International Miscellany of Literature, Art and Science, Vol. 1

"By a strange caprice of the king, these instructions were sent carefully sealed up and inclosed in a box, not to be opened till their arrival in Virginia." Thus, destitute of a leader at the time when they most needed one, they chose the gallant Captain John Smith, so well known from "the romantic tale of his own life and Englishmen's lives, for his sake, being saved once and again, by the personal devotion of the generous but ill-requited Pocahontas." Under him the first permanent settlement of the English in America was effected, and James Town built. In 1609 the expedition under Lord Delaware set out; and "under his enlightened and beneficent auspices the colony soon assumed a wholesome and active appearance." Ill health, however, compelled him within two years to return to England: but Sir Thomas Dale arriving soon after, with a fresh supply of emigrants, the colony continued prosperous, its affairs subsequently retrograded; and Lord Delawarr again went out in the year 1618,—but unfortunately only to die, near the bay which still bears his name.

"Finally it was not till 1620, after so many abortive efforts had been made both by Government and powerful bodies to form an establishment in North Virginia, that at length it received, under unexpected circumstances, an influx of settlers which soon rendered it by far the most prosperous of all colonies in North America. This was the emigration of a large band of Puritans, who suffering under the intolerance of the English Government, on account of non-conformity, first passed into Holland, and afterward found an asylum in America."

The "Historie" very properly begins with a description of the land.-the fruitfulness of which is dwelt on; and a hint is given of the probability that even gold may be discovered,—and "sure it is that some mineralls have ben there found." "The temperature of the country" "doth well agree with the English constitutions;" and moreover, not only all "needful fruits and vegetables which we transport from hence and plant there thrive and prosper well," but vines and tobacco and oranges, and probably sugar-canes, will grow there,—for the soil is "aromaticall," and moreover abounds with medicinal plants and drugs. All this is the favorable side of the picture;—but then, "the savages and men of Ind" whose strange appearance and barbarous usages had excited so much fearful curiosity at home!—Why, says Master Strachey. "let me truly saie, how they never killed man of ours, but by our men's owne folly and indiscretion, suffering themselves to be beguiled and enticed up into their howses without their armes; for fierce and cunning as they are, still they stand in great awe of us." Among them the Sasquesahanougs "came to the discoverers with skynns, bowes, arrowes, and tobacco pipes"—doubtless the calumet of peace "for presents." But the chief object of interest is, "the great King Powhatan."—already well known by the name as the father of the interesting Indian girl, Pocahontas; "the greatnes and boundes of whose empire, by reason of his powerfulnes and ambition in his youth, hath larger lymitts than ever had any of his predicessors."

"The great King" was not deficient in that important mark of royalty-and which doubtless corroborated the opinion, then widely prevailing, that these Indians were of eastern origin—a goodly number of wives. Indeed, "he is supposed to have many more than one hundred, all of which he doth not keepe, yet as the Turk, in one seraglia or howse, but hath an appointed number, which reside still in every their severall places, amongst whome, when he lyeth on his bedd, one sittith at his head and another at his feet; but when he sitteth at meat, or in presenting himself to any straungers, one sittetn on his right hand, and another on his leaft." And here we have the picture of the great Powhatan, sitting pipe in hand, "the very moral," feather-head-dress and all, of the protecting genius of the tobacconist's shop, with a rather pretty-looking wife on each side and twenty more, laughingly huddled round a huge fire, at his feet. His family was rather patriarchal; consisting at this time of twenty sons and ten daughters, besides "a young one, a great darling," and Pocahontas, "now married to a private captain." Some of his "weroances," or under governors, took somewhat of kingly state on them, and so did their favorite wives. One, a very handsome "savadge woman," took on her "a shewe of greatnes" in this manner.—

"I was once early at her howse (yt being sommer tyme), when she was layed without dores, under the shadowe of a broad-leaved tree, upon a pallet of osiers, spred over with four or five fyne gray matts, herself covered with a fare white drest deare skynne or two; and when she rose, she had a mayd who fetcht her a frontall of white currall, and pendants of great but imperfect couloured and worse drilled pearles, which she put into her eares, and a chayne, with long lyncks of copper, which they call Tapoantaminais, and which came twice or thrice about her neck, and they accompt a jolly ornament; and sure thus attired, with some variety of feathers and flowers stuck in their haires, they seeme as debonaire quaynt, and well pleased as (I wis) a daughter of the howse of Austria behune [decked] with all her jewells; likewise her mayd fetcht her a mantell, which, they call puttawus, which is like a side cloak, made of blew feathers, so arteficyally and thick sewed togither, that it seemed like a deepe purple satten, and is very smooth and sleeke; and after she brought her water for her hands, and then a braunch or twoo of fresh greene asshen leaves, as for a towell to dry them. I offend in this digression the willinger, since these were ceremonyes which I did little looke for, carrying so much presentetnent of civility."

The description of the Indian dress does not differ from the modern accounts; the style of the "ear-rings," however, seems to have interested Strachey greatly,—especially the "wild beast's claws" stuck in, and, above all, "a small greene and yellow-colored live snake, neere half a yard in length, crawling and lapping himself about his neck." Truly, we can scarcely be surprised that the early settlers looked with suspicion on men who wore such unchristian-like ornaments, and that they more than suspected them to be in league with "the old serpent." A full description is given of their modes of hunting and fishing; and also of their amusements,—especially their dances, which resemble those of "frantique and disquieted bachanalls." The writer was not able to obtain much information as to their religion. From some scattered hints, it seems to have resembled the Mexican, both in the human sacrifices and in the secrecy attending them. They also used a sort of embalming for their kings, whose bodies were kept in one of their temples.

Their principal temple "is at Vtamussack, proper to Powhatan, upon the top of certaine red sandy hills; and it is accompanied by two others sixty feet in length, filled with images of their kings and deviles, and tombes of the predecessors. This place they count so holy as that none but the priests and kings dare come therein." They are not observed to keep any specific days of devotion; but from time to time the whole population assemble "to make a great fier in the house or fields, and all to sing and daunce about yt, in a ring like so many fayries, with rattles and showtes." This points to an eastern source: so does the following:

"They have also divers conjurations: one they made at what tyme they had taken Captain Smyth prisoner, to know, as they reported, if any more of his countrymen would arrive there, and what they intended; the manner of yt Captain Smyth observed to be as followeth: first, soe sone as daie was shut in, they kindled a faire great fier in a lone howse, about which assembled seven priests, takinge Captain Smyth by the hand, and appointing him his seat; about the fier they made a kynd of enchanted circle of meale; that done, the chiefest priest, attyred as is expressed, gravely began to sing and shake his rattle, solemly rownding and marching about the fier, the rest followed him silently untill his song was done, which they all shutt up with a groane. At the end of the first song the chief priest layd downe certaine graines of wheat, and so continuyed howling and invoking their okeus to stand firme and powerful to them in divers varieties of songs, still counting the songs by their graynes, untill they had circled the fier three tymes, then they devided the graynes by certaine number with little sticks, all the while muttering some ympious thing unto themselves, oftentymes looking upon Captain Smyth. In this manner they contynued ten or twelve howers without any other ceremonies or intermission, with such violent stretching of their armes, and various passions, jestures, and simptoms, as might well seeme stang to him before whom they so conjured, and who every hower expected to be the hoast and one of their sacrifice. Not any meat did they eat untill yt was very late, and the night far spent. About the rising of the morning starr they seemed to have finished their work of darknes, and then drew forth such provision as was in the said howse, and feasted themselves and him with much mirth."

Some part of this narrative reminds us of the conjurations of the Scandinavian prophetess—before she poured forth "the Runic rhyme," as related by Bartolinus; we wish the writer had mentioned whether they moved eastward or westward. The prophetess we have just alluded to, grasped her staff carved with Runic characters, all the time, and singing a low monotonous chant, she proceeded, contrary to the course of the sun, round and round the charmed fire. The coincidence is, however, striking.

The first book ends with a high eulogy on the capabilities of the country; the probability of its containing great mineral wealth, as well as the certainty of its yielding abundant produce, "for yt hath (even beside necessary helpes, and commodities for life) apparent proufs of many naturall riches." The second book gives a very interesting account of the various attempts to colonize this portion of America, from the time of the discovery to the expedition of Lord Delawarr,—of which Mr. Major has given an excellent epitome in his introduction.

Looking at the period when this work was probably written, and especially at the arguments used by the earnest writer, we cannot but think it likely that it may have aided the Pilgrim Fathers in their determination to seek on the farther shores of the Atlantic that freedom which was denied them here. Although in manuscript, it may have been well known; for we have several instances of copies being made of works not intended for the press. In this instance, two copies are still extant; and the circumstance of that in the Ashmolean Collection being dedicated to Sir Allen Apsley, Lucy Hutchinson's father, affords strong probability that it would soon become known to the Puritans, since the wife of Sir Allen,—as we learn from her daughter's delightful memoir,—was a warm adherent to their cause. The incidental benefits which Strachey anticipates for the natives by their intercourse with civilized and Christian people were strongly dwelt on by the exiles at Amsterdam; and the very motto on the title-page of the work before us—"This shall be written for the generation to come: and the people which shall be created shall praise the Lord"—was so often used by them, that in the record of their settlement at Plymouth it might almost have been taken for their motto. If such were the case, if the book before us gave, indeed, the impulse to that devoted band of settlers, how mighty was its influence:—for seldom have greater destinies been enshrined in a frail bark than those that freighted the May-flower!—Mr. Major merits much commendation for his careful editorship and his illustrative notes: nor should the excellent etchings by his lady be overlooked, inasmuch as they give additional interest to a very interesting volume.

* * * * *[From the Times.]

THE GREAT LORD MANSFIELD

Lord Campbell has learned to take a broad and manly view of the Profession which his own erudition adorns. In his temporary retirement he paid homage to literature; and literature, as is her wont, rewards her worshiper by extending his vision and emancipating his mind. A more intimate acquaintance with the transactions and passions of the past, a disinterested and unbiased survey of the lives and triumphs of his illustrious predecessors, has prepared our present Chief Justice for his eminence by teaching him, above all things, that judicial fame does not arise from a dull though perfect knowledge of the technicalities of law, and that there is all the difference in the world between a splendid ambition and the groveling prosecution of an ignoble trade.

It is certainly not extraordinary that the life of the great Earl of Mansfield has been contemplated by his biographer until a sense of humility has been engendered, and eloquent admiration for transcendent intelligence evoked. From among a host this luminary stands forth. Faultless he was not, as we shall presently see; but his failings, whatever they may have been, in no way obscured the luster of a genius that gave sublimity to the most prosaic of pursuits, and, in the teeth of prejudice, vindicated law against the toils of the narrow-minded and the opprobrium of ages. What Bacon proved to philosophy Mansfield in his day became, in a measure, to his own cherished science; and, as Coke affected commiseration for the author of the Novum Organum, so the fettered slaves of forms and rules in later times pitied and reproached Lord Mansfield for his declared unconquerable preference for the spirit of justice to the unilluminated letter of the law.

Nature and education prepared William Murray for the very highest forensic distinction, and his career is chiefly remarkable for the certain, though gradual steps, by which he reached it. His success was the legitimate and logical result of the means sedulously taken to obtain it. Had William Murray failed to win his race, it would have been because he had dropped down dead on the course, or violent hands had forbidden his progress. The conditions of victory were secured at starting, in his own person, let the competitors be whom they might. The spirit of the boy was as ambitious of worldly glory as the spirit of the man looked for undying fame; from first to last, from the beginning of the century until the close of it, the same application, the same aptitude, the same self-devotion, and the same clear, unruffled, penetrating judgment, were visible in Mansfield's useful and protracted life.

The younger son of a poor Scotch lord, whose family favored the Stuart cause, William Murray quitted his school at Perth on the 15th of March, 1718, being then thirteen years of age, and started on the back of a pony for the city of London. His destination was the house of an apothecary, who, emigrating from Perth, had settled in London, and was now commissioned to see the son of his former patron safely deposited at Westminster School, where it was hoped the young student would win, in due time, his Oxford scholarship. Upon the 8th of May, just two months after the journey was commenced, the pony completed his task, and the rider resolutely began his own. He soon distinguished himself by his classical attainments, and, according to Mr. Welsby, "his superiority was more manifest in the declamations than in any of the other exercises prescribed by the regulations of the school." In May, 1723, after a severe examination, William Murray took his place as first on the list of King's scholars who were to proceed to Christ Church.

At Oxford the student determined to go to the bar, and through the generosity of the first Lord Foley, who supplied him with funds, he was enabled to follow a profession for which, as he himself said, he felt "a calling." He had not been at Oxford a year before he became a member of the Hon. Society of Lincoln's inn, although he did not begin to keep his terms there until he had taken his bachelor's degree. At college William Murray was as diligent as he had been at school, and, intent upon renown, he took care to make all study subservient to the one great object of his life. He read whatever had been written on the subject of oratory,—translated into English every oration of Cicero, and retranslated it into Latin, until every thought and expression of the illustrious example was familiar to his mind. He applied himself vigorously to original composition, and strengthened his intellect by the perusal of works which do not ordinarily fall within the college course. He was still at Oxford in 1727, the year of George the First's death, and became the successful competitor for a prize when the students of the University were called upon, in the name of the Muses, to mourn over the urn of the departed Cæsar,—"of that Cæsar," as Mr. Macaulay has it, "who could not read a line of Pope, and who loved nothing but punch and fat women." A rival poet upon this occasion was a lad from Eton. Disappointment and vexation at defeat, it is said, rankled in this boy's bosom, and opened a wound which closed only with life. Be this as it may, the classic rivalry begun at school between Pitt and Murray became fiery strife between Chatham and Mansfield, fit for a civilized world to witness and to profit by.

From Christ Church to Lincoln's-inn was a transfer of abode, scarcely a change of habits or of life. Murray was four years nearer to his goal, but that goal had still to be reached, and could only be won by untiring, patient, and ceaseless endeavor. At Oxford he had attended lectures on the Pandects of Justinian, "which gave him a permanent taste for that noble system of jurisprudence." In his chambers he made himself thoroughly acquainted with ancient and modern history, applied himself diligently to ethics, to the study of Roman civil law, the foundation of jurisprudence, of international law, and of English municipal law. No drudgery was too laborious, no toil too dull. Expecting, from his northern connections, to be employed in appeals from Scotland, he made himself master of the law of that country, and when he was not engaged in these and similar pursuits, or at the Courts of Westminster listening to judgments, he would take his chief of all delights in the company of the juridical writers of France, "that he might see how the Roman and feudal laws had been blended in the different provinces of that kingdom." Not a moment was lost in making preparations for the victory which it was the purpose of his life to win.

Technical knowledge, however, came to enlighten and inform, not to burden and oppress. The mind of Murray rejoiced in freedom and exercised itself in light. Text-books were his handmaidens, he was not their slave. The exclusive labors of the great masters of his craft occupied his hours, but he still found time for other more interesting lore common to mankind. Craig, Bracton, Littleton, and Coke, all in their turns were trusty counselors and dear companions, but as welcome as any to his studious hearth was the living presence of Alexander Pope. Murray, while at Westminster, had been introduced to the great poet, and had been charmed by his exquisite powers of conversation. Pope was no less struck by the accomplished genius of the young Scot, "the silvery tones of whose voice," it is said, fell like a charm upon every ear. Pope, anxious for the success of the youth, visited him at his chambers, in order to teach him elocution. Once, says Lord Campbell, the young lawyer "was surprised by a gay Templar in the act of practicing the graces of a speaker at a glass, whilst Pope sat by in the character of preceptor." Teacher and pupil would spend hours together thus occupied. Mr. Pope, writes Bishop Warburton, "had all the warmth of affection for the great lawyer, and indeed no man ever more deserved to have a poet for his friend."

In 1730 Murray paid a short visit to the continent, and on the 23d of November in that year he was called to the bar in Lincoln's-inn hall. Never was lawyer better armed for the battle of life. How he had qualified himself for the practice of his profession we have attempted in our narrow space to show. With a rooted attachment to that profession, with a lofty ambition and noble desire to serve his country, and a consciousness of strength equal to the bravest undertaking; with a mind thoroughly imbued with the literature of Greece and Rome, as well as of his own country; with a perfect understanding of the codes of every civilized nation, ancient and modern; with an intimate knowledge and an accurate appreciation of the peculiarities of our mixed constitution; with a natural dignity of manner that commanded instant respect; with a clear persuasive power of oratory that never failed to win the sympathy of all to whom it was addressed; with a voice that in earlier days had been compared to the note of the nightingale; with almost every intellectual and physical gift which nature could confer, and with every gift gratefully received and assiduously improved, William Murray stood at the threshold of his career and waited calmly for his opportunity. It is sufficient to say that the opportunity came. Twelve years after Murray was called to the bar, he was appointed Solicitor-General by the Government which had risen upon the downfall of Sir Robert Walpole, and which knew how to estimate the value of so rare an acquisition.

The success of Murray in the House of Commons justified the reputation which the new Solicitor-General had already attained at the bar. His first speech, as member for Boroughbridge, fixed his position. He maintained it for fourteen years, when he quitted the lower house upon his elevation to the bench. When Murray accepted office under the Pelhams, another much more ardent and unscrupulous politician already in the House of Commons was writhing under the vexation of neglect. The Solicitor-General had met the ambitious youth before, and the recollection of their last parting was hardly likely to insure a cordial or a friendly recognition. Murray's first task in Parliament was to defend the employment of Hanoverian troops, 16,000 of whom had recently been taken into British pay. Pitt, at the head of the "Boys," as Walpole called the burning patriots whose services he had himself respectfully declined, and hounded on by the Jacobites and Tories, denounced the steps as "illegal, unconstitutional, a sacrifice of British to electoral interests, and a prelude to the introduction of despotism into this country." Pitt was created to denounce, Murray to defend. Overwhelming as the torrent of declamation and invective might be which Pitt knew so well how and when to pour forth, the barrier set up against it by the calm dignity, the perfect reasoning, the marvelous self-government, the exquisite tones, and conciliatory manner of Murray, was more than sufficient to protect him against submersion. A division taking place upon the Hanoverian question, Government found themselves in a large majority. Murray was pronounced to be a match for his rival, and George II. became suddenly as attached to the one as he had long hated and feared the other.

On the 3d of March, 1754, Mr. Pelham, the Prime Minister, died, and, had Murray's ambition soared in that direction, he might at once have stepped into the vacant office. He had long been the prop of the Ministry in the House of Commons, and was by far the most sagacious member of the Government. Throughout his Parliamentary career, what has happily been called his "clear, placid, mellow splendor" had suffered no tarnish, and had not been obscured by a single cloud. Always ready, well informed, lucid in argument, and convincing in manner, he had virtually assumed the leadership in the House of Commons, and his elevation would in no way have altered the aspect or proceedings of that assembly. The nation respected him, and the monarch regarded him with more than common favor. Murray, however, coveted not the prize. Mr. Macaulay, referring to this period in one of his masterly essays, attributes the conduct of the Solicitor-General to moral infirmity. "The object of Murray's wishes," he says, "was the judicial bench. The situation of Chief Justice might not be so splendid as that of First Lord of the Treasury, but it was dignified, it was quiet, it was secure; and therefore it was the favorite situation of Murray." Lord Campbell states the case more creditably, and, as we think, more fairly to Lord Mansfield. "From a high feeling," says the biographer, "that his destiny called him to reform the jurisprudence of his country, he sincerely and ardently desired to be placed on the bench, and the especial object of his ambition was to be Chief Justice of England." We remember that, whilst a lad, and destined by his parents for the church. Murray, of his own motion, dedicated himself to the study of the law, feeling a "calling" for that profession. Why Lord Mansfield had resisted every temptation in order to secure the eminence for which, it is not too much to say, he was in all respects better fitted than any who have won it, became evident enough within a year of his appointment to the bench. Moral courage he lacked; something nobler than its want led him to renounce the Premiership.