"Is it necessary, Mr Attorney?" said Lord Widdrington, handing down the instrument to him with an ominous look. "Well you object, of course, Mr Subtle as I understand you- that this deed is void, on account of an erasure in a material part of it?" enquired Lord Widdrington. "That is my objection, my lord," said Mr Subtle, sitting down. "Now, Mr Attorney," continued the Judge, turning to the AttorneyGeneral, prepared to take a note of any observations he might offer. The spectators-the whole court-were aware that the great crisis of the case had arrived; and there was a sickening silence. The Attorney-General, with perfect calmness and self-possession, immediately addressed the court in answer to the objection. That there was an erasure, which, owing to the hurry with which the instrument had been looked at, had been overlooked, was indisputable; of course the Attorney-General's argument was, that it was an erasure in a part not material; but it was easy to see that he spoke with the air of a man who argues contra spem. What he said, however, was pertinent and forcible; the same might be said of Mr Sterling and Mr Crystal; but they were all plainly gravelled. Mr Subtle replied with cruel cogency: Mr Quicksilver seized the opportunity-not choosing to see that the Judge was with them to make a most dangerous but showy speech; Mr Subtle sitting beside him in the utmost distress, looking as if he could have withered him with a word. In consequence of some very unguarded admissions of Quicksilver, down came upon him Lord Widdrington; and Mr Subtle-the only time during the whole cause in which he lost his self-command-uttered a half-stifled curse at the folly of Quicksilver, that could be heard by half the bar, perhaps even by the judge, who greatly "Well," said Lord Widdrington, when Mr Lynx had done, " I own I feel no doubt at all upon the matter; but as it is certainly of the greatest possible importance, I will just see how it strikes my brother Grayley." With this he took the deed in his hand, and quitted the court. He touched Mr Aubrey, in passing to his private room, holding the deed before him. After an absence of about ten minutes, Lord Widdrington returned. "Silence! silence there!" bawled the crier; and the bustle had soon subsided into profound silence. " I entertain no doubt, nor does my brother Grayley," said Lord Widdrington, "that I ought not to receive this deed in evidence, without accounting for an erasure occurring in a main< ly essential part of it. Unless, therefore, you are prepared, Mr Attorney, with any evidence as to this point, I shall not receive the deed." There was a faint buzz all over the court-a buzz of excitement, anxiety, and disappointment. The AttorneyGeneral consulted for a moment or two with his friends. "Undoubtedly, my Lord, we are not prepared with any evidence to explain an appearance which has taken us entirely by surprise. After this length of time, my Lord, of course""Certainly-it is a great misfortune for the parties-a great misfortune. Of course you tender the deed in evidence?" he continued, taking a note. "We do, my Lord, certainly." You should have seen the faces of Messrs Quirk, Gammon, and Snap, as they looked at Mr Parkinson, with an agitated air, returning the rejected deed to the bag from which it had been lately taken with so confident and triumphant an air! The remainder of the case, which had been opened by the Attorney-General on behalf of Mr Aubrey, was then proceeded with; but in spite of all their assumed calmness, the disappointment and distress of his counsel were perceptible to all. They were now dejected they felt that the cause was lost, unless some extraordinary good fortune should yet befall them. They were not long in establishing the descent of Mr Aubrey from Geoffry Dreddlington. It was necessary to do so; for grievously as they had been disappointed in failing to establish the title paramount, founded upon the deed of confirmation of Mr Aubrey, it was yet an important question for the jury, whether they believed the evidence adduced by the plain tiff to show title in himself. "That, my Lord, is the defendant's case," said the Attorney-General, as his last witness left the box; and Mr Subtle then rose to reply. He felt how unpopular was his cause; that almost every countenance around him bore a hostile expression. Privately, he loathed his case when he saw the sort of person for whom he was struggling. All his sympathies-for he was a very proud, haughty man-were on behalf of Mr Aubrey, whom by name and reputation he well knew; with whom he had often sate in the House of Commons. Now, conspicuous before him, sate his little monkey-client, Titmouse-a ridiculous object; and calculated, if there were any scope for the influence of prejudice, to ruin his own cause by the exhibition of himself before the jury. That was the vulgar idiot who was to turn the admirable Aubreys out of Yatton, and send them beggared into the world!But Mr Subtle was a high-minded English advocate; and if he had seen Miss Aubrey in all her loveliness, and knew how all depended upon his exertions, he could hardly have exerted himself more successfully than he did on the present occasion. And such, at length, was the effect which that exquisitely skilful advocate produced, in his address to the jury, that he began to bring about a change in the feelings of most around him: even the eye of scornful beauty began to direct fewer glances of indignation and disgust upon Titmouse, as Mr Subtle's irresistible rhetoric drew upon their sympathies in his behalf. "My learned friend, the Attorney-General, gentlemen, dropped one or two expressions of a somewhat disparaging tendency, in alluding to my client, Mr Titmouse; and shadowed forth NO. CCXCVI, VOL, XLVII, a disadvantageous contrast between the obscure and ignorant plaintiff, and the gifted defendant. Good God, gentlemen! and is my humble client's misfortune to become his fault? If he be obscure and ignorant, unacquainted with the usages of SOciety, deprived of the blessings of a superior education if he have contracted vulgarity, whose fault is it? Who has occasioned it? Who plunged him and his parents before him into an unjust poverty and obscurity, from which Providence is about this day to rescue him, and put him in possession of his own? Gentlemen, if topics like these must be introduced into this case, I ask you who is accountable for the present condition of my unfortunate client? Is he, or are those who have been, perhaps unconsciously, but still unjustly, so long revelling in the wealth that is his? Gentlemen, in the name of every thing that is manly and generous, I challenge your sympathy, your commiseration for my client." Here Titmouse, who had been staring up open-mouthed for some time at his eloquent advocate, and could be kept quiet no longer by the most vehement efforts of Messrs Quirk, Gammon, and Snap, rose up in an excited manner, exclaiming, "Bravo! bravo! bravo sir! 'Pon my life, capital! It's quite true-bravo! bravo!" His astounded advocate (paused at this unprecedented interruption. "Take the puppy out of court, sir, or I will not utter one word more," said he, in a fierce whisper to Mr Gammon. "Who is that? Leave the court, sir! Your conduct is most indecent, sir! I have a great mind to commit you, sir!" said Lord Widdrington, directing an awful look down to the offender, who had turned of a ghastly white. "Have mercy upon me, my Lord! I'll never do it again," he groaned, clasping his hands, and verily believing that Lord Widdrington was going to take the estate away from him. Snap at length succeeded in getting him out of court, and after the excitement occasioned by this irregular interruption had subsided, Mr Subtle resumed: "Gentlemen," said he, in a low tone, "I perceive that you are moved by this little incident; and it is characteristic of your superior feelings. Inferior persons, destitute of sensibi 3 H lity or refinement, might have smiled at eccentricities which occasion you only feelings of greater commiseration. I protest, gentlemen" -- his voice trembled for a moment, but he soon resumed his self-possession; and, after a long and admirable address, sat down confident of the verdict. "If we lose the verdict, sir," said he, bending down and whispering into the ear of Gammon, "we may thank that execrable little puppy for it." Gammon changed colour, but made no reply. Lord Widdrington then commenced summing up the case to the jury, with his usual care and perspicacity. Nothing could be more beautiful than the ease with which he extricated the facts of the case from the meshes in which they had been involved by Mr Subtle and the Attorney-General. As soon as he had explained to them the genral principles of law applicable to the case, he placed before them the facts proved by the plaintiff, and the answer of the defendant: every one in court trembling for the result, if the jury took the same view which they felt compelled themselves to take. He suggested that they should retire to consider the case, taking with them the pedigrees which had been handed in to them; and added that, if they should require his assistance, he should remain in his private room for an hour or two. Both judge and jury then retired, it being about eight o'clock. Candles were lit in the court, which continued crowded to suffocation. Few doubted which way the verdict would go. Fatigued as must have been most of the spectators with a two days' confinement and excitement-ladies as well as gentlemen-scarce a person thought of quitting till the verdict had been pronounced. After an hour and a half's absence, a cry was heard"Clear the way for the jury;" and one or two officers, with their wands, obeyed the directions. As the jury were re-entering their box, struggling with a little difficulty through the crowd, Lord Widdrington resumed his seat upon the bench. "Gentlemen of the jury, have the goodness," said the associate, "to answer to your names. Sir Godolphin Fitzherbert;" and, while their names were thus called over, all the counsel took their pens, and, turning over their briefs with an air of anxiety, prepared to indorse on them the verdict. As soon as all the jurymen had answered, a profound silence ensued. "Gentlemen of the jury," enquired the associate, "are you agreed upon your verdict? Do you find verdict for the plaintiff, or for the defendant?" "For the plaintiff," replied the foreman; on which the officer, amidst a kind of blank dismayed silence, making at the same time some hieroglyphics upon the record, muttered" Verdict for plaintiff. Damages one shilling. Costs, forty shillings;" while another functionary bawled out, amidst the increasing buzz in the court, "Have the goodness to wait, gentlemen of the jury. You will be paid immediately." Whereupon, to the disgust and indignation of the unlearned spectators, and the astonishment of some of the gentlemen of the jury themselves - many of the very first men of the county-Snap jumped up on the form, pulled out his purse with an air of exultation, and proceeded to remunerate Sir Godolphin Fitzherbert and the rest of his companions with the sum of one guinea. Proclamation was then made, and the court adjourned till the next morning. POSTSCRIPT ON THE CHINA AND THE OPIUM QUESTION. On the 11th of May this article went to press. And on the 15th day of May the Lords' debate being then circulated through Edinburgh, it firs became known to us, that between our views on this remarkable question, and those of the Duke of Wellington, as now brought forward by party collision, there were some pointed coincidences. Any man in the world may be proud of a coincidence, in a matter so complex, with the illustrious Duke. And the business of this Postscript is accordingly First of all, to establish and claim the benefit of that coincidence: to show that it was such; and that our agreements with the Duke are not consequent upon any communication that we could have had with the noble Duke's opinions. The statement of dates, as given above, shows satisfactorily that our speculations upon this great Oriental crisis however closely approaching to the Duke's-must have had a separate and independent origin. Indirectly, also, we are proud to establish our claims in this way, as having fairly appreciated the probable course of Tory doctrines upon so elaborate a question, and of Tory policy, at a time when neither one nor the other had been circumstantially developed; when it was not yet fully known where the Tory blame and praise would settle as to the past; nor in what precise channel the Tory policy would travel as to the future. Secondly, To explain any case, however subordinate, in which we appear to have differed from the Duke; and in which, according to the extent of our differences, the presumption is that we must be wrong. Thirdly, Without reference to any claim or any explanation on our own account, it is a purpose of this Postscript to tell the general reader who cares not for the person saying, but simply for the thing said-How far we have found reason to modify any opinion previously delivered after the benefit we acknowledge to have received from this discussion, before so enlightened a senate as the House of Lords; and more particularly, whether we have any fresh views to offer after the affair has been brought under the review of the most sagacious and the most experienced amongst modern statesmen. a Amidst the sharp musketry of Parliamentary debate, it is the general feeling, that the Duke of Wellington's opinions or suggestions tell like cannonshot. Whatsoever falls from him is received by the country as having an oracular value. And in this present instance of the China debate, his authority has told so effectually as to have crushed, by anticipation, a second debate pending contingently in the House of Commons. Notice of a motion on this subject has been expressly withdrawn upon the ground of the powerful impression made by the Duke of Wellington. It becomes, therefore, the more important that we should throw a glance over the points established by His Grace, as they accord so entirely with our own previous view, and strengthen so greatly the opinions, and the grounds of those opinions, which we had already expressed in print. The whole field of the questions concerned divides into two great sections -the past, and the future: the past, in relation to the criminality which has brought on the crisis-how that criminality is to be distributed amongst the several parties to the transaction; the future, in relation to the policy which must now be applied to the successful unraveling of this crisis. What is past, undoubtedly cannot be recalled: but it is not the less important to understand it thoroughly, both for the purpose of framing measures to prevent its recurrence, and because our whole policy, even where it is and must be of a warlike character, will, undoubtedly, need to be shaped very differently, accordingly as it contemplates a case of mixed aggressions, partly British, partly Chinese, or a case of horrible outrage (in the way we have maintained, and in the way it now appears the Duke of Wellington maintains) exclusively Chinese, and utterly unprovoked. The parties liable to inculpation, as having participated in the proceedings at some stage or other, are three: - The Chinese Government, the British opium-dealers, and our own domestic Administration. Let us pass them in rapid review, and weigh the distribution of blame among these three parties as awarded by the illustrious Duke. I. The Chinese Government. Here the Duke's statements are not only, as we described them to be generally, like cannon-shot in their effect, but are like such shot, in its course and mode of progress, as described in Schiller's Wallenstein "shattering what it reaches, and shattering that it may reach." Not only does he shatter the object of his attack-the immoral government of China-but, in his road to that object, he goes right through the centre of all who have in this country undertaken the apology of that government. Had the Chinese even stood upon any fair ground of right in the first stages of the case, they would have forfeited that advantage in the last: "for," says the Duke, "in all the fifty years of my own experience as a servant of my country-no, nor in any part of my reading-have I met with such another case of outrage as that authorized by the rulers of China to our accredited agent." And if some people object-Oh! but the Chinese would not recognise Captain Elliot as an accredited agent-they would not receive a British official representative-in that case so much the worse: because then Captain Elliot had the rights of a private individual; and there was no more plea open to the Chinese Government for making him responsible than any obscure sailor taken at random. So much for the last stages of the Chinese conduct: and here the Duke does but strengthen an impression which is open to us all. But as to the first stages, by a reference to sources of information more special and personal, he cuts the ground from below the feet of the Chinese Government in a way peculiar to himself. We could but suspect: for we had no documents. The Duke proves: he had ample documents. In papers furnished to the Lords he had seen, in a Committee of the Lords he had heard, direct evidence-proof not to be gainsaid or shaken-that the acting administration of China, those persons, one and all, whom we aliens are required to consider and to treat as the responsible government of the land, had through a series of years encouraged the importation of opium. There flutters to the winds a whole library of polemic pamphlets. After this, is it any thing to us, whether in such a case, and many another case, the Emperor is, or is not, kept in the dark by the mandarins? We are bound to know the Emperor's pleasure through those whom he deputes to us as his representatives. We can know it in no other way. internal abuses of their Government are for their own consciences. To us they are nothing. And there, at one blow from the mace of the iron Duke, lies in splinters upon the floor almost every pro-Chinese pleading which has taken up the ground of morality. The II.-The British Opium-Dealers. Upon this head the Duke is overwhelming. Their acquittal, indeed, is involved in the fact which has been just stated on the Duke's authority with regard to the Chinese administration. If that body encouraged importation, in respect of them the importers cannot be wrongdoers. There might be room for some wrong in relation to our British Government: because, if they had happened to forbid the opium traffic wisely or foolishly, then it might have been a fair plea at home" Look for no British aid if China should injure you in respect to an interest which we have discountenanced." So much room and no more, there might have been for wrong on the side of the opium merchants. There might have been but was there? Hear the all-shattering Duke : First he declares that, so far from even looking gloomily upon this opium commerce, Parliament had cherished it, suggested its extension, and deliberately examined the means at their disposal for promoting its success, as a favoured resource both of finance and of trade. The Duke reminds the House -that he himself, with other patriotic peers, had been parties to a committee, of which one main business was to recommend and introduce (by way of substitution for the privileges lost to the East India Company on throwing open their trade) some modified form of a monopoly with regard to opium. Secondly, if this should be thought to shift the blame from the merchants to the British Parliament-in order to make it any duty of our legisla |