American Notes

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Book by Charles Dickens - American Notes, page 12

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as its present excellent management continues, any weapon,
offensive or defensive, will ever be required within its bounds.

Such are the Institutions at South Boston! In all of them, the
unfortunate or degenerate citizens of the State are carefully
instructed in their duties both to God and man; are surrounded by
all reasonable means of comfort and happiness that their condition
will admit of; are appealed to, as members of the great human
family, however afflicted, indigent, or fallen; are ruled by the
strong Heart, and not by the strong (though immeasurably weaker)
Hand. I have described them at some length; firstly, because their
worth demanded it; and secondly, because I mean to take them for a
model, and to content myself with saying of others we may come to,
whose design and purpose are the same, that in this or that respect
they practically fail, or differ.

I wish by this account of them, imperfect in its execution, but in
its just intention, honest, I could hope to convey to my readers
one-hundredth part of the gratification, the sights I have
described, afforded me.

* * * * * *

To an Englishman, accustomed to the paraphernalia of Westminster
Hall, an American Court of Law is as odd a sight as, I suppose, an
English Court of Law would be to an American. Except in the
Supreme Court at Washington (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 once a mariner himself.
I found his chapel down among the shipping, in one of the narrow,
old, water-side streets, with a gay blue flag waving freely from
its roof. In the gallery opposite to the pulpit were a little
choir of male and female singers, a violoncello, and a violin. The
preacher already sat in the pulpit, which was raised on pillars,
and ornamented behind him with painted drapery of a lively and
somewhat theatrical appearance. He looked a weather-beaten hard-
featured man, of about six or eight and fifty; with deep lines
graven as it were into his face, dark hair, and a stern, keen eye.
Yet the general character of his countenance was pleasant and
agreeable. The service commenced with a hymn, to which succeeded
an extemporary prayer. It had the fault of frequent repetition,
incidental to all such prayers; but it was plain and comprehensive
in its doctrines, and breathed a tone of general sympathy and
charity, which is not so commonly a characteristic of this form of
address to the Deity as it might be. That done he opened his
discourse, taking for his text a passage from the Song of Solomon,
laid upon the desk before the commencement of the service by some
unknown member of the congregation: 'Who is this coming up from
the wilderness, leaning on the arm of her beloved!'

He handled his text in all kinds of ways, and twisted it into all
manner of shapes; but always ingeniously, and with a rude
eloquence, well adapted to the comprehension of his hearers.
Indeed if I be not mistaken, he studied their sympathies and
understandings much more than the display of his own powers. His
imagery was all drawn from the sea, and from the incidents of a
seaman's life; and was often remarkably good. He spoke to them of
'that glorious man, Lord Nelson,' and of Collingwood; and drew
nothing in, as the saying is, by the head and shoulders, but

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