My opinion being taken, an action was issued, and, upon the traverse, this point of law arose: How, wherefore, and whether, why, when, and what, whatsoever, whereas, and whereby, as the boat was not a compos mentis evidence, how could an oath be administered? That point was soon settled by Boatum's attorney declaring that, for his client, he would swear anything.

The water-bailiff's charter was then read, taken out of the original record in true law Latin; which set forth in their declaration, that they were carried away either by the tide of flood or the tide of ebb. The character of the water-bailiff was as follows: "Aquae bailiffi est magistratus in choici, sapor omnibus fishibus qui habuerunt finos et scalos, claws, sh.e.l.ls, et talos, qui swimmare in freshibus, vel saltibus riveris, lakos, pondis, ca.n.a.libus et well-boats, sive oysteri, prawni, whitini, shrimpi, turbutus solus;" that is, not turbots alone, but turbots and soles both together. But now comes the nicety of the law; for the law is as nice as a new-laid egg. Bullum and Boatum mentioned both ebb and flood, to avoid quibbling; but, it being proved that they were carried away neither by the tide of flood nor by the tide of ebb, but exactly upon the top of high water, they were nonsuited; but, such was the lenity of the court, that, upon their paying all costs they were allowed to begin again de novo.

G. A Stevens.

CCCLII.

PLEADING EXTRAORDINARY.

May it please the Court--Gentlemen of the Jury--You sit in that box as the great reservoir of Roman liberty, Spartan fame, and Grecian polytheism. You are to swing the great flail of justice and electricity over this immense community, in hydraulic majesty, and conjugal superfluity. You are the great triumphal arch on which evaporates the even scales of justice and numerical computation. You are to ascend the deep arcana of nature, and dispose of my client with equiponderating concatenation, in reference to his future velocity and reverberating momentum. Such is your sedative and stimulating character. My client is only a man of domestic eccentricity and matrimonial configuration, not permitted, as you are, gentlemen, to walk in the primeval and lowest vales of society, but he has to endure the red-hot sun of the universe, on the heights of n.o.bility and feudal eminence. He has a beautiful wife of horticultural propensities, that hen-pecks the remainder of his days with soothing and bewitching verbosity that makes the nectar of his pandemonium as cool as Tartarus.

He has a family of domestic children, that gathers around the fireplace of his peaceful homicide in tumultudinous consanguinity, and cry with screaming and rebounding pertinacity for bread, b.u.t.ter, and mola.s.ses. Such is the glowing and overwhelming character and defeasance of my client, who stands convicted before this court of oyer and terminer, and lex non scripta, by the persecuting pettifogger of this court, who is as much exterior to me as I am interior to the judge, and you, gentlemen of the jury.

This Borax of the law here has brought witnesses into this court, who swear that my client has stolen a firkin of b.u.t.ter. Now, I say, every one of them swore to a lie, and the truth is concentrated within them. But if it is so, I justify the act on the ground that the b.u.t.ter was necessary for a public good, to tune his family into harmonious discord. But I take no other mountainous and absquatulated grounds on this trial, and move that a quash be laid upon this indictment.

Now I will prove this by a learned expectoration of the principle of the law. Now b.u.t.ter is made of gra.s.s, and, it is laid down by St. Peter Pindar, in his principle of subterraneous law, that gra.s.s is couchant and levant, which in our obicular tongue, means that gra.s.s is of a mild and free nature; consequently, my client had a right to gra.s.s and b.u.t.ter both.

To prove my second great principle, "let facts be submitted to a candid world." Now b.u.t.ter is grease, and Greece is a foreign country, situated in the emaciated regions of Liberia and California; consequently my client cannot be tried in this horizon, and is out of the benediction of this court. I will now bring forward the ultimatum respondentia, and cap the great climax of logic, by quoting an inconceivable principle of law, as laid down in Latin, by Pothier, Hudibras, Blackstone, Hannibal, and Sangrado. It is thus: Haec hoc morus multicaulis, a mensa et thoro, ruta baga centum. Which means; in English, that ninety-nine men are guilty, where one is innocent.

Now, it is your duty to convict ninety-nine men first; then you come to my client, who is innocent and acquitted according to law. If these great principles shall be duly depreciated in this court, then the great North pole of liberty, that has stood so many years in pneumatic tallness, shading there publican regions of commerce and agriculture, will stand the wreck of the Spanish Inquisition, the pirates of the hyperborean seas, and the marauders of the Aurora Blivar! But, gentlemen of the jury, if you convict my client, his children will be doomed to pine away in a state of hopeless matrimony; and his beautiful wife i will stand lone and delighted like a dried up mullen-stalk in a sheep-pasture.

Anonymous.

CCCLIII.

FUSS AT FIRES.

It having been announced to me, my young friends, that you were about forming a fire-company, I have called you together to give you such directions as long experience in a first-quality engine company qualifies me to communicate. The moment you hear an alarm of fire, scream like a pair of panthers. Run any way, except the right way,--for the furthest way round is the nearest way to the fire. If you happen to run on the top of a wood-pile, so much the better; you can then get a good view of the neighborhood. If a light breaks on your view, "break" for it immediately; but be sure you don't jump into a bow window. Keep yelling, all the time; and, if you can't make night hideous enough yourself, kick all the dogs you come across, and set them yelling, too; 't will help amazingly. A brace of cats dragged up stairs by the tail would be a "powerful auxiliary." When you reach the scene of the fire, do all you can to convert it into a scene of destruction. Tear down all the fences in the vicinity. If it be a chimney on fire, throw salt down it; or if you can't do that, perhaps the best plan would be to jerk off the pump-handle and pound it down. Don't forget to yell, all the while, as it will have a prodigious effect in frightening off the fire. The louder the better, of course; and the more ladies in the vicinity, the greater necessity for "doing it brown." Should the roof begin to smoke, get to work in good earnest, and make any man "smoke" that interrupts you. If it is summer, and there are fruit-trees in the lot, cut them down, to prevent the fire from roasting the apples. Don't forget to yell! Should the stable be threatened, carry out the cow-chains.

Never mind the horse,--he'll be alive and kicking; and if his legs don't do their duty, let them pay for the roast. Ditto as to the hogs,--let them save their own bacon, or smoke for it. When the roof begins to burn, get a crow-bar and pry away the stone steps; or, if the steps be of wood, procure an axe and chop them up. Next, cut away the wash-boards in the bas.e.m.e.nt story; and if that don't stop the flames, let the chair-boards on the first floor share a similar fate. Should the "devouring element" still pursue the "even tenor of its way," you had better ascend to the second story. Pitch out the pitchers, and tumble out the tumblers. Yell all the time!

If you find a baby a-bed, fling it into the second story window of the house across the way; but let the kitten carefully down in a work-basket.

Then draw out the bureau drawers, and empty their contents out of the back window; telling somebody below to upset the slop-barrel and rain-water hogshead at the same time. Of course, you will attend to the mirror. The further it can be thrown, the more pieces will be made. If anybody objects, smash it over his head. Do not, under any circ.u.mstances, drop the tongs down from the second story; the fall might break its legs, and render the poor thing a cripple for life. Set it straddle of your shoulder, and carry it down carefully. Pile the bedclothes carefully on the floor, and throw the crockery out of the window. By the time you will have attended to all these things, the fire will certainly be arrested, or the building be burnt down. In either case, your services will be no longer needed; and, of course, you require no further directions.

Anonymous.

CCCLIV.

MR. PEPPERAGE'S PERORATION.

The Union! Inspiring theme! How shall I find words to describe its momentous magnificence and its beatific l.u.s.tre? The Union!--it is the ark of our safety!--the palladium of our liberties!--the safeguard of our happiness!--and the aegis of our virtues! In the Union we live and move and go ahead It watches over us at our birth--it fans us in our cradles--it accompanies us to the district school--it gives us our victuals in due season--it selects our wives for us from "America's fair daughters," and it does a great many other things; to say nothing of putting us to sleep sometimes, and keeping the flies from our innocent repose.

While the Union lasts, we have the most remarkable prospect of plenty of fodder, with occasional drinks. By its beneficent energies, however, should the present supply give out, we shall rise superior to the calculations of an ordinary and narrow prudence, and take in Cuba, Hayti, and Mexico, and such parts of all contiguous islands as may offer prospects for an advantageous investment.

Palsied be the arm, then, and blistered the tongue, and humped the back, and broken the legs, and eviscerated the stomach, of every person who dares to think, or even dream of harming it! May the heaviest curses of time fall upon his scoundrelly soul! May his juleps curdle in his mouth. May he smoke none but New Orleans tobacco! May his family be perpetually ascending the Mississippi in a steamboat! May his own grandmother disown him! And may the suffrages of his fellow-citizens pursue him like avenging furies, till he is driven howling into Congress. For oh! my dear, dear friends--my beloved fellow-citizens, who can foretell the agonies, or the sorrows, or the blights, and the anguish, and the despair, and the black eyes, and the b.l.o.o.d.y noses, that would follows upon the dispersion of our too happy, happy family.

The accursed myrmidons of despotism, with gnashing teeth and blood-stained eyes, would rush at large over the planet. They would lap the crimson gore of the most respectable and wealthy citizens. The sobs of females, and the screams of children, would mingle with the bark of dogs and the crash of falling columns. A universal and horrid night would mantle the skies, and one by one, the strong pillars of the universe go crumbling into ruin, amid the gleam of bowie-knives and the lurid glare of exploding steamboats.

Anonymous.

CCCLV.

FOURTH OF JULY ORATION.

Feller-Citizens,--I've bin honored with a invite to norate before you to-day; and when I say that I scarcely feel ekal to the task, I'm sure you will believe me. I'm a plane man. I don't know nothing about no ded langwidges and am a little shaky on livin ones. There 4, expect no flowry talk from me. What I shall say will be to the pint, right strate out. I am not a politician and my other habits air good. I've no enemys to reward, nor friends to sponge. But I'm a Union man. I luv the Union--it is a Big thing and it makes my hart bleed to see a lot of ornery people a-movin heaven--no, not heaven, but the other place--and earth, to bust it up.

Feller-citizens--I haint got time to notis the growth of Ameriky frum the time when the Mayflowers c.u.m over in the Pilgrim and brawt Plymouth Rock with them, but every skool boy nose our career has bin tremenjis. You will excuse me if I don't prase the early settlers of the Kolonies. I spose they ment well, and so, in the novel and techin langwidge of the nusepapers, "peas to their ashis." There was no diskount, however, on them brave men who fit, bled and died in the American Revolushun. We need n't be afraid of setting 'em up two steep. Like my show, they will stand any amount of prase. G. Washington was abowt the best man this world ever sot eyes on, He was a clear-headed, warm-harted, and stiddy goin man. He never slept over!

The prevailin weakness of most public men is to slop over! They git filled up and slop. They Rush Things. They travel too much on the high presser principle. They git onto the fust poplar hobby-hoss which trots along, not caring a cent whether the beest is even goin, clear sited and sound or spavined, blind and bawky. Of course they git throwed eventooualy, if not sooner. When they see the mult.i.tood goin it blind they go pel mel with it, instid of exerted theirselves to set it right. They can't see that the crowd which is now bearin then triumfuntly on its shoulders will soon diskiver its error and cast them into the hoss pond of oblivyon, without the slitest hesitashun. Washington never slopt over. That was n't George's stile. He luved his country dearly. He was n't after the spiles. He was a human angel in a 3 cornered hat and knee britches, and we shant see his like right away. My frends, we cant all be Washingtons, but we kin all be patrits and behave ourselves in a human and a Christian manner. When we see a brother goin down hill to Ruin let us not give him a push, but let us seize rite hold of his coat-tails and draw him back to Morality.

Imagine G. Washington and P. Henry in the characters of seseshers! As well fancy John Bunyan and Dr. Watts in spangled t.i.tes, doin the trapeze in a one-horse circus.

I tell you, feller-citizens, it would have bin ten dollars in Jeff Davis's pocket if he'd never been born!

C. F. Brown.

BOOK THIRD.

HUMOROUS SELECTIONS.

POETRY.

CCCLVI.

The DUEL.

In Brentford town, of old renown, There lived a Mister Bray Who fell in love with Lucy Bell, And so did Mister Clay.

To see her ride from Hammersmith, By all it was allowed, Such fair "outside" was never seen,-- An angel on a cloud.

Said Mr. Bray to Mr. Clay, "You choose to rival me, And court Miss Bell; but there your court No thoroughfare shall be.

"Unless you now give up your suit, You may repent your love;-- I who have shot a pigeon match, Can shoot a turtle dove.

"So pray, before you woo her more, Consider what you do: If you pop aught to Lucy Bell,-- I'll pop it into you."

Said Mr. Clay to Mr. Bray, "Your threats I do explode;-- One who has been a volunteer Knows how to prime and load.

"And so I say to you, unless Your pa.s.sion quiet keeps, I, who have shot and hit bulls' eyes, May chance to hit a sheep's!"

Now gold is oft for silver changed, And that for copper red; But these two went away to give Each other change for lead.

But first they found a friend apiece, This pleasant thought to give-- That when they both were dead, they'd have Two seconds yet to live.

To measure out the ground, not long The seconds next forbore; And having taken one rash step, They took a dozen more.

They next prepared each pistol pan, Against the deadly strife; By putting in the prime of death Against the prime of life.

Now all was ready for the foes; But when they took their stands, Fear made them tremble so, they found They both were shaking hands.