(where the judges wear a plain black robe), there is no such thing as a wig or gown connected with the administration of justice. The gentlemen of the bar being barristers and attorneys too (for there is no division of those functions as in England) are no more removed from their clients than attorneys in our Court for the Relief of Insolvent Debtors are, from theirs. The jury are quite at home, and make themselves as comfortable as circumstances will permit. The witness is so little elevated above, or put aloof from, the crowd in the court, that a stranger entering during a pause in the proceedings would find it difficult to pick him out from the rest. And if it chanced to be a criminal trial, his eyes, in nine cases out of ten, would wander to the dock in search of the prisoner, in vain; for that gentleman would most likely be lounging among the most distinguished ornaments of the legal profession, whispering suggestions in his counsel’s ear, or making a toothpick out of an old quill with his penknife.
I could not but notice these differences, when I visited the courts at Boston. I was much surprised at first, too, to observe that the counsel who interrogated the witness under examination at the time, did so SITTING. But seeing that he was also occupied in writing down the answers, and remembering that he was alone and had no ‘junior,’ I quickly consoled myself with the reflection that law was not quite so expensive an article here, as at home; and that the absence of sundry formalities which we regard as indispensable, had doubtless a very favourable influence upon the bill of costs.
In every Court, ample and commodious provision is made for the accommodation of the citizens. This is the case all through America. In every Public Institution, the right of the people to attend, and to have an interest in the proceedings, is most fully and distinctly recognised. There are no grim door-keepers to dole out their tardy civility by the sixpenny-worth; nor is there, I sincerely believe, any insolence of office of any kind. Nothing national is exhibited for money; and no public officer is a showman. We have begun of late years to imitate this good example.
I hope we shall continue to do so; and that in the fulness of time, even deans and chapters may be converted.
In the civil court an action was trying, for damages sustained in some accident upon a railway. The witnesses had been examined, and counsel was addressing the jury. The learned gentleman (like a few of his English brethren) was desperately long-winded, and had a remarkable capacity of saying the same thing over and over again.
His great theme was ‘Warren the ENGINE driver,’ whom he pressed into the service of every sentence he uttered. I listened to him for about a quarter of an hour; and, coming out of court at the expiration of that time, without the faintest ray of enlightenment as to the merits of the case, felt as if I were at home again.
In the prisoner’s cell, waiting to be examined by the magistrate on a charge of theft, was a boy. This lad, instead of being committed to a common jail, would be sent to the asylum at South Boston, and there taught a trade; and in the course of time he would be bound apprentice to some respectable master. Thus, his detection in this offence, instead of being the prelude to a life of infamy and a miserable death, would lead, there was a reasonable hope, to his being reclaimed from vice, and becoming a worthy member of society.
I am by no means a wholesale admirer of our legal solemnities, many of which impress me as being exceedingly ludicrous. Strange as it may seem too, there is undoubtedly a degree of protection in the wig and gown - a dismissal of individual responsibility in dressing for the part - which encourages that insolent bearing and language, and that gross perversion of the office of a pleader for The Truth, so frequent in our courts of law. Still, I cannot help doubting whether America, in her desire to shake off the absurdities and abuses of the old system, may not have gone too far into the opposite extreme; and whether it is not desirable, especially in the small community of a city like this, where each man knows the other, to surround the administration of justice with some artificial barriers against the ‘Hail fellow, well met’ deportment of everyday life. All the aid it can have in the very high character and ability of the Bench, not only here but elsewhere, it has, and well deserves to have; but it may need something more: not to impress the thoughtful and the well-informed, but the ignorant and heedless; a class which includes some prisoners and many witnesses. These institutions were established, no doubt, upon the principle that those who had so large a share in making the laws, would certainly respect them. But experience has proved this hope to be fallacious; for no men know better than the judges of America, that on the occasion of any great popular excitement the law is powerless, and cannot, for the time, assert its own supremacy.
The tone of society in Boston is one of perfect politeness, courtesy, and good breeding. The ladies are unquestionably very beautiful - in face: but there I am compelled to stop. Their education is much as with us; neither better nor worse. I had heard some very marvellous stories in this respect; but not believing them, was not disappointed. Blue ladies there are, in Boston; but like philosophers of that colour and sex in most other latitudes, they rather desire to be thought superior than to be so.
Evangelical ladies there are, likewise, whose attachment to the forms of religion, and horror of theatrical entertainments, are most exemplary. Ladies who have a passion for attending lectures are to be found among all classes and all conditions. In the kind of provincial life which prevails in cities such as this, the Pulpit has great influence. The peculiar province of the Pulpit in New England (always excepting the Unitarian Ministry) would appear to be the denouncement of all innocent and rational amusements.
The church, the chapel, and the lecture-room, are the only means of excitement excepted; and to the church, the chapel, and the lecture-room, the ladies resort in crowds.
Wherever religion is resorted to, as a strong drink, and as an escape from the dull monotonous round of home, those of its ministers who pepper the highest will be the surest to please.
They who strew the Eternal Path with the greatest amount of brimstone, and who most ruthlessly tread down the flowers and leaves that grow by the wayside, will be voted the most righteous; and they who enlarge with the greatest pertinacity on the difficulty of getting into heaven, will be considered by all true believers certain of going there: though it would be hard to say by what process of reasoning this conclusion is arrived at. It is so at home, and it is so abroad. With regard to the other means of excitement, the Lecture, it has at least the merit of being always new. One lecture treads so quickly on the heels of another, that none are remembered; and the course of this month may be safely repeated next, with its charm of novelty unbroken, and its interest unabated.
The fruits of the earth have their growth in corruption. Out of the rottenness of these things, there has sprung up in Boston a sect of philosophers known as Transcendentalists. On inquiring what this appellation might be supposed to signify, I was given to understand that whatever was unintelligible would be certainly transcendental. Not deriving much comfort from this elucidation, I pursued the inquiry still further, and found that the Transcendentalists are followers of my friend Mr. Carlyle, or I should rather say, of a follower of his, Mr. Ralph Waldo Emerson.
This gentleman has written a volume of Essays, in which, among much that is dreamy and fanciful (if he will pardon me for saying so), there is much more that is true and manly, honest and bold.
Transcendentalism has its occasional vagaries (what school has not?), but it has good healthful qualities in spite of them; not least among the number a hearty disgust of Cant, and an aptitude to detect her in all the million varieties of her everlasting wardrobe. And therefore if I were a Bostonian, I think I would be a Transcendentalist.
The only preacher I heard in Boston was Mr. Taylor, who addresses himself peculiarly to seamen, and who was
