursley his third . in money,
according to a' valuation madefor the purpose by
competent assessors The brother, Charles Dursley,
had urged upon the executors to anticipate the time
directed by the will for the sale of the property;
aud having persuaded the niece to give a written
authorization for the- immediate sale, the executors
chiefly, Sawbridge supposed, prompted by their
own necessities, sold the estate accordingly. But
the neice not being of age when 'she signed the au-
luoruy io sen, uer consent was or no legal vaiue,
and she having since died intestate, Edwin Majori
banks, her cousin and undoubted heir-at-laAV for
the property could not have passed from her, even
by marriage now claimed the estate. Charles
Dursley, the brother was dead ; f and," continued
Mr. Sawbridge, "the worst of it is, Linden will
never get a farthing of his . purchase-money from
the venders, for they are bankrupt; nor from Pal
liser, Avho has made permanent arrangements for
continuing abroad, out of harm's reach. It is just
as I tell you," he added, as we shook hands at par-
" but you will of course see the will, and sat
isfy yourself! Good-by."
Here Avas a precious ;result of amateur common-
sense lawyership ! Lirjden could only haA-e exam
ined the abstract of title furnished him by Palliser's
auorney, and not the rfght ot Dursley s executors
to sell ; or had not, been aware that the niece mnlH
not, during her minority, subscribe an effective le
gal consent. .
I found Mr. Hint at the office, and quickly im
parted the astounding neAvs. lie Avas as much ta
ken aback as myself, j
" The obstinate, pig-headed old ass !" he exclaim
ed ; "it almost serves him right, if only for his
Tom-fool nonsense of ' Every man his oavh lawver '
What did you say was the niece's name V
ell I dont remember that SaAvbridare told me.
he Avas in such a hurr ; but suppose you go at
once1 and look over the! Avill T'
True, I will do so ;" and away he Avent.
This is a very singular affair; Sharp," said Mr.
Flint, on his return from Doctors' Commons, at the
same time composedly jseating himself, hooking his
thumbs into thearmholes of his Avaistcoat, crossing
his legs, and tilting his chair back on its hind legs.
" A very singular affair. Whom, in the name of
the god of thieves Mercury, Avasn't he called 1
do you suppose the bankrupt executors to be ? No
other," continued Mr. Flint, with a. sudden burst, .
" than Crowther & Jenkins !"
"The. -devil.,! and j the niece then is"
" Catherine Arnold-1 Tom Linden's wife sup
posed to have been droAvned in the Erin ! That's
check-mate, I rather fancy not only to-Mr. Edwin
Majoribanks, but some; one' else Ave know of. "he
old felloAv up stairs Av6n't refuse to acknowledge
his daugliter-in-laAv now, I fancy !"
This Avas indeed a happy change in the fortunes
of the House of Linden ; and Ave discussed, Avith
much alacrity, the best mode of turning disclosures
so momentous and surprising to the best account.
As a hrst step, a letter,' with an enclosure, a as des
patched to' Belfast, requiring the return of Thomas
Linden and family immediately ; aud the next
Avas to plead in form to the action. This , done,
we aAvaited Catherine Linden's arrival in London,
and Mr. Linden ? senior's convalescence for his
mental agitation had resulted in a sharp fit of illness
to effect a satisfactory and just arrangement.
Mr. and Mrs. Thomas Linden and Mrs Arnold
arriA'ed by the earliest! steamer that left Belfast
after the receipt of our j letter; and much astonished
intcHisrence that awaited them.
Catherine Linden was Ifor confirming the validity
of the sale of the Holmford estate by her noAv
authoritative consent ai once, as a mere act of com
mon justice and good jfaith ; but this, looking a t
the tptal loss of fortune she had sustained byr the
knavery of the executors, and the obstinate, mulish
temper of the father-in-laAv, from vhom she had
already receiA'ed such harsh treatment, could not for
a moment be permitted ; anditAvas finally resolved
to take adAantage of the legal position in Avhich
she stood, to enforce a .due present provision for
herself and husband, and their ultimate succession
to the estate. j
John Lin Jen gradually recovered; and as soon
as it was deemed prudent to do so, avc informed
him that the niece Avas not dead, as the plaintiff' in
the action of ejectment had supposed, and that of
course, if she could now be persuaded to ratify the
imperative consent she had formerly subscribed, he
might retain Holmford. At first he received the'
intelligence as a gleam of light and hope, but he
soon relapsed into doubt and gloom. " What
chance was there," lie hopelessly argued, " that,
holding the legal poAver, she Avould not exercise it f '
It, was not, he said, in human nature to do other
Avise ; and he commissioned us to make liberal of
fers for a compromise j half he would be content
to lose half his purcliase-money ; even 'a greater
sacrifice tlnsn that he! would agree to anything,
indeed, that AA-ould not. be utter ruin that did not
involve utter beggary and destitution in old age.
Three days after this conversation, I announced
to him that the lady and her husband Avere beloA-,
and desirous of seeing him.
"What do they say?" he eagerly demanded.
" Will they accept of half two-thirds ? What do
they say?" .j
" I cannot precisely tell yon. They wish to see
you alone, and you can urge your OAvn'vieAvs and
offers." He trembled violently, and shrank nen--ously
back as I placed my hand on the door-handle
of the private office. He presently recovered , in
some degree his jself-possession, passed in, and I
withdreAv from tlie humiliating, but salutary spect
acle of obdurate tyrani power, compelled to hum
ble itself before those , whom it had . previously
scorned and trampled upon.
The legal arrangements Avhich;; Flint and I had
su Quested Avere effected, and! Linden senior, ac-
conipanied by his soil, daughter-in-law, and Mrs.
Arnold, set off in restored amity for Holmford
House. EdAvin Majorjibanks abandoned his action,
and Palliser finding that matters were satisfactorily
arranged, returned t6; England. We afterwards
kpew that he had discovered the defect of title, on
applying to a Avell-knoAvn conveyancer, to raise a
considerable sum by way of mortgage, and that
his first step was to: threaten legal proceeding
against Crowther, & Jenkins for the recoery of his
money ; but a hint he obtained of the futility of pro
ceedings against them,! determined him to offer the
estate at a low figure to Linden, relying upon that
gentleman's ostentatious contempt of laAvyers that
the blot in the title, subjected only to his OAvn com
mon-sense spectacles, Ayould not be perceived.
- The Bridal Apartments in the " Girard House,"
a new Philadelphia hotel, are thus described :r
They consist of a parlor, or boudoir, fronting on
Chesnut street, and the bridal chamber in the rear,
with baths, toileti fcc,; conveniently attached. En
tering the apartments, the foot falls upon the carpet
of oriental richness and beauty ; the window curt
ains, of blue and silver satin damask, are relieved
by a cloud of face work; the furniture, designed es
pecially for these apartments, is rose-AVood, lined
with satinAvood ; . the jiugtial couch, a conopied
miracle of taste and splendor, is draped also with
blue and sijA-er 6atin :damask as are the chairs,
lounges, etc, and trimmed and ornamented in the
most faultless and recherche manner ; indeed, the
mantles, mirrors, chandeliers, etc set off by the
gorgeous French witlji decorations, conspire to real
ise a scene of enchantment never dreamed of even
in the days of Aladdm and the Wonderful Lamp.
All this luxury, including a private table, may be
enjoyed for the moderate sum of tAventy dollars a
day.
tin s-:
CONSTITUTION AND GUEEEIESE.
The following account of the 'famous battle be
tAveen the Constitution and the Guerriere, which
took place on the 17th of Jun,4812; is from the
pen of an American prisoner oil board of the latter
vessel during the action: '!
About two weeks previous to the engagement I
left Boston in an American ship, which Avas captur
ed by the Guerriere soriie five days before she fell
in with the Constitution.
It AA-as aboUt ten o'clock in .the morning 'when
the Constitution Avas discovered. The Guerriere
hove to, to enable her to come uplj As the Con
stitution neared us Captain Daeres handed me his
glass, and asked Avhat I took her to? be. My reply
was , ' She looks like a frigate.' Very soon she came
within reach of the long guns of the Guerriere,
Avhich Avere fired, but with no effect, as the sea rait
high. The Constitution made no replv, but, as.I
saAv, was
manoeuvring
for a position during
Avhich Captain Daeres said to me-
Do you think she is going to strike Avithout fir
ing f
I replied. ' I Think not; sir.'
At this moment, seeirig a severe contest Avas
about commencing, m which I could take no part,
being only a prisoner, I raised my hat to Capt.
Daeres, and said to him
' With your permission, sir, I will go below, as I
can take no part.' '
' O certainly,' said ho, and you had better go
into the . cock-pit, and should any of our men
chance to' get Avounded, I shall feel obliged if you
Avill assist the. surgeons in dressing them.'.
' Certainly, sir.' said I. and then descended into
the cock-pit. .
There Avere the surgeons, and surgeons mates,
and attendants, sitting around a long table covered
Avith instruments, and all necessaries for dressing
the Avounded, as still as a funeral. Within one
moment after my foot left the loAver round of the
ladder, the Constitution gave that double broadside
Avhich threAV all in the cock-pit over in a heap on
the opposite side of the ship.'
For a moment it appjeared as if heaven and earth
had struck together ; a more terrific shock cannot
be imagined. Before those in the cock-pit had ad
justed themsehes, the blood run down from the
deck as freely as if a wash-tub full had been turn
ed OAer, arid instantly the dead, wounded, and dy
ing, Avere handed doAvn as rapidly as men could pass
theuw the cock-pit vias filled, with hardly room
for the surgeons to Ai drk. Midshipmen Avere hand
ed down Avith one leg, some Avith one arm, and oth
ers wounded in almost every shape and condition.
An officer who was on the table having his arm am
putated, would sing out to a comrade coming doAvii
Avounded, Well, shipmate, how goes the battle ?'
Another would utter some joke that would make
even the dying smile and so constant and freely
Avere the playful reriiarks from the maimed, and
even dying, that I almost doubted my oavii senses.
Indeed, all this Avas croAvded into a space of not over
fifteen or tAA-enty minutes, before the firing ceased.
I then wrent upon deck, and Avhat a scene Avas pre
sented, and how changed in so short a time.
The constitution looked perfectly fresh and even
at this time, those on board the Guerriere did not
know Avhat ship had fought them. On the other
hand, the Guerriere was a mere rolling log al
most entirely at the mercy of the sea. Iler-colors
all shot away, her main-mast and mizzen-mast both
gone by the boardj.and her fore-m;ist standing by
the mere honeycomb the shot had made. Capt.
DacrCs stood with his officers surveying the scene,
all in the most perfect astonishment. At this
moment a boat Avas seen putting from the hostile
ship for the Guerriere. As soon as Avithin speak
ing distance, a young gentleman (Midshipman
Reed, noAv Commodore Reed, ) hailed and said
' I wish lo see the ' officer iu command of this
ship.' '
At this Captain Daeres stepped fonvard and ans
Avered. Midshipman Reed then said, ' Commodore
Hull's compliments, and Avishcs toknoAV il you haA'e
struck your flag ?,
' At this Captain Daeres appeared amazed, but,
recoA'ermg nimseit, and looking up and dOAvr,
deliberately replied' Well, I don't" know our
mizzeimast is gone, our mam-mast is gone, upon
the Avhole, vou may say that Ave have struck our
flag !' ' ' -
' Com. Hull's compliments, and Avishes to Ioioav
if you need the assistance of a surgeon, or surgeons'
mate ?'
Cantain Daeres replied 'Well, I should suppose
you had on board your oavii ship business enough
for all your medical officers.'
Midshipman Reed replied 0, no; we haAre on
ly seven Avounded, and they Avere dressed half .an
hour ago.' .
Captain Daeres then turned to me, deeply affected,
and said- 'HoAV'have our situations been suddenly
reversed! You are now free, aud I a prisoner!'
All the boats of both ships Avere now put in re
quisition to remov e the wounded on board the Con
stitution. So dreadful was the condition of many
of them, that tAvo days were nearly consumed in the
removal, after which the Guerriere was burned,
Avith all her stores, armament, etc The Constitu
tion having recently come out of port,had no room
to take scarcely an article.
Who can imagine the joy I experienced in find
ing myself again under American colors, or the
pride I felt, at finding, from Commodore Hull down
to the most humble man on board, an entire ab
sence of everything like a boastful, or even a trium
phant look, at their wonderfnl victory. Ca'ptain
Daeres kept his state-room till Ave arrived in port.
About two hundred of his men were necessarily
ironed, as the ship avos so crowded, Charles
Morris (now Commodore), the first officer of the
Constitution, had a ball through his body, and jfor
several days his recovery was doubtftd, during which
he sent for me to come to his room, and I well re
member his perfect unconcern for himself, although
the surgeon had apprised him of his danger. Every,
courtesy and kindness was, by Captain Hull and
his officers, extended to their prisoners.
On Sunday, about noon, the Constitution arrived
in Boston harbor. I was sent on shore in the boat.
The harbor between the ship and wharves,wa now
covered with boats to learn the news. To the first
boat that we beared, we hailed, 1 The Constitution
has captured the Guerriere.' Instantly the two men
in the boat took off their hats and violently struck
them on the side of the boat, and, rising," gave
cheer upon chee,r. They hailed other boats, and
thus the air was rent with cheers, and the victory
passed along till it reached the wjjarf, .and then,
spread like wildfire all over the city and country.
It is noAv nearly forty years since the transaction
of that day proved to the Africans that British
frigates -were not invineiblel - ' Who can remember
that day without foejing a gloAv of pride, that so
early in the war, and in a manner so unpretending,
a victory so perfect should haAe been achieved 1
I Avrite this statement Avithout notes, but believe it
to be, in the main, accurate.
In justice to Captain Daeres, I add, that there
Avas none of the boasting on his part, before the
action, which has to him been attributed, as he did
not know the ship till Midshipman Heed an
nounced her name and commander. o. w.
A
THE ART 01? HISTORY, j
The art -of Historical composition oAves its origin
to the institutions of-Political Freedom. Under
the despotisms of the Ganges and "the Indus, .
poetry nourished, Avith oriental luxuriance, from
the earliest times ; but in the immense compass of
that rich, primeval literature, there is no History,
in the high sense of that term. The banks of the
Nile Avere crowded Avith historical monuments and
memorials, stretching back into the remotest anti
quity; and recent researches have disco vered his
torical records of the Pharaohs in the scrolls of
Papyrus, some of them as ancient as the books of
Moses. But in all these, there is no History com
posed according to the principles of art. In Greece,
the Epic Song, founded' on traditionary legends,
long preceded historical composition. I rerriernber
Avhen I thought it the greatest wonder in the
world, that the poems of Homer should have-been
written at a period so remote ; that the earliest
Grocian ''History should give no account of their
author. , I did not then knoAv, or had not then
considered, that poetical Avritings, hymns, songs,
accounts of personal adventures, like those of Her
cules and Jason, were, in the nature of things, earl
ier than regular historical narratives. Herodotus
informs us that Homer lived four hundred years
before his time. There is, nevertheless, something
very wonderful in the poems of Homer. In gen
eral, it' is true of the languages of nations, that, in
their earlier ages, they contain the substantial bono
and sineAV characteristic of the idiom, yet, that
they .are rough, imperfect and without polish.
Thus Chaucer wrote English, but it i Avhat Ave' call
old English, and it has not the smoothness and
fluency belonging to the style of Tope and Addi
son. And Spenser Avrote English, but, though rich
aud gorgeous, it has not the precision and accuracy
of those later writers. It would seem that many
books must bo Avritten and read, and a great many
tongues and pens employed, before the language
of a country reaches its highest polish and perfec
tion. Noav, the wonder is, how a language should
become so perfect as was the Greek of llomer, at
the time when that language could have been very
little written. -.Doubtless, in succeeding ages, the
compass of the . Greek Tongue was enlarged as
knoAvIedge became more extended, and new things
called for neAv words ; but within the compass of
Grecian knoAvIedge, as it existed in the time of
Homer, it can scarce be questioned, that the "style
of Homer isVpiite as perfect aud polished as that
of any of his successors. The cause of thk appar
ent anomaly is that the language Lad nxJtxBrj been
poken for jjaany eatorie, by jnople ofcreat in-
gtnuity.aud eittaordina-y good taste, but had been
carefully coitivated by the recitation of poetical
compositions, on a great variety of religious and
festive occasions.
It was not until the legislation of Solon had laid
the' foundation of free political institutions, -nd
these institutions had unfolded a free, and power
ful, and active pofrvical life, in the Athenian lie
public ; until the discussion of public affairs, in the
Senate and the popular Assembly, had created de
liberative eloquence ; and the open administration
of Justice ia the Courts ; and under the Laws es
tablished by Solon, had applied to the transactions
betAveen the citizens, all the resources of nefined
logic, and drawn into the sphere of civil rights and
obligations, the, power of high forensic oratory, it
Avas not until these results of the legislative wisdom
! of Solon had been attained, that the art of history
rose and flourished in Greece. With the decline of
Grecian liberty, began, the decline in the ait of
Historical composition. Histories were Avritten un
der the Grecian Kings of Cyzan tine Emperors; but
the high art of historical composition, as perfected
in the master works of Herodotus, Thucydides
and Zenophon, who perished in the death of polit
ical freedom. '. '
The origin progress, and decline of History, as
an art, were nearly the same in liome. Sallust
and Livy flourished at the close of the Republic
and the commencement of the Empire. The great
avoiks ot lacitus nimsen are-luougm uy- uiauy iu
. betray the beginning of decline in the art, and the
later writers exnioit is ian. . .-,
The art of His'ory again revived with the! rise of
the Etalian Republics ; and since the revival of lit
erature,' at the dose of the Middle ages, it will pro
bably be foand that three things naturally rise in
to importance together ; that is to say, Civil Lib
erty, Eloquence, and the art of Historical writing.
Other foundation is not to be laid for authentic
History than autbe&tieated facts, but on this found
ation structures may be raised of different charac
teristics, historical, biographical and philosophical.
One writer may confine himself to exact and min
ute natratioa ; another, true to the general Itory,
may embellish that story with more or less of exter
nal ornament or eloquence in description ; athird,
with a deeper philosophical spirit, may look into
causes of event and transactions, trace them with
more profound research to their sources in the ele-'
ments of human nature, or consider and solve vith
more or less success that most important question,
how far the character of individuals has produced
public events, or how far, on the other hand, public
events have produced and formed thfe character of
iBdividuak. . .-
Therefore, obi? history of the satrw "TWrhSflr in fcn-
man aflairs, no more renders anotb&s
same period useless, or unadv
ture of one temple forbid
or one statue of Herc
suppress all otb
the same per?'
address befvr
FishX
to be
-'
i
V; -1
" J f
    

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