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AMERICAN LEGAL SYSTEMS:
A RESOURCE AND REFERENCE
GUIDE

2
 LexisNexis Law School Publishing
Advisory Board
Paul Caron
Professor of Law
Pepperdine University School of Law
Bridgette Carr
Clinical Professor of Law
University of Michigan Law School
Steven I. Friedland
Professor of Law and Senior Scholar
Elon University School of Law
Carole Goldberg
Jonathan D. Varat Distinguished Professor of Law
UCLA School of Law
Oliver Goodenough
Professor of Law
Vermont Law School
John Sprankling
Distinguished Professor of Law
McGeorge School of Law

3
AMERICAN LEGAL SYSTEMS:
A RESOURCE AND REFERENCE
GUIDE
Second Edition

Toni Jaeger-Fine

Fordham University School of Law

4
ISBN: 978-1-4224-2397-4
eBook ISBN: 978-0-3271-7983-2

Library of Congress Cataloging-in-

Publication Data
Jaeger-Fine, Toni, author.
American legal systems : a resource and
reference guide / Toni Jaeger-Fine, Fordham
University School of Law.
1 online resource.
Includes bibliographical references and index.
Description based on print version record and
CIP data provided by publisher; resource not
viewed.
ISBN 978-0-327-17983-2 (epub) — ISBN 978-
1-4224-2397-4 (softbound)
1. Law—United States. 2. Justice,
Administration of—United States. 3. Judicial
process—United States. 4. Legal composition. 5.
Legal research—United States. I. Title.
KF380
349.73—dc23
2015017061

5
This publication is designed to provide authoritative
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the Internet

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FOR DESIREE

10
Summary of Contents
Cover

Prefatory Material
LexisNexis Law School Publishing Advisory Board
Title Page
Copyright
Summary of Contents
Foreword

Chapter 1 — INTRODUCTION TO THE U.S. LEGAL SYSTEMS

A. THE CONSTITUTION OF THE UNITED STATES OF AMERICA
1. Component Parts of the Constitution
2. The Articles
a. Article I — The Legislative Branch
b. Article II — The Executive Branch
c. Article III — The Judicial Branch
d. Article IV — Full Faith and Credit and Privileges and Immunities
e. Article V — The Amendment Process
f. Article VI — Supremacy of Federal Law
g. Article VII — Ratification
3. The Amendments
4. The Structure of the Government Created by the Constitution
a. Governing Principles of the Constitution
b. Relationship Between State and Federal Governments: Federalism
c. Relationship Between and Among Branches of National
Government: Separation of Powers and Checks and Balances
B. SOURCES OF U.S. LAW AND LEGAL AUTHORITIES
1. Introduction
2. Primary Versus Secondary Authorities
3. Secondary Authorities
4. Legal Authorities as Binding or Persuasive
5. Hierarchy of Sources of Law
6. Case Reporters and Digests
C. THE U.S. AS A COMMON LAW SYSTEM
D. THE ADVERSARIAL SYSTEM OF LITIGATION

Chapter 2 — STATUTORY LAW AND LEGISLATIVE HISTORY

A. U.S. CONGRESS: A BICAMERAL INSTITUTION

11
 1. The U.S. House of Representatives
2. The U.S. Senate
B. TERMINOLOGY RELATING TO CONGRESSIONAL ACTION
C. HOW LAWS ARE PASSED
D. SOURCES OF FEDERAL STATUTORY LAW
E. STATUTORY INTERPRETATION
F. FINDING LEGISLATIVE HISTORY OF A FEDERAL STATUTE

Chapter 3 — ADMINISTRATIVE AND OTHER EXECUTIVE LAW

A. PRELIMINARY POINTS RELATING TO AGENCIES AND FEDERAL
ADMINISTRATIVE LAW
B. AGENCY ACTIONS AND ISSUANCES
C. THE CODE OF FEDERAL REGULATIONS
D. THE FEDERAL REGISTER
E. PRESIDENTIAL DOCUMENTS

Chapter 4 — JUDICIAL SYSTEMS AND CASE LAW

A. U.S. JUDICIAL SYSTEMS
1. Multiple Judicial Systems
2. Federal Judicial System
a. General Attributes
b. Subject Matter Jurisdiction of the Federal Courts
c. Justiciability — The Case or Controversy Requirement in Federal
Courts
d. General Organization of the Federal Courts
e. Map of the Geographic Boundaries of the U.S. Courts of Appeals
and the U.S. District Courts
f. The Supreme Court of the United States
g. The United States Courts of Appeals
h. The United States District Courts
3. State Judicial Systems
4. Exclusive and Concurrent/Overlapping Jurisdiction
B. WORKING WITH CASE LAW
1. Elements of a Judicial Opinion
2. Syllabus and Headnotes
3. Stare Decisis
a. Stare Decisis in General
b. Some Rules Regarding the Application of Stare Decisis Principles
i. Rules Regarding Federal Law
ii. Rules Regarding State Law
c. Summary of Precedential Effect of Federal Court Decisions on

12
 Matters of Federal Law
4. Identifying and Working with Dictum
5. Analogizing and Distinguishing Precedent
6. Dealing with Contrary Authority

Chapter 5 — CIVIL LITIGATION AND APPEALS

A. PARTY DESIGNATIONS AND THEIR ROLES IN THE LITIGATION
AND APPELLATE PROCESSES
1. Party Designations at U.S. District Court
2. Party Designations at U.S. Court of Appeals
3. Party Designations at Supreme Court of the United Sates
B. CIVIL LITIGATION
1. Preliminary Points Relating to the Federal Civil Litigation Process
2. Civil Litigation Process
C. APPELLATE LITIGATION
1. Devices for Seeking Court of Appeals or Supreme Court Review
2. Federal Appellate Litigation Process
3. Special Issues Involving Appellate Court Review of Agency Action
D. COURT ISSUANCES AND DISPOSITIONS
1. Sources of Court Issuances
2. Court Dispositions
a. General Court Dispositions
b. Dispositions Peculiar to Trial Court Practice
c. Dispositions Peculiar to Appellate and Supreme Court Practice

Chapter 6 — LEGAL WRITING AND CITATION FORM

A. SOME NOTES ON GOOD LEGAL WRITING
B. THE INTEROFFICE MEMORANDUM OF LAW
1. Introduction to the Interoffice Memorandum of Law
2. Guidelines for Writing the Interoffice Memorandum of Law
a. Format of the Interoffice Memorandum of Law
b. Components of the Interoffice Memorandum of Law
3. Template of an Interoffice Memorandum
C. THE MOTION AND MOTION PRACTICE
1. Introduction to Motion Practice
2. Template of a Motion
3. Template of a Memorandum of Points and Authorities in Support of
Motion
4. Template of Draft Order
D. APPELLATE PRACTICE AND THE APPELLATE BRIEF
1. Notes on Appellate Practice
2. Components of an Appellate Brief

13
 3. Template of an Appellate Brief
IN THE UNITED STATES COURT OF APPEALS FOR THE
E. LEGAL CITATION FORM
1. Introduction to Legal Citation Convention
2. Who Sets Citation Norms
3. Using the Citation Manuals, In General
4. General Rules of Style
5. How to Cite to Authority
6. How to Quote from Authority
7. Case Citations

INDEX
A
C
D
E
F
I
L
M
P
S
T
U
W

14
Foreword
It is my hope that this second edition of American
Legal Systems: A Resource and Reference Guide will
be a unique addition to the literature designed to
introduce students to the U.S. legal systems. While
books on legal research, legal writing, and other
introductory matters abound, none presents the
fundamentals of the American legal systems in a
comprehensive yet accessible way.
That is what American Legal Systems strives to do. The
book provides an overview of American legal
institutions and sources of law, and presents a guide to
the interrelationships between and among those
institutions and legal authorities. It discusses the
defining role of the doctrine of stare decisis in the
American common law system and the critical judicial
review function. In addition, American Legal Systems
shows the reader how to determine and apply the
relative priorities of sources of law, all in the context of
the legislative process, agency action, and principles of
constitutional and legislative supremacy.
American Legal Systems ties many of these concepts to
the realities of law practice. Portions of the book
demonstrate how to locate specific resources, use legal
terms, and prepare commonplace legal documents.
Among the main virtues of the book is its “reader-

15
Another random document with
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 CHAPTER XV.

“Now shall you see me do my daily penance.

Mean, say you?—’tis the grander suffering then.
And thus I bear my yoke.”—

It had been Martha’s custom at all times to take upon herself the
disagreeable things of their daily life. A turbulent stormy spirit, it was
impossible to form any apprehension of her character without taking
into account the harsh and strong pride which had come
undiminished through all her trials;

“——the spurns
Which patient merit of the unworthy takes,”—

the slights and trifling disrespects which are only felt by the refined
poor—all these petty indignities were bitter to Martha, yet she had a
certain satisfaction in compelling herself to endure them. To stand
among the indiscriminate host who maintained themselves as she
did; to submit her work to the inspection of some small official; to
listen patiently to comments upon it, made for the sake of
preserving a needful importance and superiority; these and many a
trifling insult more were very hard to bear—but there was a bitter
pleasure in bowing to them, a stormy joy in the conscious force with
which she subdued her own rebellious nature, and put her foot upon
its neck. It was conquering her pride, she thought, and she
conquered it proudly, using its own might to vanquish itself.
But though Martha could bear needful humiliations herself, this
pride of hers, which enabled her to bear them, built a mighty wall
round her children. She could not bear humiliation to brother or
sister; they were hers—heart of her heart, crown of her honour—and
with the constant watchfulness of jealous love she guarded them
from derogation. With courage unfailing she could bear what was
needful to be borne if it might be in her own person, but if it fell on
them, the blow struck to her heart.
And so she passed through crowds of prosperous people, who
never bestowed a second look upon her—a woman growing old,
with grey streaks in her hair, and harsh lines in her face—a poor
woman, distressed and full of care—what was there to look at? But if
some magic had changed the bodily form, which was a veil to her,
into the person of some noble despot king, foiled and despairing,
there was enough to rivet the eyes of a world.
She was carrying back a fortnight’s laborious work—and filling up
all the interstices of the greater misery, which did not change, were
a hundred shifting plans of how to distribute this pittance. A strange
chaos was in Martha’s mind as she went through those crowded
streets. Broken prayers, so often repeated that they came vacantly
into her mind often, and often fell upon her like strong inspirations,
forcing her almost to cry aloud in an agony of entreaty, mingled with
those painful calculations of the petty sum she was about to receive,
which hovered like so many irritating insects over the dull and heavy
pain in her heart. The cloud would not disperse; the weight would
not lighten from her. Harry, at home, had smiles of new confidence
on his face already, and had talked Agnes and Rose into hope; but
the days of hope were past for Martha. She desired to submit; she
longed to bend her neck meekly under the yoke, and acquiesce in
what God sent; but the struggle was hard, and it seemed to herself
that she could have submitted easily to any affliction but this—this
was the intolerable pain—and this was her fate.
The warehouse was in the Candleriggs, and a spruce clerk received
the work from her, and paid her the joint wages of Rose and herself
for the fortnight’s labour. It was thirty shillings—a very little sum,
though they thought it good. On rare occasions the weekly produce
of their united toil was as much as a pound, but this was a more
usual amount.
Filling her little basket with the renewed and increased supply of
work given at her request, Martha turned to one of the dim streets
of counting-houses which surround the Exchange. In the same line
of buildings the Buchanans had their office, but Martha was not
going there. She ascended another dusty stair at some little
distance, and entering a smaller office, asked for Mr. Sommerville.
Mr. Sommerville was a ruddy comfortable man, in an easy chair;
once a poor Ayrshire lad, now, totally forgetful of that time, a
cautious, shrewd, wealthy merchant, richer than many of the
splendid commercial magnates who lightened the dim sky around
him. But some claim of distant kindred or ancient acquaintance
connected him with the family of the Muirs; though his look of doubt
as Martha entered, and his laconic greeting, “Oh, Miss Muir,” when
he recognised her, showed that this claim was of the slenderest kind.
“I have come to speak to you about my brother,” said Martha,
standing before him with a flush upon her face; “I mean I have
taken the liberty, Mr. Sommerville—for Harry has lost his situation.”
“What! the place I got for him in Buchanan’s?” exclaimed the
merchant. “What has he done that for? some misconduct I suppose.”
“No misconduct,” said Martha, with sudden courage; “nor have you
the slightest ground for supposing so. Harry had money stolen from
him on his way between the bank and the office—a thing which no
one could foresee, and which has happened to many a wiser man.
This is the cause; but this is not misconduct.”
Mr. Sommerville waved his hand impatiently. “Yes, yes, I
understand; I see. Money stolen from him: I never had money
stolen from me. But I never will recommend a man again; they
invariably turn out ill. How much was it?”
“Fifty pounds.” said Martha, “for all of which he is responsible, and,
if he were but in another situation, which we would not fail to pay.”
 “Oh yes, that’s all very well,” said the merchant, “but how is he to
get the other situation? There must have been great carelessness,
you know, or they never would have dismissed him. I heard he was
wild; young Buchanan told me he was wild—but I did not expect it
was to end so soon.”
“And neither it shall,” said Martha, controlling, with absolute
physical pain, the fierce hot anger of her mother-like love. “Mr.
Buchanan has already taken from Harry a proportion of this sum. I
pledge myself that the rest shall be paid.”
“You!” He looked at her. Certainly, her name would not have been
of the smallest importance at a bill; but glimmerings of truth higher
than bills, or money values, will flash sometimes even on stolid men.
For a moment his eyes rested strangely upon her; and then he
turned away his head, and said, “Humph!” in a kind of confidential
under tone. The good man rubbed his bushy hair in perplexity. He
did not know what to make of this.
“But unless Harry has employment we can do nothing,” said
Martha, “all that is in our power, without him, must be the mere
necessities of living. You have helped us before, Mr. Sommerville.”
“If that was to be a reason for exerting myself again, in every case
of distress that comes to me,” said the merchant with complacency,
“I can tell you, I might give up all other business at once; but
recommending a man who turns out ill is a very unpleasant thing to
creditable people. There is Buchanan now—of course he took my
word for your brother—and I assure you I felt it quite a personal
reflection when his son told me that Muir was wild.”
“And his son dared!” exclaimed Martha, with uncontrollable
indignation, “and this youth who does evil of voluntary intent and
purpose is believed when he slanders Harry! Harry, whom this very
lad—that he should have power, vulgar and coarse as he is, with a
brother of mine!—has betrayed and beguiled into temptation. But I
do wrong to speak of this. The present matter is no fault of Harry’s,
yet it is the sole reason why he loses his situation; and I see no
ground here for any one saying that my brother has disgraced
them.”
Strong emotion is always powerful. It might be that Mr.
Sommerville had no objection to hear Richard Buchanan
condemned. It might be that Martha’s fierce defence awoke some
latent generosity in the mind she addressed. However that might be,
the merchant did not resent her outburst, but answered it
indistinctly in a low voice, and ended with something about
“partiality,” and “quite natural.”
“I am not partial,” said Martha hastily. “No one has ever seen, no
one can ever see, Harry’s faults as I do. I am not indifferent enough
to pass over any one defect he has; but Harry is young. He has
reached the time when men are but experimenting in independent
life. Why should he lose his good name for a common misfortune
like this?”
“You should have stayed in Ayr,” said Mr. Sommerville, with a little
weariness. “I don’t want to injure his good name! I have no object in
hurting your brother; indeed, for the sake of the old town, and some
other things, I would help him to a situation if I could. I’ll just speak
to my cash-keeper. He knows about vacant places better than I do.”
And partly to get rid of a visitor whose unusual earnestness
embarrassed him; partly out of a sudden apprehension that he
might possibly be called upon by and by for pecuniary help, if no
situation could be got for Harry, Mr. Sommerville left his easy chair,
and had a consultation in the outer office with his confidential clerk.
Very weary and faint, Martha remained standing in the private room.
Many a time in her own heart, with the bitterness of disappointed
hope and wounded love, she had condemned Harry; but with the
fierceness of a lion-mother, her heart sprang up to defend him when
another voice pronounced his sentence. She could not bear the
slightest touch of censure—instinctively she dared and defied
whosoever should accuse him—and no one had liberty to blame
Harry except the solitary voice which came to her in the night
watches wrung out of her own heart.
 In a short time Mr. Sommerville returned.
“I hear of one place, Miss Muir,” said the merchant; “but there is
security needed, and that might be a drawback—seventy pounds a-
year—a good salary, but then they want security for five hundred
pounds. If you could manage that, the place is a very good one—
Rowan and Thomson—and it is a traveller they want—not so much
confinement as in an office; it might suit your brother very well, if it
were not for the security.”
“It would not do,” said Martha, quickly. “Harry cannot be a traveller
—it would kill him.”
Mr. Sommerville elevated his eyebrows. “Cannot be a traveller!
Upon my word, Miss Muir, to say that you came asking my help, you
are very fastidious. I fancied your brother would be glad of any
situation.”
“Not this—only not this,” said Martha, in haste, as if she almost
feared to listen to the proposal, “Harry is not strong. I thank you, Mr.
Sommerville, I thank you; but it would kill him.”
“Then, I know of nothing else,” said the merchant, coldly resuming
his seat. “If I hear of anything, I will let you know.”
Cold words of course, often said, never remembered. Martha
turned away down the dusty stair, blaming herself for thus wasting
the time in which she might have been working; but she could work
—could give daily bread to the little household still—and that was
the greatest comfort of her life.
Far different from the mill-girls and engineers of Port Dundas was
the passing population in these dusty streets. Elderly merchantmen,
with ease and competence in every fold of their spotless broadcloth
—young ones exuberant and unclouded, casting off the yoke of
business as lightly, out of the office, as they bore it sensibly within,
met Martha at every step. Here come some, fresh from the
Exchange. You can see they are discussing speculations, calculating
elaborate chances, perhaps “in the way of business,” hazarding a
princely fortune, which may be doubled or dissolved before another
year. And a group of young men meet them, louder and more
demonstrative, circling round one who is clearly the object of
interest to all. Why?—he is going out to India to-morrow to make his
fortune—and save that it gives him a little importance, and makes
him the lion of the day, envied by all his compeers, this youth, who
is flushed just now with a little excitement, in reality feels no more
about his Indian voyage, than if it were but a summer expedition to
the Gairloch, or Roseneath Bay; and is much more comfortably
assured of making his fortune, than he would be of bringing home a
creditable amount of trout, if the event of to-morrow was a day’s
fishing, instead of the beginning of an eventful life. Of the youths
round him, one will be the representative partner of his “house” in
far America before the year is out; another will feed wool in the
bush; another learn to adorn his active northern life, with oriental
pomps and luxuries by the blue waves of the Bosphorus. And among
them all there is a certain fresh confident unconscious life, which, so
far as it goes, carries you with it in sympathy. It is not refined, it is
not profound, it has little elevation and little depth; but withal it has
such a fresh breeze about it, such a continual unceasing motion,
such an undoubting confidence in its own success, that this
simplicity of worldliness moves you as if it were something nobler.
Not true enough, nor great enough to call the solemn “God speed”
out of your heart; yet you cannot choose, but wish the young
adventurers well.
And there are clerks more hurried; young men with quick business-
step and eye, whose sons shall be merchants’ sons, as carelessly
prosperous as are the young masters in the office now; but some
who will live and die poor clerks, yet who will have their share of
enjoyed life as well, and end their days as pleasantly, pass and
repass among the crowd. Some, too, who will sink and fall, who will
break hearts, and give fair hopes the death-blow. So much young
life—so many souls, each to make its own existence for itself, and
not another. There come solemn thoughts into the mind which looks
on such a scene.
 And Martha, half abstracted, looked on it, comparing them with
Harry. But there was none like Harry—not one; the heart that
clasped its arms about him in his misfortune—the dry eye which
watched the night long with schemes for his prosperity—could see
none worthy to be placed beside him. Poor Harry! his sister could
not see these others, for his continual shadow resting on her heart.
When Martha had nearly reached the Exchange, she heard some
one calling after her. It was John Buchanan; he came up out of
breath.
“Will you tell Harry that I think he should come down and see my
father, Miss Muir?” gasped John. “I’ve been chasing you for ten
minutes—you walk so fast. My father’s come home, and he’s shut up
with Dick. I don’t think he’s pleased. If Harry would come down to-
morrow, it might be all right again.”
 CHAPTER XVI.
“’Tis the weak who are overbold; your strong man can
count upon the might he knoweth; your feeble one, in
fancy sets no bound to his bravery, nor thinks it time to
fail till there is need of standing.”
old play.

“Seventy pounds a-year,” repeated Harry Muir, as his sisters and his
wife sat round him, all of them now busy with the “opening,” while
Violet kept the baby; “and my uncle might be security, say for three
hundred pounds. It’s a mere matter of form, you know. Perhaps they
would take him for three hundred instead of five; and Rowan and
Thomson is a very good house. I think I might go down to-morrow
and inquire.”
“It would not do—you must not think of it,” said Martha quickly.
“Why must I not think of it? I don’t believe John Buchanan is right,
Martha, about his father quarrelling with Dick for sending me away.
And, besides, how could I return there, where they all know I was
dismissed—dismissed, Martha; besides Dick’s own abuse. I could not
do it. I would rather do anything than go back;—and seventy pounds
a-year!”
“Harry, let us rather labour for you night and day.”
His face grew red and angry. “Why, Martha? I am not a child surely
that I cannot be trusted. What do you mean?”
“No,” said Martha bitterly, “you are not a child; you are a full-grown
man, with all the endowments a man needs to do something in the
world. You can constrain the will of these poor girls, who think of
you every hour they live; and you can assert your independence,
and be proud, and refuse to bear the reproof you have justly earned.
God forgive me if I am too hard; but you wear me out, Harry. When
I say you must not seek for a fatal occupation like this, have I not
cause? Do I need to descend to particulars? Would you have me
enter into detail?”
“Martha! Martha!” The trembling hand of Rose was on her arm,
anxiously restraining her; and Agnes looked up into the sullen cloud
on Harry’s face, whispering, “Do not be angry; she does not mean it,
Harry.”
“Is it because I am in your power that you taunt me, Martha?” he
said, fiercely.
Martha compressed her lips till they grew white; she did not
answer. After the first outburst, not even the cruel injustice of this
received a reply. She had herself to subdue before she could again
approach him.
And the two peacemakers, hovering between them, endeavoured,
with anxious pains, to heal the breach again. The young wife
whispered deprecatory words in Harry’s ear, while she laid her hand
on Martha: but pitiful looks were all the artillery of Rose; they
softened both the belligerents.
“I don’t care what happens to us out of the house, Martha,” said
Rose at last; “but surely we may be at peace within. There are not
so many of us in the world; we should be always friends.”
And Martha’s anger was shortlived. “I spoke rashly,” she said, with
strange humility; “let us say no more of this now.”
And there was little more said that night.
But Harry would not go to the office again to see Mr. Buchanan;
and, poor as they were, none of them desired to subject him to this
humiliation. So he went out instead the next morning to make
bootless inquiries and write bootless letters—exertions in which
there was no hope and little spirit; went out gloomily, and in gloom
returned, seeking comfort which they had not to bestow.
 But while poor Harry was idle perforce, a spasmodic industry had
fallen upon the rest. They scarcely paused to take the simple meals
of necessary life; and the pleasant hour of family talk at tea was
abridged to-night to ten minutes, sadly grudged by the eager
labourers, on whose toil alone depended now the maintenance of
the family. Little Violet stood by the table with a clean towel in her
hand, preparing, with some importance, to wash the cups and
saucers when they had finished. But Harry lingered over the table,
leaning his head on his hand, and trifling with something which lay
by him. Violet, in housewifely impatience, moved about among the
cups, and rung them against each other to rouse his attention, and
let him see he retarded her; but Harry’s mind was too much
occupied to notice that.
“Harry,” cried Agnes, rather tremulously from the inner room, “I see
Mr. Gilchrist on the road. He is coming here. What can it be?”
Harry started and put away his cup. They all became anxious and
nervous; and Agnes hastily drew her seat close to the door of the
room, that she might hear what the visitor said, though her baby,
half dressed, lay on her knee, very sleepy and impatient, and she
could not make her appearance till she had laid him in his little crib
for the night.
Thus announced, Mr. Gilchrist entered the room. He was a massy
large man, with grizzled hair, which had been reddish in his younger
days, and kindly grey eyes gleaming out from under shaggy
eyebrows. His linen was spotless; but his dress, though quite
appropriate and respectable, was not very trim; little layers of snuff
encumbered the folds of his black waistcoat; and from a steel chain
of many complicated links, attached to the large round silver watch
in his fob, hung two massy gold seals, one of them engraven with an
emphatic “J. G.” of his own, the other an inheritance from his father.
There was no mistaking the character and standing of this good and
honourable man; his father before him had been head clerk in an
extensive mercantile house in Glasgow; his sons after him might be
that, or greater than that. With his two hundred pounds a-year, he
was bringing up such a family as should hereafter do honour and
service to their country and community; and for himself, no better
citizen did his endeavour for the prosperity of the town, or prayed
with a warmer heart, “Let Glasgow flourish.”
“Harry, my man,” said Mr. Gilchrist, as he held Harry’s hand in his
own, and shook it slowly, “I am very sorry about this.”
“Well, it cannot be helped,” said Harry with a little assumed
carelessness, “we must make the best we can of it now.”
“Ay, no doubt,” said the Cashier, as he turned to shake hands with
Rose and Martha, “to sit down and brood over a misfortune, is not
the way to mend it; but it may not be so bad as you think. Angry
folk will cool down, Harry, if ye leave them to themselves a little.”
Harry’s heart began to beat high with anxiety—and Rose cast
furtive glances at Mr. Gilchrist, as she went on nervously with her
work, almost resenting Martha’s calmness. But Agnes had entered
just then from the inner room, and the kindly greeting, which the
visitor gave her, occupied another moment, during which the
excitable Harry sat on thorns, and little Violet, holding the last cup
which she had washed in her hands, polished it round and round
with her towel, turning solemn wide open eyes all the time upon this
messenger of fate.
“I have a letter from Mr. Buchanan,” said Mr. Gilchrist, drawing
slowly from his pocket a note written on the blue office paper. Harry
took it with eager fingers. Agnes came to the back of his chair, and
looked over his shoulder. Rose, trying to be very quiet, bent her
head over her work with a visible tremor, and Martha suffered the
piece of muslin she had been working at, to fall on her knee, and
looked with grave anxiety at Harry.
Round and round went the glancing tea-cup in the snowy folds of
the towel which covered Lettie’s little hands—for she too forgot what
she was doing in curious interest about this; a slight impatient
exclamation concluded the interval of breathless silence. “No, I
cannot take it—it is very kind, I daresay, of Mr. Buchanan; but I
cannot accept this,” exclaimed Harry as he handed the letter across
the table to Martha.
But the visitor saw, that in spite of Harry’s quick decision, he looked
at his sister almost as if he wished her opinion to be different. Agnes
too changed her position, and came to Martha’s side. The letter was
very short.
“Sir,
My son has informed me of the circumstances under
which you have left the office. I regret the loss for your
sake, as well as my own, but I cannot feel myself justified
in doing what I hear my son threatened to do,
consequently if you will call at the office in the course of
to-morrow, Mr. Gilchrist has instructions to pay you the full
amount of your quarter’s salary, due on the 1st proximo.
I am, Sir,
Your obedient Servant,
George Buchanan.”
“I cannot take it—I do not see how I can take it,” said Harry,
irresolutely, as he sought Martha’s eye.
“It’s nonsense, that,” said Mr. Gilchrist, taking out a large silver
snuff-box and tapping slowly on its lid, with his great forefinger, “you
must look at the thing coolly, Harry, my man. It’s no fault of yours
that you lost the money; no sensible person would blame you for
that—a thing which has happened to many a one before. I mind
very well being once robbed myself. I was a lad then, about your
years, and the sum was thirty pounds; but by good fortune twenty
of it was in an English note, and not being very sure whether it was
canny or not, I had taken its number—so off I set to all the banks
and stopped it. It was a July day, and I was new married, and had
no superabundance of notes, let alone twenty-pounders—such a
race I had,” said Mr. Gilchrist with a smile, raising his red and brown
handkerchief to his brow in sympathetic recollection, “I believe I was
a stone lighter that night. I succeeded, however, and got back my
English note very soon; but Mr. Buchanan would not hear of
deducting the other ten from my salary; and he’s better able to
stand the loss of a few pounds now than he was then. Think better
of it, Harry.”
“I think Mr. Gilchrist is right,” said Martha, “no one could possibly
blame you for such a misfortune, Harry—and Mr. Buchanan is very
good—you have no right to reject his kindness; it is as ungenerous
to turn away from a favour frankly offered, as it is to withhold more
than is meet.”
“It is very well said, Miss Muir,” said Mr. Gilchrist, contemplating the
long inscription upon the heavy chased lid of his snuff-box, with
quiet satisfaction. “I really think it would be an unkindly thing to
throw back this, which was meant for a kindness, into the hands
that offer it. He is not an ill man, George Buchanan; ’for one ye’ll get
better, there’s waur ye’ll get ten,’ as the song says; and besides,
Harry, I was young once myself, and so was my wife. I mind when
our James was in his cradle like that youngster there, we had just
little enough to come and go on; and for any pride of your own, you
must see and not scrimp your wife. Touts man, you are not going to
take ill what I say. Do you think, if I lost a quarter’s salary just now,
it would not scrimp my wife? and I think no shame of it.”
“Neither do I think shame—certainly not,” said Harry, “we have only
what we work for. But I have actually lost Mr. Buchanan’s money—I
don’t see—”
“Harry,” interrupted Mr. Gilchrist, “never mind telling me what you
don’t see—come down to the office to-morrow, and hear what Mr.
Buchanan sees—he has older eyes than you, and knows the world
better, and there’s no saying what may come of it; for you see, Mrs.
Muir,” continued the Cashier, casting down his kindly eyes again
upon the grandiloquent inscription which testified that his snuff-box
had been presented to him by young men trained in the office under
his auspices, as a token of esteem and respect, “it is wonderful what
a kindness everybody has for this lad. I myself have been missing
his laugh this whole day, and scarcely knowing what ailed me—so
maybe something better may turn up if he comes down to-morrow.”
“And Martha thinks you should go—and mind all that we have to
do, Harry,” whispered Agnes.
A glow of pleasure was on Harry’s face—he liked to be praised, and
felt in it an innocent kindly satisfaction—but still he hesitated. To go
back again among those who knew that he had been dismissed and
disgraced—to humiliate himself so far as again to recognise Dick
Buchanan as his superior—to present himself humbly before Dick
Buchanan’s father, and propitiate his favour. It was very unpalatable
to Harry, who after his own fashion had no lack of pride.
“I will see about it. I will think it over,” said Harry doubtfully.
“I think I must send our Tom to you in his red gown,” said Mr.
Gilchrist; “where he got it, I cannot say, but they tell me the lad is a
metaphysical man—if he ever gets the length to be a preacher, we
will have to send him East, I’m thinking, for metaphysics seldom
flourish here away; but now my wife will be redding me up for being
so late. Mind, Harry, I will expect to see you at the office to-
morrow.”
The good man rose to go away. “By-the-bye,” he added as he
shook hands with Rose—and Rose felt herself look guilty under his
smiling glance. “I saw a friend of yours coming off the Ayr coach as I
came up—the advocate lad, Mr. Buchanan’s nephew. You are sure of
his good word, Harry, or else I am much mistaken.”
“Mr. Charteris!—he has come back very soon. Good night Mr.
Gilchrist, I will think about it,” said Harry, as he went to the door
with his sister.
Mr. Gilchrist left some excitement behind him. Agnes had risen into
tremulous high spirits. Rose was touched with some tremor of
anticipation, and Martha, watchful and jealous, looked at her sister
now and then with scrutinising looks; for Mr. Gilchrist’s last words
had awakened Martha’s fears for another of her children; while in
the meantime little Violet had polished all the cups and saucers, and
was now putting them with much care away.
“Harry will go—do you not think he must go, Martha?” said Agnes.
“Mr. Gilchrist says they miss him in the office. I don’t wonder at that.
He will go back again, Martha?”
“I think he should—I think he will,” said Martha with a slight sigh.
“There might have been something better in a change—one has
always fantastic foolish hopes from a change—but I believe this is
best.”
Agnes was a little damped; for she saw nothing but the highest
good fortune in this unlooked-for overture of Mr. Buchanan.
Harry lingered at the outer door in a very different mood. He, too,
had been indulging in some indefinite hope from change. He could
not see that the former evils lay in himself—poor Harry! He thought
if the circumstances were altered, that happier results might follow—
and while he was not unwilling to return to his former situation, and
had even a certain pleasure in the thought that it was open to him,
the submission which it would be necessary to make, galled him
beyond measure. He stood there at the door, moody and uneasy;
not weighing his own feelings against the well-being of the family,
certainly, for Harry was not given to any such process of deliberation
—but conscious that the two were antagonistic, and moodily letting
his own painful share in the matter bulk largest in his mind.
Just then a hackney coach drew up at a little distance from the
door, and Cuthbert Charteris leaped out. He was a good deal heated,
as Harry thought, and looked as if he had taken little time to rest, or
put his dress in order since he finished his journey—but he carried
nothing except a little paper parcel. He came up at once to Harry
and shook hands with him cordially—they went upstairs together.
“I have just come from Ayr,” said Cuthbert with some
embarrassment, as he took his old place at the window—“you must
pardon my traveller’s costume, Mrs. Muir, for it is not half an hour
since I arrived.”
 “You have had little time to see the town,” said Harry. “Did you find
my uncle? Has he sent any message with you, Mr. Charteris?”
“I have a message,” said Cuthbert, clearing his throat, and
becoming flushed, “but before I deliver it, Mr. Muir, you must hear a
long preface.”
“Is my uncle ill?” exclaimed Martha. “Has anything happened?”
“Nothing has happened. He is quite well,” said Cuthbert, “only I
have been making some enquiries about your family concerns, for
which I need to excuse myself by a long story.”
Harry was still standing. He drew himself up with great hauteur,
and coldly said, “Indeed!”
Rose lifted her head for a moment with timid anxiety; the light was
beginning to fail, but Rose still sat in her corner holding the work
which at present made little progress. Martha had laid down hers.
Agnes had withdrawn to the sofa with her baby, who, already
asleep, would very soon be disposed of in the cradle; while Harry,
with unusual stateliness, leaned against the table, looking towards
Cuthbert.
“I think I mentioned before I went away,” said Charteris, “that my
errand to Ayr was connected with one of those stories of family pride
and romance and misfortune which sometimes lighten our legal
labours. This story you must let me tell you, before I can explain
how my motives for searching out these, were neither curiosity nor
impertinence.”
As Cuthbert spoke, he opened his parcel, placed the old Bible on
the table, and handed to Harry a little roll of papers. They were
formal extracts from the registers of the old church at Ayr, attested
by the session clerk, proving the marriage of Rose Allenders with
John Calder, and of Violet Calder with James Muir, together with the
register of Harry’s own birth.
Harry was quite bewildered; he turned over the papers, half
curious, half angry, and tried to look cool and haughty; but wonder
and interest defeated his pride, and impatiently calling for the
candle, which Violet, with much care, was just then bringing into the
room, Harry threw himself into the arm chair, and resting his elbows
on the table, leaned his head upon both his hands, and fixed his
eyes, with a half defiance in them, full upon Cuthbert.
The others drew near the light with interest and curiosity as great
as his; but though they held their breath while they listened, they
did not restrain their fingers—the necessity of work was too great to
be conquered by a passing wonder.
“Not much short of a century since,” said Cuthbert, becoming
excited in spite of himself, “a family in the neighbourhood of Stirling
had their composure disturbed by what seemed to them the very
foolish marriage of one of their sons. There were six sons in the
family: this one was the fourth, and at that time had very little
visible prospect of ever being heir. They were but small gentry, and I
do not very well know why they were so jealous of their gentility;
but however that might be, this marriage was followed by effects as
tragic as if the offender had been a prince’s son instead of a country
laird’s.
His father disinherited and disowned him; he was cut off from all
intercourse with his family; but in his own affairs he seems to have
been prosperous enough until his wife died. That event closed the
brighter side of life for this melancholy man. He had two daughters,
then children, and with them he left Stirling.”
A slight start moved the somewhat stiff figure of Martha; Rose
unconsciously let her work fall and turned her head towards
Cuthbert; Harry remained in the same position, fixedly gazing at
him; while Agnes, rocking the cradle gently with her foot, looked on
a little amused, a little interested, and not a little curious, wondering
what the story could mean.
“After this,” continued Cuthbert, “my hero, we suppose went to
London (another strange start as if of one half asleep, testified some
recognition, on Martha’s part, of the story), but there I lose trace of
him. It is only for a short time, however, for immediately afterwards
I find him at Ayr.”
“At Ayr?” Harry too, started now, and again turned over the papers,
which he still held in his hand, as if looking for a clue.
“In the meantime,” said Cuthbert, “all the other members of the
family are dead; there is no one remaining of the blood but this man
—the children of this man.”
“And his name?” said Martha, with a slight hoarseness in her voice.
“His name,” said Cuthbert, drawing a long breath of relief, as his
story ended, “was John Allenders.”
There was a momentary silence. They looked at each other with
bewildered faces. “What does it mean?” said Harry, becoming very
red and hot as the papers fell from his shaking fingers; “I cannot see
—it is so great a surprise—tell us what it means.”
“It means,” said Cuthbert, quickly, “that you are the heir of John
Allenders of Allenders, and of an estate which has been in the family
for centuries, worth more than four hundred pounds a year.”
Harry looked round for a moment almost unmeaningly—he was
stupified; but Agnes stole, as she always did in every emergency, to
the back of his chair, and laid her hand softly on his shoulder. It
seemed to awake him as from a dream. With one hand he grasped
hers, with the other he snatched the work from Martha’s fingers and
tossed it to the other end of the room. “Agnes! Martha!”
Poor Harry! A sob came between the two names, and his eyes were
swimming in sudden tears. He did not know what to say in the joyful
shock of this unlooked-for fortune; he could only grasp their hands
and repeat their names again.
Cuthbert rose to withdraw, feeling himself a restraint on their joy,
but Martha disengaged herself from the grasp of Harry, and would
not suffer him to move.
 “No, no; share with us the pleasure you bring. You have seen us in
trouble, stay with us now.”
“Is it true, Mr. Charteris, is it true?” said Agnes, while Harry, still
perfectly tremulous and unsteady, threw Rose’s work after Martha’s,
and shaded his eyes with his hands, lest they should see how near
weeping he was—“Tell us if it is true.”
Harry started to his feet. “True! do you think he would tell us
anything that was not true? Mr. Charteris, if they were not all better
than me, I would think it was a delusion—that neither such an
inheritance nor such a friend could come to my lot. But it’s for them
—it’s for them! and a new beginning, a new life—Martha, we shall
not be worsted this time—it is God has sent us this other battle-
field.”
And Harry, with irrestrainable emotion, lifted up his voice and wept.
His little wife clung to his shoulder, his stern sister bent over him
with such an unspeakable tenderness and yearning hope in her face,
that it became glorified with sudden beauty—and Cuthbert
remembered uncle Sandy’s thanksgiving, and himself could have
wept in sympathy for the solemn trembling of this joy; for not the
sudden wealth and ease, but the prospect of a new life it was which
called forth those tears.
“And what did my uncle say, Mr. Charteris,” said Rose, when the
tumult had in some degree subsided. No one but Rose remembered
that Cuthbert had spoken of a message from uncle Sandy.
“He bade me repeat to you a homely proverb,” said Cuthbert, who
was quite as unsteady as the rest, and had been a good deal at a
loss how to get rid of some strange drops which moistened his
eyelashes. “It takes a strong hand to hold a full cup steady; that is
the philosophy I brought from your uncle.”
“No fear,” said Harry, looking up once more with the bright clear
loveable face, which no one could frown upon. “No fear—what could
I do with my arms bound? What could I do in yon office? but now,
Martha, now!”
 And Martha once more believed and hoped, ascending out of the
depths of her dreary quietness into a very heaven. Few have ever
felt, and few could understand this glorious revulsion. With an
impatient bound she sprang out of the abyss, and scorned it with
her buoyant foot. It might not last—perhaps it could not last—but
one hour of such exulting certain hope, almost worth a lifetime’s
trial.
“And I will get a little room all to mysel, and Katie Calder will come
and sleep with me,” said Violet.
They all laughed unsteadily. It brought them down to an easier
level.
“I think, Mr. Muir you should come at once with me to Edinburgh,”
said Cuthbert, “and see your lawyer, who has been hunting for you
for some time, and get the proof and your claim established. I begin
to think it was very fortunate he broke his leg, Miss Muir—for
otherwise I might never have seen you.”
“And what made you think of us? how did you guess?” said Harry.
“Rose and Violet,” said Cuthbert, with a little shyness. “It was a
happy chance which gave these names.”
Rose drew back a little. There was something unusual, it seemed,
in Cuthbert’s pronunciation of her pretty name, for it made her
blush; and by a strange sympathy Mr. Charteris blushed too.
“When shall we start? for I suppose you will go with me to
Edinburgh,” continued Charteris.
Harry hesitated a moment. “I must go down to the office to-
morrow,” he said, with his joyous face unclouded. “Your cousin Dick
and I had something which I thought a quarrel. It was nothing but a
few angry words after all. I will go down to-morrow.”
Harry had entirely forgotten how angry he was—entirely forgotten
the insulting things Dick Buchanan said, and what a humiliation he
had felt it would be, to enter that office again. Poor Harry was
humble now. He had such a happy ease of forgetting, that he did
not feel it necessary to forgive. Bright, sanguine, overflowing with
generous emotions, Harry in his new wealth and happiness that
night could not remember that there was any one in the world other
than a friend.
end of vol. i.

LONDON:
Printed by Schulze and Co., 13, Poland Street.

FOOTNOTE:
[1]Another feminine craft peculiar to the “west
country,” where many young girls, of a class inferior to
the workers of embroidery and opening, are employed
to clip the loose threads from webs of worked muslin.

Corrections

The first line indicates the original, the second the correction.
p. 198

that Nature, in learning to make the lily, turned out the convolvolus.
that Nature, in learning to make the lily, turned out the convolvulus.

p. 213

but its postcript

but its postscript

p. 264

to make bootless nquiries

to make bootless inquiries
*** END OF THE PROJECT GUTENBERG EBOOK HARRY MUIR ***

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