The Continental Monthly, Vol. III, No. V, May, 1863

But these preliminary points appear of small moment when we come to consider the plea, if it be worthy of that name, which the counsel for the defendant opposed to the suit of the plaintiff. The bond is admitted, the penalty is confessed, the pound of flesh is forfeited, the bosom of Antonio is bared to the knife—when this brief but brief-less barrister, this skylarking young judge of Belmont steps jauntily forward, with a most preposterous quibble on her lips, and manages by an adroit subtlety to defeat the judgment to which the plaintiff is legally entitled. She awards the flesh, fibres, nerves, adipose matter, in controversy, to Shylock; but declares his life and fortune confiscate if he sheds a drop of blood, or takes more or less than the exact pound.

Now if there be one principle of law better settled than another (and probably it was as clearly set forth in the Revised Statutes of Venice as is set forth in our own common law), it is that a party entitled to the possession of a commodity, whether grain, guano, dead or live men's flesh, bones and sinews, is entitled, also, to pursue the usual necessary and appropriate means of obtaining the possession of the same. I appeal to Colonel W– if this be not good law, and asking whether, if he be entitled to a dinner, he has not a right to seize upon it, whenever or however he can find it; whether, if a man owes him a bottle of champagne, he has not the right to break the neck of the bottle if a corkscrew is not convenient? So, to use a drier example, the sale of standing timber entitles the purchaser to enter the land upon which it is situated, and to cut down and carry off his own property. On the same principle, if A sells B a house and lot, entirely surrounded by other land owned by A, B has clearly a right of way to his own wife and fireside over A's land. (2 Blackstone 1149.) A hundred examples might be given in point, but it would be insulting the dignity of this court to argue at length a theory so transparently clear. If the shedding of a few drops of blood, more or less, was incidental and necessary to the rights of the plaintiff, if the article of personal property, forfeited to him on the bond, could be obtained in no other way, then, according to all the principles of law and common sense, he had a right to spill those drops, more or less; and that, too, without legal risk.

If the penalty was legal, and that were admitted, the method of exacting it was legal also. Portia's quibble was so transparent and barefaced that the decision of the court can only be explained on the theory that the court was drunk, or in love, which seems to have been the condition of several of the prominent parties in this proceeding, excepting always the plaintiff. As to the other part of Portia's plea, it is doubtless true that the plaintiff would take more of the commodity involved in the suit than the court awarded him at his peril; but as half a pound, or a quarter of a pound, cut off from the right spot would have answered his purpose, I do not see under what principle of law he was defrauded of that satisfaction. There was nothing to have prevented him from cutting less than a pound from Antonio's body, and of so releasing him, the defendant, from a portion of the penalty; and the court should have instructed the plaintiff as to his rights in this particular, instead of adopting a quibble worthy of only a Tombs lawyer or a third-rate pettifogger.

I cannot then believe that Mr. Reporter Shakspeare, in handing down to posterity the record of this remarkable case, meant to express an approval of Portia's subterfuge. My inference rather is that he was aiming a covert sarcasm at those women who thrust themselves conspicuously upon the notice of the public, and that he meant to hint that those who thus unsex themselves often make a showy appearance without displaying much solid merit. If this subtle, sharp, and strong-minded female did not turn out to be something of a shrew, before her husband was done with her, I am much mistaken. Possibly, however, Shakspeare's sarcasm might bear a more general interpretation, and implies that women in an argument seldom meet the true issue presented to them, but are prone to go off at a tangent on some side quibble, and to repel the arguments of their antagonists by the subtlety of their inventions rather than by the cogency of their logic. I appeal to my friend, the sage of Cattaraugus, who has a large knowledge of the customs of the sex, if this be not the usual result.

Not to cut the reply of the deacon too short, I go on to remark that whether he agrees with me or not, neither he nor any other well-balanced man would have descended, on the trial of so important a case as the one we are discussing, to a trivial playing upon words. Even my friend, the district attorney, than whom no man is more remorselessly given—in private life—to the depraved habit of quibbling, and who never hesitates to impale truth upon the point of a verbal criticism, would by the temptation of a fee commensurate with the vigor of the moral effort required, have discussed the question on broader and truer principles. Had he been retained on the part of Antonio, he would have proved himself equal to the occasion, and have unfolded a logical and consistent answer to the claim of the plaintiff.

He would have boldly attacked the bond itself, as absolutely void in its inception, because it was aimed at the life of a citizen of Venice, and would have called upon the court to abrogate a contract which violated the very laws that the court was bound to administer. With his usual eloquence, he would have urged that a penalty so illegal, immoral, and monstrous, and which involved the commission of the highest crime, except treason, known to the laws of the state, could never be enforced in a civilized country. He would have offered to the court no woman's quibble like that of Portia, based upon the assumption that the penalty of a bond which sanctioned a high and capital crime could be enforced in a court of law; and in fine, would have addressed an argument to the reason and understanding of the court which might render a consideration of this case by the tribunal unnecessary.

But no good plea to the plaintiff's cause of action was made on the trial, and the court was, and I fear that the whole world has been deceived by Portia's subterfuge. We must, therefore, regard Shylock as a badly used man. After all, he was no worse than many creditors and note shavers of this day, who only demand the life blood of their victims, and if on the pleas before the court he was entitled to judgment, like them he should have had it. Doubtless in private life Shylock was a very honest and well-behaved gentleman, not a mere mountebank as he is sometimes represented on the stage, but a vigorous and energetic man of the world, shrewd, sagacious, and long sighted in business, honored on change, respected by his friends, and a pattern of prudence and morality. And then, perhaps, he was only carrying on a joke, a kind of Jew d'esprit, conceived in a moment of amiable eccentricity, and never to be executed. If not a joke, however, the judgment of Judge Portia should be set aside, and a new trial, with costs, should, in my opinion, have been ordered.

A HEROINE OF TO-DAY

We had watched with her alternate nights throughout all her illness, but this night we thought would be her last, and neither of us was willing to leave her. The surgeons and nurses had gone, and we were at last alone. We sat through the remaining hours in deathly stillness, occasionally moistening the lips and tongue of the sufferer. It was the last office of friendship, and I yielded it, though reluctantly, to her earliest and dearest friend. Monotonous the hours were, but not long. We would have made them longer if we could, for though the waning life before us was but the faintest shadow of the life we had companioned with, we were loath to lose it—to face the blank that would be left when it was gone.

One, two, three o'clock sounded, and still no perceptible change; but soon after the breathing became shorter, a slight film gathered on her eyes, and we stood in the presence of the last great mystery. Shorter and shorter grew the breath, deeper and deeper the film, till, just as the first gray light showed itself in the eastern horizon, came the last sigh, and Mrs. Simmons, leaning forward, exclaimed in a low voice, 'It is over.' As for me, I buried my face in the pillow and wept unrestrainedly.

In a hospital the day treads closely on the night, and soon the morning came. We retired to our apartment for rest, but we could not sleep. We could only think of our loss, and after an hour or two we rose, somewhat rested, but not refreshed. Ever since my first acquaintance with Laetitia Sunderland, I had eagerly desired to learn her previous life. Glimpses of it I had obtained, but I wanted it as a whole, and now I was with one, perhaps for the last time, who could give me a full account of it. It was an opportunity not to be lost, and while partaking of our morning coffee, I asked Mrs. Simmons if she would tell me what I so longed to know. She willingly assented, and as I was relieved from duty for the day, and the morning was mild and beautiful, we sought a rustic seat in the garden, and there in a little nook retired from view, I heard the story of that life to which my own during the past year had been so closely knit.

'There is one thing,' said Mrs. Simmons, 'in regard to our friend, to which we have never alluded, and which, perhaps, you would rather have me now pass over; but on that very thing her whole character and history turn, and to omit it would leave nothing worth the telling—I mean her personal appearance.

'When I was a child, my parents moved into the suburbs of Condar, and as there were no houses between ours and Mr. Sunderland's, the two families soon became well acquainted. On the day that I was ten years old, my mother told me there was a baby girl at Mrs. Sunderland's, and said she would take me to see it. I was delighted, and wanted to go immediately, but mother said I must wait till to-morrow. To-morrow came, and I was sick; and at last the baby was a week old when I was taken, the happiest little mortal in existence, into that upper room where the little one lay in its nurse's arms. I looked at it, and then at my mother.'

"What is the matter, Mary?' said she.

"It isn't a very pretty baby, is it, mother?'

"Oh it will grow prettier," said my mother, and with that I was satisfied. I was extravagantly fond of babies, and this one I adopted as my especial care, for there was no other in the neighborhood; and besides, in my childish confusion of ideas, I supposed we were twins, our birthdays being the same.

'From the time Laetitia first learned to speak, she came to me with all her troubles and her interests, and I was always glad to be her sympathizer, her counsellor, and her playmate. When she was five or six years old she went to the nearest district school. She was always a marked girl, from her extreme homeliness, her excellent scholarship, her boldness in all active sports, and an odd humor which never failed to interest and amuse. My mother's prophecy, alas! was not fulfilled. She grew no prettier, but rather the reverse. She was the same in childhood as when you knew her, with the high, bold forehead, crowned with white, towy hair, small greenish-gray eyes, shaded and yet not shaded with light yellowish eyelashes, short and thin; scanty eyebrows of the same color; a nose so small and flat it seemed scarcely a projection from her face; teeth tolerably good, but chin and mouth receding in a peculiar manner, and very disagreeably; and a thick, waxy complexion, worse in childhood than of late years, for the spirit had not then found its way through it, as it did afterward. Moreover, by a singular malignancy of fortune, when she was twelve years old, she was attacked with varioloid, and taking a severe cold as she was getting well, had a relapse, and was left as you see her, not closely marked, but sufficiently pitted to attract attention.

'My parents thought more of education than the Sunderlands, and my advantages were much better than Laetitia's. I went for some time to a good select school in the town, and afterward two years to an excellent boarding school. When Laetitia had learned all that her instructors in the little district school could teach her, she came to me and begged that I would let her read with me. I was very glad to do so, and soon after my cousin and niece joined us. To those readings I am indebted for some of the most delightful hours of my life. My pupils, as I used to call them, were at that age when childhood is verging into womanhood, and it was my delight to watch the first dawnings of consciousness in their minds, the first awakening to the realities of life. Laetitia was the youngest of the three, but she was as intelligent and mature as the others. How well I remember the glow of enthusiasm with which she read of the heroes and martyrs of old, the intense sympathy with which she entered into the amor patriæ of the Greek and Roman, and her fervent admiration for the nobleness of action which this feeling called forth in them!

'The second year I began to see the development of new sentiments. The romance of life, as well as its heroism and duties, was revealed to them. Pieces of poetry which before had been read listlessly, or with only a distant apprehension of their meaning, were now full of interest. The sentiment which had passed unnoticed, now kindled their imaginations with delight; and there came, too, all the new attentions to dress and looks which first show themselves at this time. Life lay before them, golden and beautiful, and they saw all its shining angels coming to meet them—love, friendship, duty, praise, self-sacrifice, each with a joy in her hand, but the sorrow was concealed from their eyes, or, rather, was but another form of joy. They admitted its probability, but it was with the disguised pleasure which we feel in the troubles of the heroines of romance.

'Laetitia shared these feelings with the others, though with less reason; but her thought and imagination were so vivid, and gave color so completely to her life, that it would have been as absurd for her as for them to have looked at the probabilities of the case. Never once did she say to herself, that to one in her circumstances, life would most likely be full of disappointments and commonplace incidents. But time, the great revealer, soon opened to her those pages which her wisest friend would not have dared to show her so early.

'One evening I went to Mrs. Sunderland's on some trivial errand. The family were all out excepting Laetitia, whom I found sitting by the window, in the dark, with her head resting on her hand. Her manner indicated great depression; and I looked at her a moment and said, 'My dear child, what is the matter with you this evening?'

'Her head dropped upon the table, and she burst into tears. She continued to weep and sob, till, seeing she was not relieved, I put my hand upon her shoulder and said, 'Laetitia, Laetitia, don't cry so.'

'Don't call me Laetitia,' she replied. 'I shall never be Laetitia again.'

'The answer seemed melodramatic, but I knew she was suffering. Still I responded lightly: 'Oh yes, you will be Laetitia many, many times yet. 'Weeping may endure for a night, but joy cometh in the morning,' you know.'

'She did not reply, and we sat a while in silence, till at length I begged of her to tell me the cause of her grief, just to see if I could not help her. I think she wanted to tell it, for she tried two or three times, but could not get any further than 'Yesterday afternoon'—At last she said, 'I have a very great trouble; it will never be any less as long as I live, and it will forever keep me from being happy. I cannot tell it to you: can you help me without knowing it?'

'This was a new appeal, and I did not know how to answer it, but a thought came to me, and I replied: 'Go and tell God about it.'

'This I said at a venture, for, old as I was, I had never called upon Him in deep distress, and I did not know what the effect would be; but I saw immediately that the advice was unexpected, and seemed to meet the exigency.

'Her mother's voice was at that moment heard at the door, and I went out to give Laetitia an opportunity of slipping off to her room without meeting the family.

''Have you seen 'Titia?' said Mrs. Sunderland to me.

''Yes, she has just gone to her room.'

''Well, I don't know what's the matter with the child since last night, she's acted so queer. I 'spect she'll get over it, though; she always did have tantrums.'

'In one sense, however, she never did get over it, and it was many years before she really recovered much of her old light-heartedness, although she had an appearance of it to superficial companions. For a long time her inner life was shut from the view of her friends; but I am at present able to read it for you, partly from what she herself told me afterward, and partly from that insight which we all have into those lives and experiences with which we are in sympathy.

'One afternoon she left me very happy and gay, and went to see a friend near the town. She was returning slowly toward home, satisfied with herself, and enjoying intensely the beauty of the season, when she saw two ladies approaching her. They were strangers, and she looked at them with interest, attracted by their pleasing faces and graceful bearing. As they passed her, she overheard one of them say in an undertone, 'What a frightfully homely girl!'

'There could be no mistake. She only was meant, and the words went like a sharp dagger to her heart.

'While she was thinking how charming they were, she to them appeared only frightful. The whole future in an instant opened before her, and she saw herself, as she moved through it, constantly exciting, wherever she went, only repulsion in the minds of strangers and friends.

'All the charm and interest of life fled at the moment. That day and the next she was in a stupor of grief, from which she was first awakened by my tones of sympathy. My advice, too, opened a door of relief by giving her something to do. For the first time she remembered there was a Being who knew all about her sorrow, knew it was coming, understood its cause, and its effects. This Being she could open her mind to, and only to Him. He would not be surprised, and He would not annoy her with sympathy which could not cure and would only irritate. She knelt down, and with minute fidelity told Him every thought of her heart. The next day she felt cheerful—she thought she was resigned; but it was only the reaction caused by the tears and confession of the previous night, and it soon passed away. The words 'frightfully homely' echoed and re-echoed through her heart. All that was dreary, hopeless, and miserable clustered around them, and shut out from her the bright, happy life of the past. Her duties were performed as before. With others she was sufficiently animated; but when alone, she was wretched. Thus the months rolled on, till they became a year; and I, who had never been deceived by her occasional liveliness, began to think what I could do to change the current of her thoughts, which seemed to have no tendency to change of themselves.

'But Laetitia's life was not all feeling. Feeling suffers passively, with greater or less endurance, according to the strength of the physical frame, but the intellect always seeks a remedy for sorrow. It seemed horrible to her that she of all the world—of all her world, at least—should be so homely that no one could look on her without pain. It was intolerable, it ought not to have been, but it was permitted, it must be. Rebellion came of course, bitter rebellion, but it could do no good. There was the fate, it was impossible to escape it. What then? Drag through a miserable life till death came happily to relieve it? She was too young. Fifty, sixty years of travel over a dreary, barren waste, with no joy upon it? No, no, she could not do it—suicide first. But suicide was wrong, and could never be resorted to. There must be some relief elsewhere. Where was it? what was it?

'Continual dropping will wear away a stone, and continual thinking will wear a hollow into the stoniest of mysteries. At length, through all the mists of proximate causes and natural laws, some glorious truths became clear to her. The near and the visible receded to their proper importance, and she learned to hold principles and ideas more dear than the externals which embody them. She saw that God loves His children equally, and though the laws of nature must take their course, there is room for each result in His design; and in the infinite of His heart and His work each individual has place and purpose. She found, too, that angels laden with joy might descend and ascend between His soul and hers without a ladder made of earthly triumphs and successes. Thus in place of rebellion came happy acquiescence.

'But she was not yet contented. She was convinced that there was a life for her which she could not or would not lead if she were like others; but this life she could not find. She saw no intimations of it in herself. She had no genius for any special thing, and she continued restless and disturbed, wondering what it was appointed to her to do. At length it came to her.

'One day, as she was passing the house of her physician, through the open window she saw and heard that which induced her to go in and offer her services. A man in a disgusting stage of intoxication had cut his arm badly, and had come to have it bound up. His little child was with him, shrieking with terror, her face and clothes covered with dirt. The doctor roughly and with ill-concealed repugnance was caring for the wound, while the cook, with no attempt at concealment, was loudly expressing her disapprobation of the whole proceeding. Laetitia assisted the doctor, and washed off the blood; then took the child home with her, bathed her, gave her clean clothes and a dinner, and sent her away with a new happiness in her heart. While she was doing all this, she found what she had been seeking. There are very many things in this world disagreeable in the extreme, which ought to be done with interest, with care, with love. Why should she not undertake to do them? In themselves they would be repugnant, but she would do them for God, and she loved her Heavenly Father so well that the hardest thing done for Him would be the sweetest. In a day or two the feeling settled itself: it was firmly impressed upon her mind that in these employments she would have rest.

'One morning, about two years perhaps after the first day of her sorrow, she dropped into my room with something of her old suddenness, and, after the customary greetings, said simply: 'I am happy again now.'

''You need not tell me that: I can see it in your face.'

'The pleased expression remained for a moment, and then an intensely black cloud fell upon her countenance. She said nothing more, and in a few minutes went away. You see how it was—by one of those freaks by which the imagination loves to torture us, my remark recalled her whole misery and its unalterable cause, and having lost for the time the keynote to her new-found joy, the other took entire possession of her mind and overwhelmed it. In a few days she came back to me, and I said: 'I pained you when you were here before. I do not know how, but I am very sorry.'

'You did pain me, but you were entirely innocent. Afterward it grieved me still more that I was pained—that what you said had the power to pain me. I will tell you all, if you will hear it;' and, without waiting for my answer, she gave me the key to the last two years of her life.

'She finished, but I had nothing to reply. She had said all. Hitherto I had led her, but now her experience was deeper than mine. Besides, I could then less than ever understand the life that was opening before her, for I had just yielded my heart and promised my hand to one whom I loved; and though I by no means thought it impossible that she, too, might have tried the same path, yet I knew she thought so; and I could not conceive how she could look forward with contentment to a life in which that element of happiness was wanting. I could only assure her of my own warm affection, an assurance which gave her a pleasure that it always makes me happy to think of.

'Notwithstanding the apparently contradictory evidence of her late depression, her new experience was not precarious and uncertain: it was firm, enduring, to be rested upon in the most trying emergencies; yet it was not, for many years, unwavering. During all that period of a woman's life when looks and manners pass for so much, and the real character for so little, she suffered at times greatly. As she went onward, every new phase of the feelings which possess a girl's heart brought with it its own pang, and each had to be overcome, some by stifling, some by postponement to another existence, and others by studying to dissever, if possible, the essential sentiment from the shows in which it was imbedded. She was unwilling passively to outgrow her trials, feeling that thereby she would lose the strength they were intended to give. Her work, however, helped her more than anything. She was not eager to enter upon it. She did not stretch forth impatient, unskilled hands toward what her Father had designed for her. Entirely confident, she was right, she was at ease, knowing her work would come to her in the proper time, and it did.