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died, he would have executed this task on a scale of India, and that vibration was a loud and melodious tri. proper dimensions. But by proper dimensions we do bute to the genius of literature. not mean that a bulky volume was necessary for the The memoir contains other facts illustrating the value purpose. We wish the circle of biography to include of literature. Dr. Carey's impressions of missionary all that it can legitimately be made to contain. With life, were deepened by his geographical studies. It apdue deference to the author of Lalla Rookh, we think pears that he taught school in England. He had a fa. he made a circumference for the life of Lord Byron 100 cility in acquiring knowledge, but not the talent of im. vast to be filled up either with instruction or amusement; parting it; and hence he succeeded but indifferently and five or six hundred letters deposited within it, with his school. The superficial are always prompe to ought to have found a place among the works, rather deal out what they know; but in the most of his aithan the memoirs of the noble poet. This remark will tainments, Dr. Carey was profound. It is likely, how. apply to many lives in modern days, though there are ever, that he was too much bent on the improvement of some modern pieces of biography superior to any of his own mind, to give an undivided attention to the which antiquity can boast.
minds of his pupils. He was constantly engaged in But in beginning this communication, we had a collecting the statistics of geography, and in search of specific object in view, and that was to take out of this recondite facts-of customs not yet accurately defined, memoir a few incidental facts which illustrate the value and systems of religion differing from the one received of literature. We looked then, in reading it, with anx. in England. Geography has been called a science ; but iety, to find the source from whence Dr. Carey derived it ought scarcely to be dignified with such a title. The the first impulse to a missionary life, and happily we earth lies so open to investigation, and an acquaintance have the statement, not from the biographer, but from with it demands so small a portion of abstraet talent, the subject of the biography. On page twelfth of the that the science is claimed as belonging rather to the gememoir, we find the following declaration : “Reading neral than to the precise operations of the mind. The Cooke's Voyages was the first thing that engaged my literary man cannot be indifferent to geographical infor mind to think of missions.” We view this as an im- mation, because so many of the materials with which portant literary fact. These Voyages may not be a he works are brought from this source. There are finished production ; but few works have ever wrough many things which the poet uses, with which he may so powerfully on the human mind. Perhaps De Foe, as a not be scientifically acquainted. There never was a writer, was more popular; but his was the romance of poet who did not admire the stars; but all poels have the sea, whilst Cooke gave us nothing but maritime re- not been conversant with astronomy. Thus Thompson alities. De Foe fixed allention on a solitary man; but honored the memory of Sır Isaac Newton in his verse, Cooke, on masses of men hitherto unknown. Many but sought from others the amount of philosophical in. regarded De Foe's as a puerile performance, and would formation necessary to the execution of his task. But not look into the deep moral lessons which he taught, it is recorded in the Life of Thompson, that he was inwhilst no prejudice of the kind existed against Cooke. ordinately fond of voyages and travels. Such works Even the occupants of farm-houses could follow the feed the poetical mind, and some of the most imagina. track of the navigator, under the conviction that it tive men have derived advantages from going abroad. would lead not to fictitious scenes, but to islands luxu. This may be said of Homer, Camoens, Milton and riant in tropical fruits, among which many of our spe. Byron. It was by this general study that the taste of cies had found a home. Customs entirely novel, trees Dr. Carey was fostered for missionary life, and no man laden with unusual fruits and flowers, expanded by the did more to stop the car of Juggernaut
, to abolish sutsun, took their place among the colorings of the human tee, or to rupcure the first links in the chain of the caste. imagination. These things appeared marvellous at the It further appears from the memoir, that Dr. Carey time, and realized a declaration since made, that was a botanist. It is not the object of the biographer to
represent him in his character as a philosopher, nor is it " Truth is strange-
ours to speak of him in his religious character. But he Stranger than fiction."
was always writing back to England for works on
plants. He was always wanting the newest publicaThese voyages not only influenced many to attempt iions on this and kindred subjects, and that at a time the perils of the deep; but, by enlarging the boundaries when he had no home but the pinnace, the jungle, and of human knowledge, they incited many powerful minds. the sunderbund. The passion he had formed in Eng
. Sir Joseph Banks, and Solander, a pupil of Linnæus, land was not the less vigorous, because the person in accompanied Cooke in one of his voyages. Having whom it resided was transferred to India. It is admittaken a record of plants in their native lands, they led that botany is a science existing from the earliest went in search of other and cognate families. But limes, but brought to a high state of improvement by these voyages affected the complexion of poetry. The the immortal Swede. This science has been appropri. poet, tired of objects which he had seen, longed to deated by literature to its own service. It forms one of scribe what he had not seen ; and we would ask whether the elegant pursuits, and belongs clearly to that region Coleridge, Byron and Montgomery have written no- of ideal enchantment over which poets delight 10 roke. thing, the materials of which have been brought from the The sun of science has here distributed his rays; but grottos of the deep, the beaches of the sea, and the they have been conbined into a thousand diamond and islands of the restless ocean. In this way, the book on planetary points of beauty. Let it not then be forgotwhich we are remarking has become interwoven with cen, that in this pursuit
, Dr, Carey employed moments polite letters; and we have proved that this book of relaxation from the toils which consumed his valua. awoke the moral chord which has vibrated throughout ble life. He did not disdain the analysis of a Hindoo
plant, even when he was grappling with all the dialects, comes rich; but by his disinterestedness he dies poor. of Asia. And then it appears that he was anxious to He is the associate of pundits, rajahs, and viceroys, compose a system of Hindoo ornithology. Every and the King of Denmark presents him with a medal. branch of natural history engaged his attention; but it Many great names are connected with India, but is probable that in some branches he was simply an among them all there is not one brighter than that of amateur. His translation to India introduced him into the subject of this memoir. Comparisons are invidious a new world. The translation of Wilson to this coun- among the living, but not among those who have fulfilltry, produced the ornithological taste by which he was ed their appointed tasks. Sir William Jones was a distinguished. Grahame wrote a poem entitled the man of more polished mind, and Bishop Heber of more “Birds of Scotland,” but the genius of Wilson was refined taste, and Bishop Middleton was a more pronever awakened in North Britain. Far be it from the found Greek scholar; but they were sustained by the writer to insinuate that Dr. Carey was devoted to pur- patronage of the government. The one was fortified by suits of this kind, in the injury or neglect of his appro- the seal of his king, and the others carried to India priate vocation. But the eagle, when poising himself crosiers from the church established by law; but in playfulness, may keep his eye on the sun; and this when did either or all of them publish the scriptures in good man kept his wide awake to the central mark at forty dialects. Much then as we revere such benefacwhich he aimed. It appears, too, that he engaged in tors of our race as Sir James Melntosh, or Sir Stamthe translation of a sanscrit poem. This employment, ford Raffles, or Claudius Buchanan, or Henry Martyn, however, does not seem to have been congenial to his let us generously yield the palm to the man who has taste ; and this was owing probably to the defective deserved it. The name of Carey will not be forgotten. ness of his imagination. One of his reviewers has re- It will Aoat forever on the tide of the Ganges; it is asmarked, that a mytho-epic poem was scarcely in har-sociated with each grassy jungle, and it shall be more mony with missionary employment. Nor was an indigo conspicuous, when the children of the east shall weave factory at Malda in unison with the same employment. millenial flowers into the mane of the lion, or entwine But he found that he must subsist, or the mission die, them round the antlers of the Persian gazelle. When and therefore he superintended such a factory. It is the Ganges is low, the million who inhabit Calcutta are probable, then, that the translation of the poem was refreshed at a reservoir of vast dimensions excavated in subsidiary to acquiring a knowledge of the language, their city. When their antiquated systems of religious and of the religious belief of the Hindoos. Without error are exhausted, and the people shall be ready to an acquaintance with the Hindoo religion, how could die of mental and moral thirst, they will turn, we hope, he possibly subvert it; and without perfecting himself to those transparent cisterns of truth, which have been in the language, low could he have compiled the gram- excavated by the hand of religious literature. mars and dictionaries of which he was the author. Finally, we go for missions, and if asked for a reason, But the value of literature is pre-eminently seen in the we reply, for the present, in the words of the lamented contrast between where literature found him, and the Heber-unparalleled usefulness to which he was elevated by its
“ From Greenland's icy mountains, power. It may be said that his piety accomplished
To India's coral strand,
Where Afric's sunny fountains much in his behalf; but the object of piety is to confer
Roll down their golden sand moral rather than intellectual worth. When he lost
From many an ancient river, sight of England, he left in it many a miner, hedger and
From many a palmy plain, toll-gatherer as pious as himself; but he went forth un.
They call us to de iver
Their land from error's chain." der the auspices of religious literature, and in her name, wrought for the benefit of millions, who, existing prospectively in the ocean of divine wisdom, will one day arrive on the beaches of our island world. Dr. Carey was born in Paulerspury, Northamptonshire, of obscure
BAR ASSOCIATIONS. * parents. He was apprenticed to a mechanic. He felt a desire to learn, which he could not suppress. He
It is well known that there exist, at divers places in teaches school, and officiates as a preacher in several
the southern country, certain combinations among the obscure towns. We wish his biographer had described gentlemen of the bar, commonly styled Bar Associathese localities more fully. He seems destitute of
tions, for the purpose of exacting from the community the associating faculty. He does not so much as hint tion permitted among the bar for professional business.
higher fees than could be obtained, were a free competithat Doddridge and Hervey officiated in the same shire--that it was one of the visiting places of Akenside,
Sincerely believing that I have correctly described the and the birth-place of Dryden. But Dr. Carey goes whatever be their ostensible objects, or whatever sub
true, substantial character of these confederations, forth poor and unknown. Perplexed by the suspicious ordinate purposes they may effect, I shall endeavor to policy of the East India Company, he takes refuge in show that they are wrong in principle, and injurious in Serampore, a Danish town. Many go, year after year, their practical results, both to the legal profession and from England to India, but they are allured by the love of gain. When Leyden was dying, he saw a piece of
the community at large. To prevent all misapprehenIndia gold, and he closed his life in the act of inditing to * The following communications have been endorsed by one it a pathetic sonnet. When property enough is secured, of the ablest political economists in the southern country, to these adventurers expect, with their acquired rupees, to
whom they were submitted. He says: “I am against pro
fessional as well as trades unions. I consider them as conspi. purchase some greenwood home in England. But Dr. racies against the community at large, and against the younger Carey expatriates himself as a perpetual exile. He be. I and less experienced members of the craft."
sion, I must say distinctly, at the outset, that I do not imposition, and all the best interests of mankind are impeach the motives of the members of these associa- advanced. tions Far be it from me to hold up to public execra. Now, it is perfectly evident that all associations tion my respected brethren of the bar, as money-thirsty among the members of particular avocations, estabShylocks, wickedly conspiring together to practice lishing certain fixed prices for their commodities, and wholesale extortion upon a suffering community. I pledging themselves not to undersell each other, are would do them no such injustice ; and it taxes not my in Aagrant hostility to the great commercial law we charity in the slightest degree to admit, as I sincerely have been discussing. They prevent competition. The do, that, unconsciously biassed by the insidious influ- great strife in competition, is, to furnish the best article, ence of self-interest, they no doubt see in these associa- or to render a certain service in the best manner, for tions nothing objectionable, but much that is commenda- the least compensation. A fixed uniform price is then ble. It is hard to see the truth through the bewildering plainly at war with the great animating principle of and distorting mists of self-interest. Than self-interest all commercial enterprise. nothing is more insidious and ingenious. It is constant. Let us suppose for a moment that all other profesly operating upon the human heart, and we daily see sions and avocations enter into similar combinationsit giving a wrong determination to the judgments of that merchants and artisans pledge themselves not to the best of men. Whilst, therefore, I cheerfully acquit take less than certain stipulated prices for their com. these gentlemen of intentional wrong, I shall express my modities or services—what an unnatural scene society sentiments freely with regard to the principles and would present! What an utter subversion of the fun. effects of all such organizations.
damental principles of commerce would be exhibited! It is necessary to premise, that the members of these Buy where you can buy cheapest; sell where you can associations solemnly pledge themselves to each other, sell dearest--these common sense axioms of all sound not to receive from their clients less than certain stipu. traffic would be exterminated; industry and enterprise lated fees for certain defined professional services; would be in a measure paralized; the spirit of im. pledging themselves, also, to suspend all professional provement would be palsied; society would be ironintercourse with, and to withhold every professional bound and stereotyped, and, instead of advancing to courtesy from such refractory members of the bar as higher and still higher degrees of improvement, would contumaciously refuse to join the confederation. First, present from age to age the same dull, inanimate then, these associations are wrong on principle. features. But where competition is unfettered, where . It is a fundamental maxim in political economy, that trade is free, where it is untrammelled by unnatural the freest competition should not only be permitted, but restraints, ils direct tendency is to stimulate enterprise encouraged in every department of human exertion. to its mightiest efforts, to create skill and ingenuity, Competition is admitted by the common sense of man- to reduce prices to their proper level, to adapt them kind to be, according to the trite adage, emphatically to the ever Aluctuating tide of human affairs, and "the life of business.” It presents the most powerful thus to promote the best interests of society, and 10 stimulus to exertion. It arouses not only the self-in-carry forward the great work of human improvement
. terest, but also the pride and vanity of the human heart. These associations, then, conflicting as they do, with It nerves the brawny arm of the laborer for ceaseless great and pervading public principles of vital imporloil by day, and it chains the pale student over his tance to society at large, are wrong in their very condizzy page by his midnight lamp. It gives skill and stitution, and ought therefore to be abolished. vigor to the physical powers, and it sharpens and My second position was, that these confederations are strengthens all the faculties of the mind. It is the injurious to the legal profession. I do not mean in a patron of industry and enterprise, and the foster- pecuniary point of view, but in their influence upon mother of the arts and sciences. It gives life and en the character of the bar for professional acquirements ergy to society, and it is in fact the great propelling and abilities. Competition creates skill and ability; power of the world. It is one of the great conservative it sharpens the mental faculties, and stimulates the and progressive principles of society.
individual to the greatest possible exertion. But as Destroy competition, and you cut the sinews these associations, in some degree at least, prevent industry; you paralize enterprise ; and you palsy the competition, they must, also, in the same degree, tend spirit of improvement. Society becomes at once a to suppress the ability which competition would elicit
. lifeless, stagnant pool, whose putrid exhalations will Every one would naturally expect to find the most soon fill the whole atmosphere with its deadly mi- skilful artisans, and the ablest professional men, where asmata.
there was the keenest and freest competition. But this is not all. Competition is not only the There is another view of this subject
. These fired great stimulus to enterprise, and the parent of skill and tariffs of fees are ordinarily much too high for the plain
, ingenuity, but it is also the great guaranty of society formal, ordinary business of the profession, which ang against the unconscionable exactions of self-interest. one can transact. The consequence is, that the proCompetition brings everything down to its proper level. fession is surcharged with petty retainers
, who add Its natural tendency is to reduce all commodities to nothing to its dignity and respectability. Were a free their fair average prices. Is an article unnaturally competition permitted, this sort of petty business would high ?-capital and labor are attracted towards it; com- soon fall to its proper level; the emoluments of the petition ensues ; the market is glutled, and prices sink, profession would be reserved as the rewards of learnEverything is thus reduced to its proper level; prices ing, talent and worth; the number of petlifoggers are left free to adapt themselves to the ever changing would be diminished, and the respectability of the procondition of human affairs ; society is protected against fession advanced.
A MEMBER OF THE ALABAMA BAR.
My last position was, that these associations are contracts with my clients ? Is it to be supposed thal injurious to the community at large ; and if there is high minded and spirited men, who are conscientiously any truth in the general scope of the preceding rude opposed to these associations, will, with the craven and hints, (for these crude remarks aspire to no higher cha- dastardly spirit of a slave, tamely bow their necks racter) that position is already sufficiently established. to the yoke? I tell you, nay. No man in whose But these confederations inflict a direct injury upon bosom beats a manly heart, will be deterred by any society, by exacting higher fees than a free competition menaces, or by any unfounded imputation of sordid would tolerate. If they do not have this effect, they motives, from the plain path of duty. He will resist are useless to the bar; if they do, they are injurious to the last gasp, all attempts to tyrannise over his con. to the community. We all know that members of the science; and in this high course, I doubt not he would bar frequently refuse to accept less than the stipulated be triumphantly sustained by an enlightened and vir. fee, not because they could not in justice to themselves tuous community. accept a smaller compensation for their services, but because they had pledged themselves not to take less than the tariff fee. These associations thus exact large sums of money from the community at large.
BAR ASSOCIATIONS. If then, these associations are, as I have endeavored to show, wrong in principle and injurious in their prac These Associations present three questions. tical effects, they ought to be forthwith dissolved. 1. Are they just to the public? They are unworthy of the enlightened profession of 2. Are they just, as between the parties ? the law. They are far behind the free spirit of the age. 3. Is their tendency to elevate or degrade the proThey savor too much of the shackles and manacles of fession ? the dark ages. A freer spirit is abroad upon the earth, 1. They partake of the nature of all agreements bidding the spirit of enterprise go forth unshackled, as among the venders of any article, to fix among themfree as the gales which swell the sails of the adventu- selves a tariff of price. These again partake of the rous mariner. Free trade, honorable traffic—these are nature of monopoly. When all venders are of one the maxims of the age, and the true principles of all mind, it is the same as if there were but one vender. commercial prosperity; and any association which Such associations, therefore, are attended by the pracmay oppose this free spirit, will one day be swept away tical evils of monopoly. like a bulrush before the swelling lide.
All monopolies are odious. The odium varies in Similar associations have not been found necessary degree, according to the nature of the article monopoelsewhere, to secure the rights and to sustain the dig- lized. Thus we may suppose-1. Monopolies of articles nity of the profession ; nor are they necessary here. the use of which is pernicious. These are easily borne. To assert that they are, is to libel the profession. Hence the high prices of tippling shops. 2. Of arti
The legality of these associations, too, is almost as cles of mere luxury. Of these, for various reasons, questionable as their policy. It deserves serious con- some founded in justice, some in vanity, some in mere sideration, whether they are not indictable at common recklessness, men rarely complain. 3. Of articles of law as conspiracies lo raise or sustain the price of necessity, but for which substitutes may be found, or labor. They certainly come within the spirit, if not which the consumer may make for himself. 4. Of within the letter, of the doctrine.
articles of necessity, which cannot be substituted or But if these organizations are objectionable in these made by the consumer. various aspects, the penalties by which they enforce To which of these classes does this monopoly belong? obedience to their arbitrary laws, even upon those who Clearly to the last and most odious. Men cannot inmay be conscientiously opposed to them, are liable to vestigate their rights, or pursue them, when ascertained, still severer reprehension. Recusants are to be sum- without the aid of the bar. Wherein then does this marily Lynched! Yes, sir ; all who refuse to join the differ from an agreement among the owners of all the conspiracy are to be outlawed; all professional courtesy springs in any neighborhood, to fix a tariff of the price is to be withheld from them; non-intercourse is to be of water? In this: the necessity for water is one of declared; every legal advantage is to be taken of them; God's creation. The other is the work of society and they are to be kicked out of court on all occasions; legislation. Men are especially bound not to abuse a their professional reputation is to be destroyed, and power over artificial wants of their own creation. themselves, if possible, driven from the profession in Besides, it is easier for every man to dig his own well, disgrace! They are lawful game, and the whole pack than for every man to be his own lawyer. "He who of bloodhounds is to be let loose upon them! Is this is his own lawyer,” says the proverb, " has a fool for right? Is it just? Is it worthy the generous profession his client.” of the law? If a member of the bar degrades himself These associations are also unjust to the public, beby dishonorable conduct, spurn him from you; but cause they force a man to give for an inferior article, what right have you to force me to join a confederation which he happens to want, the value of a superior which I disapprove? What right have you to at. article, which he does not want: to buy the time of a lempt to blast my professional reputation, because 1 mere drudge, at the price of the time of a man of genius choose to exercise my profession like a freeman ? and learning : to pay coach hire, though he rides in a because I do not choose to do violence to my conscience, cart. It is as if the manufacturers of broadcloth should by adopting your arbitrary laws ? because I will not engage the manufacturer of Kendal cottons not to permit you to dictate to me the rules of my professional undersell them. conduct, and officiously to interfere with my private II. These associations are unjust as between the
parties. The terms are generally prescribed by the triously maintaining the superiority of genius, and superior members, who thus take away the main in- ability, and application, over imbecility, ignorance and ducement of the suitor to engage the services of inferior sloth. men. Such men may manage particular cases quite successfully, but there is a sense of security produced, by the knowledge that our business is in able hands, that decides us in favor of the superior man, if to be
[Some letters appear in Blackwood, purporting to be had at the same price.
from the German Baron mentioned below : but we are III. These associations degrade the bar. By securing to the leading members of the profession a large such author as Baron Von Lauerwinkel, or whether
really at a loss to determine, whether there was any share of the plain
business, and that at a higher price, these letters are not in fact the handiwork of Christhey feel less inducement to qualify themselves for dis. tinction in the more elevated departments. On the topher North himself, or some one of his tory coryounger and inferior members their operation is yet tone favors the latter supposition ; as to the following
respondents. Their strong English and conservative more pernicious. If left to fight their way without any private understanding, they would get business in the especially. None but a true born Briton, surely, could beginning by low charges. In this case they could have either felt and thought, or expressed himself, in so expect no indulgence or forbearance from the superior English a manner. We are not to be considered as whom they had underbid. They must take care to con.
subscribing to all his praise of Pitt. But both portraits duct their cases with order and regularity, which is a
are finely drawn; and in many traits, truly.-Ed. Mess.) great source of improvement. The rules of pleading are
From Blackwood's Magazine, 1818. like the commandments of the Lord. “In keeping them there is great reward,” for he who is capable of FOX AND THE YOUNGER PITT. correct pleading, and actually practises it, necessarily becomes an able lawyer.
The following sketch is translated from a MS, letter of the
Baron Von Lauerwinkel. Now in all these associations, there is a tacit com. pact for mutual indulgence, which ends in blank de. clarations, and in formal pleadings, and uncertain issues, “I shall not easily forget the impression which and an ulter confusion of ideas, on subjects where no- was made upon me when I first found myself thing is known rightly, which is not known precisely. within the walls of the House of Commons. I was And this must be so. The tyro, who is forced to con- then a young man, and my temper was never a tent himself with an occasional fee of $50, instead of cold one. I had heard much of England. In the ten fees of $5 each, will have a right to complain, if he, who has compelled him to charge the highest price become ours; for the human mind is formed for
dearth of domestic freedom her great men had for his article, should turn about and disgrace him by exposing its deficiencies. But this tacit understanding veneration, and every heart is an altar, undignisecures him in his ignorance. But for this, he would fied without its divinity, and useless without its be fair game, and would presently find that he must sacrifice. quit the bar, or qualify himself for it. These associa. “A lover of England, and an admirer of erery tions save him from the necessity of doing either. And thing which tends to her greatness, I contemplated, here is his inducement to acquiesce in such arrange notwithstanding, with the impartiality of a foreignments. They bribe him through his love of ease. er, scenes of political debate and contention, which is much more convenient to receive a high price for kindled into all the bigotries of wrath, the bosoms little work, slightly done, than for a great deal done of those for whose benefit they were exhibited. carefully. Such is the principle of the trades union. Absurdities which found easy credence from the Hence loose practice, and its consequence, loose ideas of law,
heated minds of the English, made small impresHere again the parable of the cloth manufacturers sion on the disinterested and dispassionate German. applies. The maker of Kendal cotton sells only to While rival politicians were exhausting against those who care nothing about the fineness of the arti- each other every engine of oratorial conflict, their cle. Hence he too is indifferent to it. Hence also he constituents eyed the combatants, as if every fear sells less, but being better paid for worse work, he is and every hope sat on the issue of the field, and
prayed for their friends, and cursed their enemies, The true tariff of prices is strict practice. No man with all the fervor of a more fatal warfare ; but incapable of learning the mysteries of pleading, is capa. the calm spectator, whose optics were not blinded ble of being a good lawyer. Strict practice is an by the mists of prejudice, though his reason might ordeal which excludes from the bar all who have no make him wish the success of one party, was in no business to be there, and thus leaves full employment danger of despising the bonest zeal or the valor of and rich rewards for the rest. But the system of mutual indulgence, which is but another name for sloth and those who were opposed to them. With whomsoself-indulgence, puts an end to strict practice. This ever the victory of the day might be, the very exopens the door to a multitude of pretenders. To istence of the combat was to bim a sufficient proof drive these out again is the object of bar associations that the great issue was to be a good one—that the Would it not be more honorable and more manly to ef- spirit of Englaod was entire—that the system of fect the same object, by frankly asserting and indus- suspicion, on which the confidence of her people is