The Continental Monthly, Vol. III, No. V, May, 1863: Devoted to Literature and National Policy — John Shaqi
The Continental Monthly, Vol. III, No. V, May, 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. III, No. V, May, 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
was and had been always entertained for him.
Again: The lengthy and much-admired plea of the defendant's counsel on
the subject of mercy was clearly out of place, especially if, as I have
endeavored to show, the defendant was not entitled to any particular
clemency or sympathy. The remarks of Portia, commencing,
'The quality of Mercy is not strained,'
(and, by the way, who but a woman would talk of straining an emotion as
one strains milk?) are wholly irrelevant to the issue, and ought not to
have been allowed. They were eloquent, indeed, but had nothing whatever
to do with _the trial_, which arose on a very plain case at law: A owed
B three thousand ducats, due and not paid on an ascertained day.
Whereupon B moves the court for the penalty, and demands judgment. If
the defendant had no answer at law, there is an end to the case; and it
was very irregular, impertinent, and contrary to well-settled practice
for the defendant's counsel to endeavor to lead off the mind of the
court from the true issue of the case. Portia, in what she says of mercy
being 'twice blessed' and 'dropping like the gentle rain from heaven,'
&c., &c., was, I fear, 'talking buncombe,' and all that part of her
speech should be stricken from the record, especially as it was
addressed to the plaintiff instead of the court, a highly indecorous
proceeding. Instead of indulging in all this sentimentality, her true
course would have been to have filed a bill in equity against Shylock,
and have obtained an injunction on an _ex parte_ affidavit, which only
requires a little strong swearing; or to have patched up a suit against
him for obtaining his knife under false pretences; than which (under the
New York code of procedure) nothing can be easier. But what better
conduct of a suit can you expect from a she-advocate--an
attorney-in-petticoats?
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