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[For the Southern Field and Fireside.]
IN MEMORY.
Come back to a desolate hearth
From a lonelj, new-made grave,
With ail the joy of all the earth
Returned to God who gave. . i.
With a passionate sense of woe -
Oppressing heart and brain.
Swaying her light form to and fro “
As flowers do in therein.
How drearily down the leaves
Are falling one by one;
Her mournful memory with them weaves
That saddest echo—gone!
Leaving the home of earth
For a beautiful home of love,
And she must weep till her form from sleep
Shall wake in his arms above.
LThcohkc*.
——
[For the Southern Field and Fireside.
FIVE CHAPTERS OF A HISTORY:
A QIORffIAN CAURT, FORTT TSARS AGO.
*T rXILBXOM PBXCH.
When they were on their way home, Mr.
Parkinson asked Overton how be liked the spe
cimens as he termed his new acquaintances.—
The latter answered that he was much pleased
with the young man.
‘And you are not very much pleased with
Sandidge, I suppose.’
‘Why, no, I cannot say that I am greatly pre
possessed in his favor; and I guess that he re
turns the compliment, as he discourages my no
tion to practice law.’
‘He does, does he ?’ said Mr, Parkinson laugh
ing. ‘I knew he would; and though I am
much of his opinion in regard to any young
man who can do any thing else, yet I must say
that his example is encouraging. He very
well illustrates how a man of little talent, and
less education can grow rich and even attain to
some eminence at the bar. Sandidge is cer
tainly a queer genius. Twenty-five years ago,
everybody langhed at him—the Judge, the
lawyers, the juries, and the people. But San
didge laughed too in his way, and worked
every day and night; and somehow he got into
practice. The judge and lawyers came at last to
respectrinm, the sheriffs to fear him, and the peo
ple to be in awe of him, until now he has made
a fortune, has more influence with the present
judge, and is more successful before juries than
any lawyer in the circuit. I knew he would
attempt to discourage you. He always does.
I doubt if it is because he has no feeling, but
because it gratifies his vanity to exaggerate
those obstacles which he had to overcome-and
which nobody thought he would. And San
didge, though he looks like a fool, is really a
pretty good lawyer. There are men infinitely
his superiors, but he is untiringly industrious.
He prepares his cases so thoroughly and hangs
to them so doggedly, and studies the people
so constantly that he is, I repeat it, the most
successful practioner I kuow. He loves the
law; he glories in it, and knows nothing outside
of it.’
‘But Mr. Mobley; he is certainly a man of
real talent and education. Is be not likely to
succeed ?’
‘Mobley has very superior talent and a most
finished education. He was educated by an
uncle who died in the first year of uis colle
giate life, leaving in the hands of his executors
money to enable him to complete his course,
and enter his profession. His parents both
died when he was a child. But Mobley shines
everywhere except in the Court Room. There
he does not yet seem to be quite at home. I
have heard him speak once or twice; and he
certainly speaks well. But Sandidge worries
him so with the starting of unexpected issues
that he is often sadly put to his wit’s end. If
he could live without the practice, I am in
clined to think that, notwithstanding his pride,
he would abandon it. He will aucceed though
after a while, I doubt not, if he will persevere.
He is a lellew of tine wit, and gores Sandidge
badly sometimes when he can reach him, which
is not often the case, with this weapon. But
Sandidge only smiles, and almost always gives
things a turn which is sure to give him the
best of it at last.’
‘Do you usually have much business in the
Courts ?’
‘And if so which of these men do I employ
to attend to it, you would ask. Well,’ contin
ued Mr. Parkinson somewhat apologetically,
what little I have to do in tbaf way, I usually
give to Sandidge. I have known him a long
time, and he has always seemed to act an
honest part towards me. Besides, a man, juu
know, does not usually like to change the chan
nels of his business.’
Mr. Parkinson did not have the heart, after
what he had said of Mr. Sandidge’s influence
with the presiding judge, to give that as an
other reason for retaining him.
The young man said nothing; but he thought
with himself that, hard qs it was on a poor fel
low like Mobley, it was natural. And is it the
less hard because it is natural that tbe world
will delay to give help to a man in any busi
ness of life until, by long toiling and striving
alone, he has at last reached a point where he
can live without it? Yet such is the way of
life. You man with many elients, and many
more friends, baa there not been a time when
nineteen of every twenty of those whom you
now value the most highly would have fore
borne to lend you a helping hand, but would
THE SOUTHERN FIELD AND FIRESIDE.
have waited until they h*d seen whether by
tbe aid of the few who did stand by you, you
were likely to raise or to fall ? Let ua not then
fall out with what is natural in our fellow men,
and what our very selves would do, and what
we actually do because it is natural to us. We
would spare ourselves many an uncomfortable
feeling of contempt for the infirmities of human
nature as we see them illustrated in the lives
of our neighbors, if we would but reflect that,
what is more often than otherwise the case
with us, we would act in the same circum
stances just as they do. Ask yourself, 01 best
of men, how many young men are there in any
profession whom you so cordially wish to pros
per in it, that you would be willing to take any
of your business out of its old tried channel—a
channel so freighted with your’s and other peo
ple’s business that it would not miss the little
you would take from it—and risk it in their
care until they have proved that the consign
ment will be a safe one? Or if you sometimes
do this, is it not done a little slyly, and do you
not feel like apologizing, and when discovered,
do you not actually apologize to the old chan
nel, and tell how trifling was the freight you
have taken from it, and how you supposed it
would not care to be pestered with such a small
matter? Yes, and the old channel says that it
makes no difference, and that it is all right;
but then you feel as if it was not all right, and
ag if you had injured the old channel, and you
go to work straightway, and ship a whole boat
load on it.at ence.
CHAPTER 111.
‘Can’t we get through with the docket by
Friday night?’
"There’s business enough here to occupy the
whole week and more too. You’ll have to sit
au adjourned term to get through with it.’
'I shall do no such thing; and what is more
I shall adjourn the Court Friday night.’
Mr. Sandidge smiled with wonted compla
cency. ‘I don’t think we can hardly get to the
Appeal before "Wednesday dinner; and it looks
like a pity but what some of them cases that’s
been continued so long could be tried. 1 We
lawyers ain’t like judges to go and draw our
salaries every three months, but have to wait
until tbe cases are disposed of. and sometimes
a long time getting them then."
This excellent joke put him on a broad grin.
The judge did not seem to appreciate it much,
though be smiled in faint commendation. He
was fifty years old, twenty-five of which had
been spent in the practice of the law in which
he had risen to a fourth rank. As a set-off to
this professional eminence, he had remained as
he had begun, poor in purse. Three years be
fore this, an election was being held for tbe
office ot judge of the Superior Court of that
circuit. Let us remember that at that time the
judge of the Superior Court was tiie only high
judicial officer in the circuit. He was both
judge and chancellor. His discretion was un
controlled and uncontrollable in all cases re
garding the seen rity_the property, and the re
putation of citizens
of the Constitution of the State was unalter
able by any human power. Three years before,
politics had taken one of its turns, and the
party to which the fourth-rate lawyer of twen
ty-five years practice belonged unexpectedly
found itself with a small majority in the Legis
lature. The incumbent of the Bench, being a
member of the minority, was of course to share
its fate, and retire from office. There wore
two prominent candidates from the-party in
power; member of Congress who
was finding W difficult to recover the practice
which he had given up fifteen years before, and
the other a man of ten years connection with
the profession, of very promising talents, and
of a good property, who sought the office for
the eclat, and the power which it would confer
upon him. Several ballots had been made
without an election. Mr. Elam Sandidge, for
certain reasons of his own, had consented to
represent his county in the Senate, and was
one of the party in minority. A niero amused
man it was seldom any one’s privilege to see
than was ho when on tbe repeated counting
out of tbs votes the presiding officer announced
that there had been no election. He looked to
this and to that one on either side of the house,
and went about whispering to some, winking
at others.
‘What is that dirty old rascal doing on our
side of the aisle ?’ inquired a majority member
of his neighbor.
‘I can’t tell; but some rascality brings him
here, you may swear to that.’
While the votes were being counted out for
the fifth time, Mr. Sandidge* walked quickly
over to that side. ,A dozen anxious, pitiful
looking members gathered around him.
‘Put him up next time! put him up next
time!’ he said, and walked back again, taking
in with a sweeping wink the whole of l»i« own
party. When the result was announced, and
directions given to prepare for anoi her ballot
ing, ‘Mr. President, Mr. President, ’ screamed
a voice from the majority side, I announce the
name of Littleberry W. Mike, Esq., from the
county of *—■—. This announcement was
followed by roars of laughter from the minority
and by hisses, and cries of ‘who is lie?’ from
the other. Immediately, however, the leaders
of both were busy as bees. Threats and
criminations were heard among the friends of
tha two prominent candidates: then entreaties
from both to the opposition. ‘Take him down,
for Heaven’s sake. ‘lt is a shame hy blood.’
‘Don’t put bim on us-if you please.’ ‘Any
body else,’ Ac. All to no purpose—the nomi
nee was elected on the next ballot.
‘Why, how di.* you get elected, Berry?’
slyly asitod Mr. Samudge of the judge elect, as
on the dispersion of the members he met him,
trembling and pale as a corpse, at the foot of
the gallery, and shook his cold hand. ‘lt ap
pears like you must have got some votes from
our side of the house.’ The newly elected
pressed the hand of his friend, and they went
tozother to the hotel, on the way to which he
was forced te hear from among the crowd
many a bitter jest of which he was the sub
ject.
This election was an instance of that miser
able policy yet adhered to, by which minori
ties, in order to render majorities odious, do
not hesitate to contribute all they can to make
them do the greatest amount of harm to pub
lic interests. Men may say what they will of
caucuses; but until there is a higher standard
of public and private virtue amongst us, they
will be indispensable.
When a man of inferior parts is raised to an
office of great authority, he is apt, unless he
has great virtues, and very amiable disposi
tions, to exert that authority, as far as is com
patible with safety, in enforcing a regard
which those parts have been inadequate to se
cure. Cowardly as this is, it is not more inju
rious to truth, and justice, and reason, than
when such a man in led by such an elevation
to look upon himself as having been heretofore
depreciated, aud to consider the elevation,
whatever were the circumstances which affected
it, as the decree of infinite justice in his favor,
determining at last to give merit its just re
ward. Sometimes he is on#, and sometimes in
the other of these two states alternately;
never being abls to determine exactly whether
he ought to occupy his position or not, but
ever attempting to resolve tbe doubt by such a
vigorous exercise of authority aa will at least
foreclose all doubts in tbe minds of others as to
his actual possession of it. Os such a character
was the newly elected judge. He had long
had his heart set upon the Bench. He looked
up to it as a mighty eminence—mighty enough
o satisfy the most eager ambition. Yet his
desires were not actuated wholly by ambition.
He wanted the salary. He needed it. He
was poor and had a family; and pitiful as the
salary was, it was twice as much as he mads
by his practice. Ashamed as he was to know
how the people regarded the notion of his be
ing judge of tbe Superior Court, he never, even
for one moment, gave up his desire to become
so, but kept himself always, yet in s quiet way,
in candidacy fur it. And though to the leading
members of the bar he had never presumed to
speak of the matter, knowing that he would be
laughed at if he did, they yet well knew what
his thoughts aud his hopes were. Nor had he
publicly announced bis candidacy at the meet
ing of tbe Legislature. He knew well that bis
only cbauce of election depended upon tbe fact,
whether true or false, it mad* no material dif
ference with him, that he was considered the
weakest and the shabbiest of the candidates of
his party. Wpile the prominerrt ones of these
were making interest with the leaders of tbe
party in the Legislature, he bad quietly, and in
away known only to himself and them, and
very probably to Mr. Sandidge, obtained tbs
promise of assistance from a few unknown
members who should be able, by scattering
their votes under the direction of him end Mr.
Sandidge, to defeat the election of any on# un
til a suitable opportunity should occur for his
name to be presented. We have seen with
what result this was doue.
With the recollection of all the circumstances,
Judge Mike thanked two objects for his eleva
tion : first, his own lucky genius, and secondly,
Mr. Sandidge. He was, doubtless, quite in
clined to indulge in kindly and grateful feeling
towards the latter from habit; for he was un
der a pecuniary indebtedness to him of several
hundred dollars under a writ of fieri facias
which Mr. Sandidge, three or four years before,
had been kind enough to “lift,” to have trans
ferred to himself, and to forbear enforcing pay
ment thereoi in consideration of sixteen, which
he called a living, per centum of interest.—
What sacrifices the indulgent credit').- was al
ways making, when at every renewal of the
note for the extra interest, he solemly avowed
his need of the money, and of his submission
to go without it for no earthly reason than to
oblige his friend I On that friend’s accqjeion to
the Bench, when first they were alone together,
he took the last note of renewal from his pock
et-book, and handed it to him without saying
a word. The judge appearing surprised, Mr
Sandidge with smiling solemnity protested tha
he never could exact usurious interest from a
judge ot the Superior Courts of the State of
Georgia. He hoped he had too much respect
for the dignity of the office to do any such
thiog as that. The judge, after feeble remon
stration, took the note, looked at it, sighed, and
tearing it slowly to pieces, felt already one of
those palpitating and almost painful joys which
only men in office have. It was a small mat
ter, but it touched him; for his means were
small, and he felt as if henceforth be could live.
But to return to the conversation with which
this chapter began, and which took place in
the judge’s room at the hotel on tbe Sunday
night before the sitting of the Court.
‘How does that smart chap Mobley get on?’
‘About like he was.”
‘Knowing every thing but law, I suppose,
and knowiug nothing about that.’
‘Just so. The fellow studies like rip; but,
' - _ ■
judge, be don’t study right. He studies books
instead of meD.'
Mr. Sandidge delivered this sentiment vrith
contemptuous pity.
‘He thinks if we had a Supreme* Court, he
would do something grand.”
‘He’s for a Supreme Court, is he ?’ inquired
the judge with a frown.
‘Warm, warm—has been from the first.’
‘lt will be some time before he gets it, I’m
thinking.’
‘That’s what I tell him.’
‘Thank God. its only these book men that
want a Supreme Court. They don’t know,
Sandidge, they don’t know anything outside of
books.’
‘Not the first thing : that’s what I tell ’em.’
‘They think that because such a pint has
been decided such away, by such a judge, that
it should be decided so always; and they are
forever and eternally talking about settling the
law, settling the law—like it was—Sandidge,
just like it was so much coffee.
Mr. Sandidge spat all over himself, wiped
his mouth with his hand, and came very near
laughing outright.
‘And I would like to kqow how, in the name
of common 6ense, it ever could get settled.
There aint any thing to settle it by. That’s
the pint; there aint any thing to settle it by.
He looked enquiringly to Mr. Sandidge, and
seemed to wish that gentleman to tell what
there was to settle it by, if he knew of any
such thing. The latter shook his head.
‘No, sir I there aint nothing to settle it by;
and when Mobley is talking about what Lord
Mansfield said, and what Lord Hardwick said,
or any of them old lords and judges, it's on the
end of my tongue to stop him, and tell him
that they are all dead, aud consequently can’t
know any thing about the case at bar. And,
Sandidge, it always struck me as very curious
that the laws of England should be the laws of
Georgia.’
It was a remarkable coincidence that that
idea had over and over again struck Mr. San
didge. He however hinted that iu some cases,
(and those were cases in his opinion when the
authority happened to be on his own side,) k
where the English law was very plain and
directly in point, and it ought to be followed.’
‘Certainly, certainly, in such cases; and I do
follow it; but lam the judge of that myself.’
‘Ah 1 yes—that was right—low they were
exactly agreed—the judge, if he was judge, of
oourse, ought to be the judge. If he wasn't, of
course, he couldn’t be, which was absurd;’ and
Mr. Sandidge almost frowned in the effort of
elaborating this reductio ad absurdum.
‘Absurd—so I think ; aud Mobley and such
as he may study their eyes out for me. When
they bring up law that I think is right, I shall
sustain them; when I don’t think so, I shall
overrule them. Thev may get their Supreme '
Court if they can. It aint going to be in my
day, thank God. If it was, I just know that
I couldn’t and wouldn’t stand it. Before I
would have an overseer over me, and I judge
of the Superior Court, and have to be eternally
looking into old books to find out what them
old English lords and judges said a hundred
years ago, when the country wasn’t like this,
nor the people neither—why Sandidge, you
know I havn’t got the books, and conldn’t af
ford to buy them—l say, before I would be put
to all the treuble and expense of reading law
and nothing else, and then have my decisions
brought back on me, and I treated like I was
—like I was in fact,a nigger,—l would die first.’
Mr Sandidge smiled approvingly.
‘Why, who would respect me?’
‘Nobody.’
‘How could I enforce the authority of the
Court ?'
‘Couldn’t be done.’
‘lf I put a fellow in jail, just like as not, they
would take him out.’
‘Like as not.’
‘lf I fined one, ten to one, it wouldn't stick?’
‘Just so—ne wouldn’t stay found.’
‘lf I refused to grant a new trial, knowing
that I am against them, they would send a pa
per ordering me to grant it. Don’t you see
they would, knowing I am against ’em ?’
‘Plain as day. Sehd a paper ordering! the
Judge! of the Superior Court!! ’
‘I tell you, Saddidge, before I would stand it,
I would die first. In fact, I would resign ?! !
This was capping the climax. Dymg would
be a poor and a very inadequate resentment.
He would go beyond that. He would volun
tarily and disgustedly let go his hold upon
power. The consequences might be what they
pleased, he should resign. ‘I tell you, San
didge,’ he repeated once more with fearful em
phasis I should RESIGN !
Mr. Sandidge, although purposing to appear
alarmed, smiled notwithstanding; and perhaps
the more because he thought sujh a deplorable
event not very likely to come to pass; and
perhaps yet more, because it instantly occurred
to him that if it ever should, he would console
himseif in the midst of his own losses and
grief as well as he could by replacing the extra
interest upon the fi fa not yet paid off and dis
charged.
•And what will you leading lawyers do when
young men, smart young men like Mobley, go
before the Supreme Court with books in their
hands and turn you down ?
‘I shan’t live to see itand it was doubtless
the prospect of a far distant organization of
such a tribunal rather than ot his own early
decease, which gave the gratified and compla
cent expression to that smiling countenance. q
‘ [to be continued.] /
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