“As all toasts ought to be. If we are to have this dinner, and the
speeches, and all the usual publications afterwards, I choose that we
should appear with some little credit. Pray, sir,” raising his eyes to
his uncle, and his voice to correspond, “what do you think of it, now?”
“Just as I always have, Jack. It will never do at all. Justice would
halt miserably under such a system of practice. Some of the forms of
pleadings are infernal, if pleadings they can be called at all. I detest
even the names they give their proceedings—complaints and answers!”
“They are certainly not as formidable to the ear,” returned Jack, a
little saucily, “as rebutters and sur-rebutters. But I was not thinking
of the code, sir; I was asking your opinion of my new toast.”
“Even a fee could not extract an opinion, unless I heard it read.”
“Well, sir, here it is: ‘The constitution of the United States; the
palladium of our civil and religious liberties,’ Now, I do not think I
can much better that, uncle Tom!”
“I’m very sorry to hear you say so, Jack.”
“Why so, sir? I’m sure it is good American sentiment; and what is more,
it has a flavour of the old English principles that you so much admire,
about it, too. Why do you dislike it, sir?”
“For several reasons—it would be common-place, which a toast should
never be, were it true; but there happens not to be a word of truth in
your sentiment, sonorous as it may sound in your ears.”
“Not true! Does not the constitution guaranty to the citizen religious
liberty?”
“Not a bit of it.”
“You amaze me, sir! Why, here, just listen to its language, if you
please.”
Hereupon Jack opened a book, and read the clause on which he relied to
confute one of the ablest constitutional lawyers and clearest heads in
America. Not that Mr. Dunscomb was what is called an “expounder,” great
or small; but he never made a mistake on the subject in hand, and had
often caused the best of the “expounders” to retrace their steps. He was
an original thinker, but of the safest and most useful sort; one who
distinguished between the _institutions_ of England and America, while
he submitted to the fair application of minor principles that are so
common to both. As for his nephew, he knew no more of the great
instrument he held in his hand, than he had gleaned from ill-digested
newspaper remarks, vapid speeches in Congress, and the erroneous notions
that float about the country, coming from “nobody knows whom,” and
leading literally to nothing. The ignorance that prevails on such
subjects is really astounding, when one remembers the great number of
battles that are annually fought over this much-neglected compact.
Public-domain text, read in full here on John Shaqi.
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