"You bid me restore the elasticity of your mind. Can you look round on the follies and mistakes of men, which you have the power to detect, expose, and in part reform, and be in want of motive? You demand that I should communicate to you the desire of life. Can you have a perception of the essential duties that you are fitted to perform, and dare you think of dying?
"You have been brooding over your own wrongs, which your distorted fancy has painted as perhaps the most insufferable in the whole circle of existence! How could you be so blind? Look at the ma.s.s of evil, by which you are surrounded! What is its origin? Ignorance. Ignorance is the source of all evil; and there is one species of ignorance to which you and men like you have been egregiously subject: ignorance of the true mode of exercising your rare faculties; ignorance of their unbounded power of enjoyment.
"You have been persuaded that this power was destroyed, by the ridiculous distinctions of rich and poor. Oh, mad world! Monstrous absurdity! Incomprehensible blindness! Look at the rich! In what are they happy? In what do they excel the poor? Not in their greater stores of wealth: which is but a source of vice, disease, and death; but in a little superiority of knowledge; a trifling advance toward truth. How may this advantage be made general? Not by the indulgence of the desires you have fostered; the tendency of which was vicious; but by retrenching those false wants, that you panted to gratify; and thus by giving leisure to the poor or rather to all mankind, to make the acquirement of knowledge the grand business of life.
"This is the object on which the attention of every wise man should be turned. He that by precept or example shall prevail on community to relinquish one superfluous dish, one useless and contemptible trapping, will be the general friend of man. He who labours for riches, to countenance by his practice their abuse, is labouring to secure misery to himself, and perpetuate it in society. Who ought to be esteemed the most rich? He whose faculties are the most enlarged.
How wealthy were you, had you but known it, at the moment your mind was distracting itself by these dirges of distress.
"He that would riot in luxury, let him wait the hour of appet.i.te; and carry his morsel into the harvest field. There let him seat himself on a bank, eat, and cast his eyes around. Then, while he shall appease the cravings of hunger (not pamper the detestable caprice of gluttony) let him remember how many thousands shall in like manner be fed, by the plenty he every where beholds. How poor and pitiable a creature would he be, were his pleasure destroyed, or narrowed, because the earth on which it was produced was not what he had absurdly been taught to call his own!
"You complain that the t.i.tled and the dignified rejected your intercourse. How could you thus mistake your true rank? How exalted was it, compared to the ridiculous arrogance you envied! Were you now visiting Bedlam, would you think yourself miserable because its mad inhabitants despised you, for not being as mighty a monarch as each of themselves? But little depth of penetration is necessary, to perceive that the lunatics around us are no less worthy of our laughter and our pity.
"If I do not mistake, you, Mr. Trevor, are hurrying into the very errors that have misled your n.o.ble minded friend and instructor.
Your active genius is busying itself how to obtain those riches and distinctions on which you have falsely supposed happiness depends. You are in search of a profession, by which your fortune is to be made.
Beware! Notwithstanding that I am frequently a.s.saulted by the same kind of folly myself, I yet never recollect it without astonishment!"
While Turl confined the application of his precepts to Wilmot, I listened and a.s.sented with scarcely a doubt: but, the moment he directed them against me, I turned upon him with all the force to which by my pa.s.sions and fears I was rouzed.
"What," said I, "would you persuade me to renounce those pursuits by which alone I can gain distinction and respect in society? Would you have me remain in poverty, and thus relinquish the dearest portion of existence?"
Olivia was full in my thoughts, as I spoke.
"Of what worth would life be, were I so doomed? Rather than accept it on such terms, were there ten thousand Serpentine rivers I would drown in them all!"
Turl glanced significantly first at me and then at Wilmot. "Do you consider the danger, the possible consequences, of the doctrine you are now inculcating, Mr. Trevor?"
Too much devoured by pa.s.sion to attend to his reproof, in the sense he meant it, I retorted in a still louder key. "I can discover no ill consequences in being sincere. I repeat, were there millions of seas, I would sooner drown in them all! You are continually pushing your philosophy to extremes, Mr. Turl."
"You should rather say, Mr. Trevor, you are pushing your want of philosophy to an extreme."
"The self denial you require is not in the nature of man."
"The nature of man is a senseless jargon. Man is that which he is made by the various occurrences to which he is subjected. Those occurrences continually differ; no two men, therefore, were ever alike. But how are you to obtain the wealth and dignity you seek? By honest means?"
"Can you suppose me capable of any other?"
"Alas! How universal, how dangerous, are the mistakes of mankind! Your hopes are childish. The law, I understand, is your present pursuit.
Do you suppose it possible to practise the law, in any form, and be honest?"
"Sir!--Mr. Turl?--You amaze me! Where is the dishonesty of pleading for the oppressed?"
"How little have you considered the subject! How ignorant are you of the practice of the law! Oppressed? Do counsel ever ask who is the oppressed? Do they refuse a brief because the justice of the case is doubtful? Do they not always inquire, not what is justice, but, what is law? Do they not triumph most, and acquire most fame, when they can gain a cause in the very teeth of the law they profess to support and revere? Who is the greatest lawyer? Not he who can most enlighten, but he who can most perplex and confound the understanding of his hearers!
He who can best brow-beat and confuse witnesses; and embroil and mislead the intellect of judge and jury. Yet the mischiefs I have mentioned are but the sprouts and branches of this tree of evil; its root is much deeper: it is in the law itself; and in the system of property, of which law is the support."
"Pshaw! These are the distempered dreams of reform run mad."
"Are they? Consider! Beware of the mischief of deciding rashly! Beware of your pa.s.sions, that are alarmed lest they should be disappointed."
"It is you that decide. Prove this rooted evil of law."
"Suppose me unable to prove it: are its consequences the less real?
But I will endeavour.
"He, who is told that, "to do justice is to conduce with all his power to the well being of the whole," has a simple intelligible rule for his conduct.
"He, on the contrary, who is told that, "to do justice is to obey the law," has to inquire, not what is justice! but, what is the law? Now to know the law, (were it practicable!) would be not only to know the statutes at large by rote, but all the precedents, and all the legal discussions and litigations, to which the pract.i.tioners of law appeal! Innumerable volumes, filled with innumerable subtleties and incoherencies, and written in a barbarous and unintelligible jargon, must be studied! Memory is utterly inadequate to the task; and reason revolts, spurns at and turns from it with loathing.
"A short statement of facts will, in my opinion, demonstrate that law, in its origin and essence, is absolutely unjust.
"To make a law is to make a rule, by which a certain cla.s.s of future events shall be judged.
"Future events can only be partially and imperfectly foreseen.
"Consequently, the law must be partial and imperfect.
"Let us take the facts in another point of view--The law never varies.
"The cases never agree.
"The law is general.
"The case is individual.
"The penalty of the law is uniform.
"The justice or injustice of the case is continually different.
"To prejudge any case, that is, to give a decided opinion on it while any of the circ.u.mstances remain unknown, is unjust even to a proverb.
Yet this is precisely what is done, by making a law."
"This is strange doctrine, Mr. Turl!"
"Disprove the facts, Mr. Trevor. They are indisputable; and on them the following syllogism may indisputably be formed.
"To make a law is publicly to countenance and promote injustice.
"Publicly to countenance and promote injustice is a most odious and pernicious action.
"Consequently, to make a law is a most odious and pernicious action.
"How unlimited are the moral mischiefs that result! To make positive laws is to turn the mind from the inquiry into what is just, and compel it to inquire what is law!
"To make positive laws is to habituate and reconcile the mind to injustice, by stamping injustice with public approbation!
"To make positive laws is to deaden the mind to that constant and lively sense of what is just and unjust, to which it must otherwise be invariably awake, by not only encouraging but by obliging it to have recourse to rules founded in falsehood!
"Each case is law to itself: that is, each case ought to be decided by the justice, or the injustice arising out of the circ.u.mstances of that individual case; and by no other case or law whatever; for the reason I have already given, that there never were nor ever can be two cases that were not different from each other.