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_STo. 485 '. July 9,. 1$59._ THE I/EADEB...
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MASTER OR MA2T? It is an old question in...
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-views by the number of divorces applied...
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WHAT SHOULD WE . LEARN P This very impor...
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* No. jf.Kx.1, July, 2850.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Welcomelittle Stranger
Vflliers . The success of the experiment is doubtful , and great anxieties are entertained for the conjugal prosperity of the barren Juliet and the sterile Romeo . :
_Sto. 485 '. July 9,. 1$59._ The I/Eadeb...
_ STo . 485 ' . July 9 ,. 1 $ 59 . _ THE I / EADEB , # 19
Master Or Ma2t? It Is An Old Question In...
MASTER OR MA 2 T ? It is an old question in the world , which is the greater—master or man . ? Whether the teacher is more important than the disciple , the doctor than thepatient , the borrower than the lender , the client or his counsellor , are all questions on which there is a great deal to be said on both sides . The answer given to any of them depends entirely upon the status of the person questioned . A bill of costs , we suspect , bears an entirely different aspect , according as you are an attorney or a private individual . In the former case , you doubtless consider it a specimen of magnanimous liberality ; in the latter , you probably agree with us in stigmatising it as an instance of gross imposition .
she could hot endure the stigma that must necessarily rest upon her in the case of any compromise - ^] Vtrs . Swinfen resolutely refused any offer at a , settlement , and resolved to risk all upon the chances of a trial . The late Lord Chancellor—rthen Sir Frederick Thesiger— was retained in her defence . The trial took p lace at Stafford . At the end of the first day ' s proceedings ( a Saturday ) Lord Chelmsford conceived that the case was going unfavourably for his client , and recommended a compromise—^ which he had reason to think would not be un-accepted on the opposite side . In spite of much pressure from her counsel and attorney , Mrs .
Swinfen declined to agree to this proposal , and demanded , at any rate , time for consideration . She consulted with her friends , and on the Sunday sent a telegram stating that she declined any attempt at a compromise . On the Monday morning , however , Lord Chelmsford received news which , in his opinion , would tell against his client ' s case ^ and without any direct permission from her attorney ; without , at his request , waiting the halfhour which must elapse before her arrival in court , arranged a compromise with the opponent ' s counsel , which deprived his client of half her property , and affixed an indelible stigma on her reputation .
The client proved to be a braver woman , or , perhaps , had her own cause more at heart than her counsel . She repudiated the compromise the moment it came , to her knowledge . _ ¦ In spite ; of all kind of discouragement from the bj ghest legal authorities , she obtained a new trial , and retrieved both her character and her fortune . After the correctness of her opinion on the justice of her case , and the incorrectness- of Lord Chehrisford ' s had been thus demonstrated , she brought an action—r-which was tried this week-: —against the
ex-Lord Chancellor , to recover the costs which she had incurred by his negligence . This action , in our opinion , she must have won , if her counsel , Mr . Kennedy , had not ruined his case by imputing against Lord Chelmsford charges of personal corruption and interested motives , -which were too obviously absurd to produce any but a negative effect with a jury acquainted with the high character borne of old by Sir Frederick Thesiger . Mrs . Swinfen has , indeed , throughout , been unfortunate in her choice of counsels .
We the more regret this , as we look on Mrs . Swinfen as an ill-used woman . Lord Chelnisford would never have treated any one , except a client , with such a disregard of their own wishes ; and no client , we are ashamed to say , would have been treated in such a manner , except a woman . We were once acquainted with a lady of great power of character , who , on requesting Jher trustee , to inform her how he had invested her property , was told by him that it was no business of hers . To this the lady replied , with reason , "It may not be my business , but it is my money . " Now , if Lord Chebnsford had ever heard this story and borne it in mind , it would Lave been better both for himself and his client . The client who pays the costs should , after all , be judge of his own interests .
If we belonged to any particular trade or profession , we should , perhaps , see good ground to alter our opinion , at least as far as our own pai-ticular trade was concerned . But not doing so , we own that we incline to the side of the unprofessional public . We hold the popular , and , without doubt , erroneous belief , that the party who pays is more important-than the party who is paid , and that the . wishes of the latter should ultimately give place to the will of the former . If we order a shooting coat at our tailor's we do not expect him to make us a frock coat , and should certainly decline t , o pay for it if he assured us he had done so because he considered it more suitable
for our somewhat emaciated figure . If we buy a packet of tea at our grocer ' s , for famil y use , at 3 s . a pound , we do riot anticipate that he will send us home the best gunpowder , at 9 s . a pound , because he considers it better for our digestion , as our complexion shows that we are prone to bile . If we go to a dentist ' s to Lave a decayed tooth stopped , we should certainly not" pay him if he pulled out our two front teeth to save the others from decay ; and , in the same way , if we employ a lawyer to defend an action , we do not expect that he will make a compromise instead , which we could have done better for ourselves , with a great saving both of expense and dignity .
The legal profession entertain a different impression . A client is their chattel , to be done what seems good with in then . * own sight . A passenger by the Manchester express trains might as reasonably expect that the rate of speed would be lessened on his application to the guard ; a child in the arms of a Margate bathing-woman might as well appeal to the mercy of his attendant against prolonged immersion ; a victhn in the jaws of a lion might as well remonstrate against the sharpness of his captor ' s teeth as a client , once in the clutches of his lawyer , appeal to his personal independence . Let all would-be litigants note this fact . When you go to law you give up freedom of will as
thoroughly as if you adopted CaWinistic principles . Your purse is not your own , for your lawyer can and will draw upon it indefinitely ; your character is not your own , for they can and will compromise it without your consent . Mrs . Swinfen has had occasion to lcnrn this truth . Her experience may serve as a warning to others . Into the . merits ql' her case we have no wish to enter . Whether she was right or wrong has nothing to do with the facts that we have to comment on . These faqts lie in a nutshell . About four years , ago Mrs . Swinfon came into possession of a property of some 2 , 0 OOJ . a year . This property was left her by her father-in-law , whoso death occurred a few weeks after her husband's , the / natural and acknowledged heir to the paternal
property . Upon the husband's death old Mr . Swinfen , being in infirm health , made , a will leaving to his daughter-in-law the property which would naturally have belonged to her as his son ' s wife . Upon the father ' s death , shortly after making this will , the hoirs-at-law attempted to upset the disposition of the property , on the ground that the will had been obtained by improper moans after the testator was ineapablo of exercising his judgment . MrSi Swinfon ,, fortunatel y for herself , enjoyed that right of possession which gives proverbially lune-tenths of tho law . Her opponents ( and this is a point worth noting ) would have bean glad enough to compromise tho matter , From some « ause—whether it was simply unwillingness to part with what she considered her just duo , or whether
-Views By The Number Of Divorces Applied...
-views by the number of divorces applied for . Admittingthat the nximber already granted falls . short of the number / which probably -will be granted when the court is fully up to its -vviDrk , it must be remembered that the long delay of this relief has Caused many more applications for divorce in the first year of its existence than the probable average of such applications annually hereafter . Neither the number of applications , nor of divorces , at ¦ present , can be considered a fair indication of the found
number in future . A better criterion is to be in Scotland , where divorce has long been easily obtained , and where , as Lord Brougham stated , seventeen divorces in the year is the average among 3 , 000 , 000 , people . Taking the population of England and Wales at 19 , 500 , 000 , this proportion would give amongst them 110 divorces in the year . We may estimate roughly the married couples in this population at 2 , 500 , 000 ; so that there would be on this proportion one divorce per annum to every 24 , 000 couples . We may further suppose that each marriage will last twenty years , which
¦ will give with this number of divorces one marriage dissolved to every 1 , 140 contracted . This is not a very alarming proportion , and there are circumstances connected with the population of Scotland , such as a " great disparity between the sexes in some counties , " which , combined with the facility of contracting , as well as dissolving , marriage , incline us to believe that the number of divorceswith dthe utmost facility of divorce—would not beso _ great in England as in Scotland .
legislation on this subject , as on all . others , h ag . proceeded from the upper classes , and there is abundant reason for believing that their ideas concerning conjugal fidelity and their practices are not fair representations of those of the bulk of the community ; . For the males amongst them to have a number of mistresses , and-the females a number of lovers , were , not many ages ago , avowed practises , while the continued union of one man with one woman was the custom of the multitude . We
may extend the remark , and affirm that amongst the multitude , in all ages and in all Times , monogamy has been the rule , and whenever polygamy has prevailed it has been of necessity confined to the upper ten thousand . Not adopting the views of libertines as a fair representation of what is likely to happen generally , each man's experience will bear us outin saying that conjugal fidelity is the rule , and infidelity the rare exception in life . And this rule being founded not merely in our manners but on great natural facts , will continue to be the rule though a divorce could be obtained for a shillmg at every county court in the kingdom . Like all questions of legislation by a class for
universal social interests , - this question is of great importance , and tve may not venture into all it , s depths on an accidental discussion of amending our divorce courts . But , as Lord Brougham has suggested that the Attorney-Qeneral , or some public officer , should watch tho proceedings in divorce cases in the interest of the public , we must remind him that marriage and divorce concern only the individuals who are parties to them . The public are only witnesses to the contract or to the separation , and they can only become partners in either by destroying its sanctity . He is alarmed for the public morals . ' He still practically believes that the more freedom people , have the worse use they will make of it . At the bottom of his apprehensions and his precautions lies the old distrust of human nature continually preached by those who though they always blunder and fail , have no distrust in themselves . The noble lord , too , would have , morelengthened proceedings ; ho wouia make divoro * inore costly for the benefit of the profession , thougu it might ; be productive of increased scandal to the community . _____
THE DIVORCE COURTS . The Legislature succeeds too seldom in conferring benefit on the public not to make it desirable that every success should be noticed . Two years ago it established a court to enable the multitude to obtain divorces when needed , a privilege which before could only be obtained by an Act of Parliament and a very beavy purse . Tho Act was an extension of , freedom . It enabled persons to do what the law alone prohibited them from doing ; and every reader of newspapers is aware that ito lias been readily nnd largely taken advantage of . In fifteen months , ended last March , in
which the Act has been in operation , as many divorces have been granted as tho ^ Parliament granted in tho coarse of two centuries ., In one day nine wore granted ; the Parliament did not pass as many divoroe Acts in two years . In the fifteen months 37 divoroes have boen granted j 288 petitions have boon presented for dissolution of marriage ; and 105 for judicial separation . In fact , the court has been so extremely useful that it has boon overwhelmed with business . It has upwards of 100 applications for divoroeundor consideration , and is now especially brought under tho notice of tho publio by a proposition in Parliament to inoreusc the number of judges , and make it still more useful . To the original measure and the proposed extension there are many opponents , who justify tnoir
What Should We . Learn P This Very Impor...
WHAT SHOULD WE . LEARN P This very important question is considered ana answered , in a careful and scientific manner , m tho present number of tho Westminster Review * , Tho writor begins by adverting to tho facts , that in the order of tune " decoration precedes dress , " " that knowledge which brings applause " is always preferred to that " which conduces to personal well being ; " and refers these and similar facts to tho principle that " the chief , social need" has ever been " the control of individuals . " At the same tftno ho recognises the fact that our instincts and impulses provide for aelf-preaorvation , and thero-
* No. Jf.Kx.1, July, 2850.
* No . jf . Kx . 1 , July , 2850 .
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Citation
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Leader (1850-1860), July 9, 1859, page 15, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_09071859/page/15/
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