CHAPTER XIII.
BLACKSTONE.
The town of Burton was one of the oldest in the county. It was the residence of many wealthy men, the seat of Judge Hitchcock, Chief Justice of the State, as well as the home of Seabury Ford, a rising young politician, just commencing a most useful and honorable career, which was to conduct him to the Chief Magistracy of the State.
The young Whig party had failed to elect Gen. Harrison, but the result of the contest assured it of success in the campaign of 1840, for which a vast magazine was rapidly and silently accumulating. The monetary and credit disasters of '36-'37, occurring in the third term of uninterrupted party rule, would of themselves have overthrown a wiser and better administration than that of Mr. Van Buren, patriotic and enlightened as that was, contrasted with some which followed.
Men, too, were beginning to examine and analyze the nature and designs of slavery; and already Theodore Weld had traversed the northern and middle States, and with his marvellous eloquence and logic, second to none of those who followed him, had stirred to their profoundest depths the cool, strong, intellectual souls of the New Englanders of those regions.
One early October morning, as Gen. Ford, then commander of a brigade of militia, in which Major Ridgeley held a commission, was arranging some papers in his law office, a young man paused a moment in front of the open door, and upon being observed, lifted his hat and stepped frankly forward. Young men in Ohio then seldom removed their hats to men, and rarely to women; and the act, gracefully done as it was, was remarked by the lawyer.
"General Ford, I believe?" said the youth.
"Yes; will you walk in?"
"I am Barton Ridgeley," said the young man, stepping in; "usually called Bart."
"A brother of Major Ridgeley?"
"Yes; though I am thought not to be much like him."
"The Major is a warm friend of mine," said the General, "and I should be glad to serve you."
"Thank you, General; I feel awkward over my errand here," hesitating; "I wanted to see a lawyer in his office, with his books and papers, and be permitted to look, especially at his books."
"You are entirely welcome. I am not much of a lawyer, and have but a few books, but nothing would give me more pleasure than to have you examine them."
"I may annoy you."
"Not at all. I've not much to do. Take a seat."
Bart did so. He found the General, whom he had only seen at a distance on muster days, a man of the ordinary height, with heavy shoulders, with a little stoop in them, a very fine head and face, and a clear, strong, grayish, hazel eye; and, on the whole, striking in his appearance. There were files of leading newspapers, the National Intelligencer, Ohio State Journal, Courier and Inquirer, etc. These did not so much attract the young man's attention; but, approaching a large book-case, filled compactly with dull yellow books, uniform in their dingy, leathery appearance, he asked: "Are these law-books?"
"Yes, those are law-books."
"And these, then, are the occult cabalistical books, full of darkness and quirks and queer terms, in which is hidden away, somewhere, a rule or twist or turn that will help the wrong side of every case?"
"So people seem to think," said the General, smiling.
"Does a student have to read all of these?"
"Oh, no, not to exceed a dozen or fourteen."
"A-h-h-h! not more than that? Will you show me some of them?"
"Certainly. There, this is Blackstone, four volumes, which covers the whole field of the law; all the other elementary writers are only amplifications of the various titles or heads of Blackstone."
"Indeed! only four volumes! Can one be a lawyer by reading
Blackstone?"
"A thorough mastery of it is an admirable foundation of a good lawyer."
"How long is it expected that an ordinary dullard would require to master Blackstone?"
"Some students do it in four months. I have known one or two to do it in three. They oftener require six, and some a year."
Bart could hardly repress his astonishment. "Four months! a month to one of these books!" running them over. "They have some notes, I see; but, General, a man should commit it to memory in that time!"
The General smiled.
"This is an English work; is there an American which answers to
Blackstone?"
"Yes, Kent's Commentaries, four volumes, which many prefer. I have not got it. Also Swift's work, in two volumes, which does not stand so high. Judge Cowan, of New York, has also written a book of some merit."
"Shall I annoy you if I sit down and read Blackstone a little?"
"Not at all."
He read the title-page, glanced at the American preface, etc., and then plunged in promiscuously. "It has less Latin than I expected. Is it good classical Latin?"
A smile.
"It is law Latin, and most of it would have puzzled Cicero and Virgil,
I fear. Are you a Latin scholar?"
"I'm not a scholar at all. I've been an idler, generally, and have picked up only a few phrases of Latin. I've a brother, a student with Giddings & Wade, at Jefferson, who would have told me all I want to know, but I had a fancy to find it out first hand."
"Exactly;" and the General thought he looked like a youth who would not take things second-hand. "They are able lawyers, and it is said Giddings will retire from the bar and run for Congress. It is thought that Mr. Whittlesey will resign, and make an opening."
Bart thought that the General spoke of this with interest, and he made another dab at Blackstone. He then wandered off to a small but select case of miscellaneous books. "Adam Smith!" he said, with animation; "I never saw that before. How interesting it must be to get back to the beginning of things. And here is Junius, whom I have only read about! and Hume! and Irving! and Scott's Novels! Oh dear, oh dear! General, what a happy man you must be, with all these about you, and these newspapers, to come and go between you and the outside world."
"Oh! I don't know. I have but few books, compared with real libraries, and yet I must say I have more than I make useful."
Bart plunged into Ivanhoe for a moment, and then laid it down with a sigh.
The General, who found much in the frank enthusiasm of Bart to attract him, asked him many questions about himself, surroundings, etc., all of which were answered with a modest frankness, that won much on the open, manly nature of Ford.
Bart said he most of all wanted to study law, but he did not know how to accomplish it. He was without means, and wanted to remain with his mother, and he wanted only to look at the books, and learn a little about what he would have to do, the time, etc. The General said "the laws of Ohio required two years' study, before admission, which would be upon examination before the Supreme Court, or by a committee of lawyers appointed for that purpose; lawyers who received students usually charged fifty or sixty dollars per year for use of books and instruction, the last of which often did not amount to much."
Bart looked wistfully at the books, and arose to go. The General asked him to remain to dinner with such hearty cordiality, that Bart assented, and the General took him into the house and introduced him to Mrs. Ford, a tall, slender woman, of fine figure, with striking features, and really handsome; of very kindly manners, and full of genuine good womanly qualities, who believed in her husband, and was full of ambition for him.
The quiet, easy manners, and frank, sparkling conversation of Bart, won her good-will at once.
"Was he acquainted with Judge Markham's people?"
"A little."
"Mrs. Markham is one of the most superior and accomplished women I ever met," said Mrs. Ford. Of course he was acquainted with Julia, who was thought to be the belle of all that region?
Barton was slightly acquainted with her, and thought her very beautiful. His acquaintance with young ladies of her position was very limited, but he could believe that few superiors of hers could be found anywhere, etc.
Poor Bart!
Mrs. Ford presumed that a great many young men had their eyes on her, and it would be a matter of interest to see where her choice would fall.
It was some satisfaction to Bart to feel that he could hear this point referred to without any but the same pain and bruise of heart that any thought of her occasioned.
After dinner, General Ford said to Bart that if he really wished to enter upon the study of the law, he would do what he could for him; that he would permit him to take home such books as he could spare, and when he had read one he would examine him upon it, and give him another.
This was more than had entered Bart's mind; and so unaccustomed was he to receiving favors, that the sensations of gratitude were new to him, and he hardly expressed them satisfactorily to himself.
His new tutor had taken a real liking to him; he may have remembered that the Major was one of the rising young men in the south-west part of the county, whom he liked also. He called Barton's attention to the chapters of Blackstone that would demand his more careful reading, and they parted well pleased with each other.
Bart pushed off across the fields in a right line for home, with the priceless book in his hand; light came to him, and opportunity. Lord! how his heart and soul and brain arose and went out to meet them! As the branches of the young forest-tree that springs up by a river-side shoot out, rank, and strong, and full, to the beautiful light and air, and so, too, as the tree grows one-sided and disfigured, the danger is that this embodiment of young force and energy may develop one-sided. The poetic, upward tendency of his nature will help him, and his devotion to his mother will hold him unwarped, while the struggle with a great, pure, and utterly hopeless passion shall at least make a sacred desert of his heart, where no unhallowed thought shall take root. His was eminently a nature to be strengthened and purified by suffering.
But he had the law in his hands. No matter how gnarled, warped or obscure were the paths to its lurking-places, he would find them all out, and pluck out all its meanings, and make its soul his own. He had already learned from his brother the fallacy of the vulgar judgment of the law, and he knew enough of history to know that some of the wisest and greatest of men were eminent lawyers, and he thought nothing of the moral dangers of the law as a profession. He had never been even in a magistrate's court, but he had heard the legends and traditions of the advocates; had read that eminent fiction, Wirt's Life of Patrick Henry, and a volume of Charles Phillips's speeches, and had felt that strong inner going forth of the soul that yearned to find utterance in oversweeping speech.
Several times on his way home he stopped to read, and only suspended his studies at the approach of evening, which found him east of the pond, lying across his direct route, and which he found the means of passing.
Blackstone he took in earnest, and smiled to find nothing that he did not seem to comprehend, and often went back, fearing that the seeming might not be the real meaning.
At the end of a week he returned to his kind friend, the General, not without misgivings as to the result of his work. He found him at leisure in the afternoon, and was received with much kindness.
"Well, how goes Blackstone?"
"Indeed I don't know; and I am anxious, if you have leisure, to find out."
The General took the book, and turning to the definition of law, and the statement of a few elementary principles, found that they were thoroughly understood. Turning on, he paused with his finger in the book.
"What do you think of the English Constitution?"
Bart looked a little puzzled.
"The English government seems to be an admirable structure—on paper; but as to the principles that lie below it, or around it, that govern and control its workings, and from which it can't depart, I am cloudy."
"Yes, a good many are; but then there is, as you know, a great unwritten English Constitution—certain great fixed principles which from time to time have been observed, through many ages, until their observance has become a law, from which the government cannot depart, and they take the form of maxims and rules."
"I think I understand what you mean; but to me everything is in cloud-land, vague and shifting, and the fact that nobody has ever attempted to put in writing these principles, or even to enumerate them, leads one to doubt whether really there are such things. When king, lords and commons are, in theory and practice, absolutely omnipotent, I can't comprehend how there can be any other constitution. When they enact a law, nobody can question it, nobody can be heard against it; no court can pronounce it unconstitutional. What may have been thought to be unconstitutional they can declare to be law, and that ends it. So they can annihilate any one of the so-called constitutional maxims. When a party in power wants to do a thing, it is constitutional; when a minister or great noble is to be got rid of, he is impeached for a violation of the constitution, and constitutionally beheaded."
"Well," said the General, smiling, "but this, for instance: the great palladium of British liberty, taxation, must be accompanied with representation."
"Yes; that, if adhered to, would protect property and its owners; but then it never has been carried out, even in England, while the non-taxpayer is wholly out of its reach; and my recollection is, that the constitutional violation of this palladium of the Constitution by king, lords and commons, produced a lively commotion, some sixty-odd years ago."
"Yes, I've heard of that; but the attempt to tax the colonies was clearly unconstitutional; they were without representation in the Parliament that enacted the law."
"But then, General, you are to remember that, according to Blackstone, Parliament was and is, by the English Constitution, omnipotent. The fact is, we took one part of the constitution, and George the other; we kept our part, and all our land, and George maintained his, on his island, strong as ever; and yet there, property-owners always have been and always will be taxed, who do not vote. I fear that it will be found that all the other maxims have from time to time suffered in the same way."
"You must admit, however," said the General, "that the maxims in favor of personal freedom have usually been adhered to in England proper."
"Yes, the sturdy elements of the natural constitution of the English people have vindicated their liberty against all constitutional violations of it; and while I cordially detest them, one and all, there isn't another nation in Europe that I am willing to be descended from."
"I fear that is the common sentiment among our people," said the General. "And so you think the world-famous British Constitution may be written in one condensed sentence—the old English formula—Parliament is omnipotent."
"Yes, just that. Parliament is the constitution; everything else is ornamental."
Without expressing any opinion, the General resumed, and turning at hop, skip and jump, he found that Bart happened to be at home wherever he alighted. He finally turned to the last page, and asked questions with the same result, closing the book with:
"Well, what else have you been doing this week?"
"Not much; I've worked a little, dabbled with geometry some, read Gibbon a little, newspapers less, run some in the woods, and fooled away some of my time," answered Bart, with a self-condemning air.
"Have you slept any?"
"Oh, yes."
"Oh, dear!" said the General, laughing good-humoredly, and then looking grave, "this will never do—never!"
"Well, General," said Bart, crestfallen, "I've only had the book a week, and although I don't memorize easily, I believe I can commit the whole before a month is out, except the notes."
"Oh, my dear boy, it isn't that! I don't know but there is a man in the world who, without having seen a law book before, has taken up and mastered the first volume of Blackstone in a week, but I never heard of him. What will never do is—it will not do for you to go on in this way; you would read up a library in a year, if you lived, but will die in six months, at this rate."
With tears in his eyes, Bart said: "Do not fear me, General; I am strong and healthy; besides, there are a good many things worse than death."
"I am serious," said the General. "No mortal can stand such work long."
"Well, General, I must work while the fit is on; I am thought to be incapable of keeping to any one thing long."
"How old are you?"
"In my twenty-second year."
"Have you ever practised speaking in public?"
"I am thought to make sharp and rough answers to folks, quite too much, I believe," answered Bart, laughing; "but, save in a debating school, where I was ruled out for creating disorder, I've never tried speech-making."
"You will grow more thoughtful as you grow older," said the General.
"If I do," said Bart, "I know those who think I can't grow old fast enough."
The General gave him the second volume of Blackstone, with the injunction to be two weeks with it.
"Suppose I finish it in a week?"
"You must not; but if you do, bring it back, and take a scolding."
"Certainly," said Bart.
The General asked him to go in to tea. Bart thought that would not do, and excused himself.
* * * * *
The end of another week found Bart at the end of the second volume, and also at General Ford's office. The General was away; but he found an opportunity further to cultivate the acquaintance of Mrs. Ford, who introduced him to several of her circle of acquaintance, and permitted him to take the third volume of Blackstone.
The work was finished with the fourth week, to General Ford's satisfaction, and Bart was then set to try his teeth on Buller's "Nisi Prius," made up of the most condensed of all possible abstracts of intricate cases, stated in the fewest possible words, and those of old legal significance, the whole case often not occupying more than four or five lines.
The cases, as there stated, convey no shadow of an idea to the unlearned mind. What a tussle poor Bart had with them! How often he turned them over, and bit at and hammered them, before they could be made to reveal themselves.
The General looked grim when he handed him the book, and said that he did so by the advice of Judge Hitchcock. He also loaned him Adam Smith and Junius, with permission to take any books from his library during the winter, and they parted—the General to go to his duties in the Legislature, and Barton to work his way on through the winter and into the law.
The devotion of Bart to his books took him wholly from association with others. He wrote occasionally to Henry, saying little of what he was doing, and going rarely to the post-office, and never elsewhere. He developed more his care of his mother, and a protecting tenderness to his younger brothers.
Kate Fisher's little party came and went, without Bart's attendance.
The Major was spreading himself out in building houses, clearing land, and unconsciously preparing the way to a smash-up; and the immediate care of the family devolved more and more upon the younger brother.