_ VOLUME I CHAPTER XVIII. THE ENGLISH VON BAUHR
On the following morning, before breakfast, Felix Graham and Augustus Staveley prepared themselves for the labours of the coming day by a walk into the country; for even at Birmingham, by perseverance, a walk into the country may be attained,--and very pretty country it is when reached. These congress meetings did not begin before eleven, so that for those who were active time for matutinal exercise was allowed.
Augustus Staveley was the only son of the judge who on that day was to defend the laws of England from such attacks as might be made on them by a very fat advocate from Florence. Of Judge Staveley himself much need not be said now, except that he lived at Noningsby near Alston, distant from The Cleeve about nine miles, and that at his house Sophia Furnival had been invited to pass the coming Christmas. His son was a handsome clever fellow, who had nearly succeeded in getting the Newdegate, and was now a member of the Middle Temple. He was destined to follow the steps of his father, and become a light at the Common Law bar; but hitherto he had not made much essential progress. The world had been too pleasant to him to allow of his giving many of his hours to work. His father was one of the best men in the world, revered on the bench, and loved by all men; but he had not sufficient parental sternness to admit of his driving his son well into harness. He himself had begun the world with little or nothing, and had therefore succeeded; but his son was already possessed of almost everything that he could want, and therefore his success seemed doubtful. His chambers were luxuriously furnished, he had his horse in Piccadilly, his father's house at Noningsby was always open to him, and the society of London spread out for him all its allurements. Under such circumstances how could it be expected that he should work? Nevertheless he did talk of working, and had some idea in his head of the manner in which he would do so. To a certain extent he had worked, and he could talk fluently of the little that he knew. The idea of a _far niente_ life would have been intolerable to him; but there were many among his friends who began to think that such a life would nevertheless be his ultimate destiny. Nor did it much matter, they said, for the judge was known to have made money.
But his friend Felix Graham was rowing in a very different boat; and of him also many prophesied that he would hardly be able to push his craft up against the strength of the stream. Not that he was an idle man, but that he would not work at his oars in the only approved method of making progress for his boat. He also had been at Oxford; but he had done little there except talk at a debating society, and make himself notorious by certain ideas on religious subjects which were not popular at the University. He had left without taking a degree, in consequence, as it was believed, of some such notions, and had now been called to the bar with a fixed resolve to open the oyster with such weapons, offensive and defensive, as nature had given to him. But here, as at Oxford, he would not labour on the same terms with other men, or make himself subject to the same conventional rules; and therefore it seemed only too probable that he might win no prize. He had ideas of his own that men should pursue their labours without special conventional regulations, but should be guided in their work by the general great rules of the world,--such for instance as those given in the commandments:--Thou shalt not bear false witness; Thou shalt not steal; and others. His notions no doubt were great, and perhaps were good; but hitherto they had not led him to much pecuniary success in his profession. A sort of a name he had obtained, but it was not a name sweet in the ears of practising attorneys.
And yet it behoved Felix Graham to make money, for none was coming to him ready made from any father. Father or mother he had none, nor uncles and aunts likely to be of service to him. He had begun the world with some small sum, which had grown smaller and smaller, till now there was left to him hardly enough to create an infinitesimal dividend. But he was not a man to become downhearted on that account. A living of some kind he could pick up, and did now procure for himself, from the press of the day. He wrote poetry for the periodicals, and politics for the penny papers with considerable success and sufficient pecuniary results. He would sooner do this, he often boasted, than abandon his great ideas or descend into the arena with other weapons than those which he regarded as fitting for an honest man's hand.
Augustus Staveley, who could be very prudent for his friend, declared that marriage would set him right. If Felix would marry he would quietly slip his neck into the collar and work along with the team, as useful a horse as ever was put at the wheel of a coach. But Felix did not seem inclined to marry. He had notions about that also, and was believed by one or two who knew him intimately to cherish an insane affection for some unknown damsel, whose parentage, education, and future were not likely to assist his views in the outer world. Some said that he was educating this damsel for his wife,--moulding her, so that she might be made fit to suit his taste; but Augustus, though he knew the secret of all this, was of opinion that it would come right at last. "He'll meet some girl in the world with a hatful of money, a pretty face, and a sharp tongue; then he'll bestow his moulded bride on a neighbouring baker with two hundred pounds for her fortune;--and everybody will be happy."
Felix Graham was by no means a handsome man. He was tall and thin, and his face had been slightly marked with the small-pox. He stooped in his gait as he walked, and was often awkward with his hands and legs. But he was full of enthusiasm, indomitable, as far as pluck would make him so, in contests of all kinds, and when he talked on subjects which were near his heart there was a radiance about him which certainly might win the love of the pretty girl with the sharp tongue and the hatful of money. Staveley, who really loved him, had already selected the prize, and she was no other than our friend, Sophia Furnival. The sharp tongue and the pretty face and the hatful of money would all be there; but then Sophia Furnival was a girl who might perhaps expect in return for these things more than an ugly face which could occasionally become radiant with enthusiasm.
The two men had got away from the thickness of the Birmingham smoke, and were seated on the top rung of a gate leading into a stubble field. So far they had gone with mutual consent, but further than this Staveley refused to go. He was seated with a cigar in his mouth. Graham also was smoking, but he was accommodated with a short pipe.
"A walk before breakfast is all very well," said Staveley, "but I am not going on a pilgrimage. We are four miles from the inn this minute."
"And for your energies that is a good deal. Only think that you should have been doing anything for two hours before you begin to feed."
"I wonder why matutinal labour should always be considered as so meritorious. Merely, I take it, because it is disagreeable."
"It proves that the man can make an effort."
"Every prig who wishes to have it believed that he does more than his neighbours either burns the midnight lamp or gets up at four in the morning. Good wholesome work between breakfast and dinner never seems to count for anything."
"Have you ever tried?"
"Yes; I am trying now, here at Birmingham."
"Not you."
"That's so like you, Graham. You don't believe that anybody is attending to what is going on except yourself. I mean to-day to take in the whole theory of Italian jurisprudence."
"I have no doubt that you may do so with advantage. I do not suppose that it is very good, but it must at any rate be better than our own. Come, let us go back to the town; my pipe is finished."
"Fill another, there's a good fellow. I can't afford to throw away my cigar, and I hate walking and smoking. You mean to assert that our whole system is bad, and rotten, and unjust?"
"I mean to say that I think so."
"And yet we consider ourselves the greatest people in the world,--or at any rate the honestest."
"I think we are; but laws and their management have nothing to do with making people honest. Good laws won't make people honest, nor bad laws dishonest."
"But a people who are dishonest in one trade will probably be dishonest in others. Now, you go so far as to say that all English lawyers are rogues."
"I have never said so. I believe your father to be as honest a man as ever breathed."
"Thank you, sir," and Staveley lifted his hat.
"And I would fain hope that I am an honest man myself."
"Ah, but you don't make money by it."
"What I do mean is this, that from our love of precedent and ceremony and old usages, we have retained a system which contains many of the barbarities of the feudal times, and also many of its lies. We try our culprit as we did in the old days of the ordeal. If luck will carry him through the hot ploughshares, we let him escape though we know him to be guilty. We give him the advantage of every technicality, and teach him to lie in his own defence, if nature has not sufficiently so taught him already."
"You mean as to his plea of not guilty."
"No, I don't; that is little or nothing. We ask him whether or no he confesses his guilt in a foolish way, tending to induce him to deny it; but that is not much. Guilt seldom will confess as long as a chance remains. But we teach him to lie, or rather we lie for him during the whole ceremony of his trial. We think it merciful to give him chances of escape, and hunt him as we do a fox, in obedience to certain laws framed for his protection."
"And should he have no protection?"
"None certainly, as a guilty man; none which may tend towards the concealing of his guilt. Till that be ascertained, proclaimed, and made apparent, every man's hand should be against him."
"But if he is innocent?"
"Therefore let him be tried with every possible care. I know you understand what I mean, though you look as though you did not. For the protection of his innocence let astute and good men work their best, but for the concealing of his guilt let no astute or good man work at all."
"And you would leave the poor victim in the dock without defence?"
"By no means. Let the poor victim, as you call him,--who in ninety-nine cases out of a hundred is a rat who has been preying in our granaries,--let him, I say, have his defender,--the defender of his possible innocence, not the protector of his probable guilt. It, all resolves itself into this. Let every lawyer go into court with a mind resolved to make conspicuous to the light of day that which seems to him to be the truth. A lawyer who does not do that--who does the reverse of that, has in my mind undertaken work which is unfit for a gentleman and impossible for an honest man."
"What a pity it is that you should not have an opportunity of rivalling Von Bauhr at the congress!"
"I have no doubt that Von Bauhr said a great deal of the same nature; and what Von Bauhr said will not wholly be wasted, though it may not yet have reached our sublime understandings."
"Perhaps he will vouchsafe to us a translation."
"It would be useless at present, seeing that we cannot bring ourselves to believe it possible that a foreigner should in any respect be wiser than ourselves. If any such point out to us our follies, we at once claim those follies as the special evidences of our wisdom. We are so self-satisfied with our own customs, that we hold up our hands with surprise at the fatuity of men who presume to point out to us their defects. Those practices in which we most widely depart from the broad and recognised morality of all civilised ages and countries are to us the Palladiums of our jurisprudence. Modes of proceeding which, if now first proposed to us, would be thought to come direct from the devil, have been made so sacred by time that they have lost all the horror of their falseness in the holiness of their age. We cannot understand that other nations look upon such doings as we regard the human sacrifices of the Brahmins; but the fact is that we drive a Juggernaut's car through every assize town in the country, three times a year, and allow it to be dragged ruthlessly through the streets of the metropolis at all times and seasons. Now come back to breakfast, for I won't wait here any longer." Seeing that these were the ideas of Felix Graham, it is hardly a matter of wonder that such men as Mr. Furnival and Mr. Round should have regarded his success at the bar as doubtful.
"Uncommon bad mutton chops these are," said Staveley, as they sat at their meal in the coffee-room of the Imperial Hotel.
"Are they?" said Graham. "They seem to me much the same as other mutton chops."
"They are uneatable. And look at this for coffee! Waiter, take this away, and have some made fresh."
"Yes, sir," said the waiter, striving to escape without further comment.
"And waiter--"
"Yes, sir;" and the poor overdriven functionary returned.
"Ask them from me whether they know how to make coffee. It does not consist of an unlimited supply of lukewarm water poured over an infinitesimal proportion of chicory. That process, time-honoured in the hotel line, will not produce the beverage called coffee. Will you have the goodness to explain that in the bar as coming from me?"
"Yes, sir," said the waiter; and then he was allowed to disappear.
"How can you give yourself so much trouble with no possible hope of an advantageous result?" said Felix Graham.
"That's what you weak men always say. Perseverance in such a course will produce results. It is because we put up with bad things that hotel-keepers continue to give them to us. Three or four Frenchmen were dining with my father yesterday at the King's Head, and I had to sit at the bottom of the table. I declare to you that I literally blushed for my country; I did indeed. It was useless to say anything then, but it was quite clear that there was nothing that one of them could eat. At any hotel in France you'll get a good dinner; but we're so proud that we are ashamed to take lessons." And thus Augustus Staveley was quite as loud against his own country, and as laudatory with regard to others, as Felix Graham had been before breakfast.
And so the congress went on at Birmingham. The fat Italian from Tuscany read his paper; but as he, though judge in his own country and reformer here in England, was somewhat given to comedy, this morning was not so dull as that which had been devoted to Von Bauhr. After him Judge Staveley made a very elegant, and some said, a very eloquent speech; and so that day was done. Many other days also wore themselves away in this process; numerous addresses were read, and answers made to them, and the newspapers for the time were full of law. The defence of our own system, which was supposed to be the most remarkable for its pertinacity, if not for its justice, came from Mr. Furnival, who roused himself to a divine wrath for the occasion. And then the famous congress at Birmingham was brought to a close, and all the foreigners returned to their own countries. _