Knickerbocker's History of New York/Book IV/Chapter V

Chapter V
Among the wrecks and fragments of exalted wisdom which have floated down the stream of time from venerable antiquity, and been picked up by those humble but industrious wights who ply along the shores of literature, we find a shrewd ordinance of Charondas the Locrian legislator. Anxious to preserve the judicial code of the state from the additions and amendments of country members and seekers of popularity, he ordained that, whoever proposed a new law should do it with a halter about his neck; whereby, in case his proposition were rejected, they just hung him up--and there the matter ended.

The effect was, that for more than two hundred years there was but one trifling alteration in the judicial code; and legal matters were so clear and simple that the whole race of lawyers starved to death for want of employment. The Locrians, too, being freed from all incitement to litigation, lived very lovingly together, and were so happy a people that they make scarce any figure in history; it being only your litigatous, quarrelsome, rantipole nations who make much noise in the world.

I have been reminded of these historical facts in coming to treat of the internal policy of William the Testy. Well would it have been for him had he in the course of his universal acquirements stumbled upon the precaution of the good Charondas; or had he looked nearer home at the protectorate of Oloffe the Dreamer, when the community was governed without laws. Such legislation, however, was not suited to the busy, meddling mind of William the Testy. On the contrary, he conceived that the true wisdom of legislation consisted in the multiplicity of laws. He accordingly had great punishments for great crimes, and little punishments for little offences. By degrees the whole surface of society was cut up by ditches and fences, and quickset hedges of the law, and even the sequestered paths of private life so beset by petty rules and ordinances, too numerous to be remembered, that one could scarce walk at large without the risk of letting off a spring-gun or falling into a man-trap.

In a little while the blessings of innumerable laws became apparent; a class of men arose to expound and confound them. Petty courts were instituted to take cognizance of petty offences, pettifoggers began to abound, and the community was soon set together by the ears.

Let me not be thought as intending anything derogatory to the profession of the law, or to the distinguished members of that illustrious order. Well am I aware that we have in this ancient city innumerable worthy gentlemen, the knights-errant of modern days, who go about redressing wrongs and defending the defenceless, not for the love of filthy lucre, nor the selfish cravings of renown, but merely for the pleasure of doing good. Sooner would I throw this trusty pen into the flames, and cork up my ink-bottle for ever, than infringe even for a nail's breadth upon the dignity of these truly benevolent champions of the distressed. On the contrary, I allude merely to those caitiff scouts who, in these latter days of evil, infest the skirts of the profession, as did the recreant Cornish knights of yore the honorable order of chivalry; who, under its auspices, commit flagrant wrongs; who thrive by quibbles, by quirks and chicanery, and like vermin increase the corruption in which they are engendered.

Nothing so soon awakens the malevolent passions as the facility of gratification. The courts of law would never be so crowded with petty, vexatious, and disgraceful suits were it not for the herds of pettifoggers. These tamper with the passions of the poorer and more ignorant classes; who, as if poverty were not a sufficient misery in itself, are ever ready to embitter it by litigation. These, like quacks in medicine, excite the malady to profit by the cure, and retard the cure to augment the fees. As the quack exhausts the constitution the pettifogger exhausts the purse; and as he who has once been under the hands of a quack is for ever after prone to dabble in drugs, and poison himself with infallible prescriptions, so the client of the pettifogger is ever after prone to embroil himself with his neighbors, and impoverish himself with successful lawsuits. My readers will excuse this digression into which I have been unwarily betrayed; but I could not avoid giving a cool and unprejudiced account of an abomination too prevalent in this excellent city, and with the effects of which I am ruefully acquainted, having been nearly ruined by a lawsuit which was decided against me; and my ruin having been completed by another, which was decided in my favor.

To return to our theme. There was nothing in the whole range of moral offences against which the jurisprudence of William the Testy was more strenuously directed than the crying sin of poverty. He pronounced it the root of all evil, and determined to cut it up root and branch, and extirpate it from the land. He had been struck, in the course of his travels in the old countries of Europe, with the wisdom of those notices posted up in country towns, that "any vagrant found begging there would be put in the stocks," and he had observed that no beggars were to be seen in these neighborhoods; having doubtless thrown off their rags and their poverty, and become rich under the terror of the law. He determined to improve upon this hint. In a little while a new machine of his own invention was erected hard by Dog's Misery. This was nothing more nor less than a gibbet, of a very strange, uncouth, and unmatchable construction, far more efficacious, as he boasted, than the stocks, for the punishment of poverty. It was for altitude not a whit inferior to that of Haman, so renowned in Bible history; but the marvel of the contrivance was, that the culprit, instead of being suspended by the neck according to venerable custom, was hoisted by the waistband, and kept dangling and sprawling between heaven and earth for an hour or two at a time, to the infinite entertainment and edification of the respectable citizens who usually attend exhibitions of the kind.

Such was the punishment of all petty delinquents, vagrants, and beggars and others detected in being guilty of poverty in a small way. As to those who had offended on a great scale, who had been guilty of flagrant misfortunes and enormous backslidings of the purse, and who stood convicted of large debts which they were unable to pay, William Kieft had them straightway enclosed within the stone walls of a prison, there to remain until they should reform and grow rich. This notable expedient, however, does not appear to have been more efficacious under William the Testy than in more modern days, it being found that the longer a poor devil was kept in prison the poorer he grew.

END OF VOLUME I.