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EARLY SKETCHES 
 

EAELY SKETCHES 
 
 OF 
 
 EMINENT PERSONS. 
 
 JAMES WHITESIDE, ' 
 
 (NOW LORD CHIEP^BSTICB OF IRELAND.) 
 EDITED, 
 
 WITH NOTES, 
 
 BV 
 
 WILLIAM DWYER FERGUSON, LL.D. 
 
 DUBLIN : 
 HODGES, FOSTER AND CO., 
 
 PUBLISHERS TO THE UNIVBRSITT. 
 
 LONDON: LONGMANS, GftEEN AND CO. 
 1870. 
 
%8/36, ' 
 
 DC13I.IN : rniNTED BY nOEUBT CHAPMAN. 
 
PEEFACE BY EDITOK. 
 
 The following Sketches, •written many years 
 ago,* chanced to fall in my way during the 
 last summer. I read them, probably, with a 
 peculiar interest, as the early productions of 
 a valued and distinguished friend, with whom 
 it had been my privilege to be associated, 
 in many affairs of pubHc busiaess, which were 
 to me works of cordial sympathy and hearty 
 co-operation. 
 
 The Sketches seemed worthy of being col- 
 lected, and preserved in some more permanent 
 
 * Most of the Sketches were published in an Irish periodical, "The 
 National Magazine," edited by my fellow-citizen, Philip D. Hardy, 
 Esq., one in the "Dublin University Magazine," the rest appeared in 
 English periodicals. 
 
 A 
 
VI PREFACE. 
 
 form— if for nothing else, as portraits of indi- 
 viduals, who . occupied k large space in the 
 public mind, and were, more or less, eminent 
 in their day. Some of the persons sketched — 
 such as Denman, Mackintosh, Earl Grey, and 
 Lord Plunket — have estabhshed their names in 
 the enduring record of history, and have been 
 already portrayed by other hands. Still, it 
 seemed to me not without interest to observe 
 how these men were viewed, in mid-career, by 
 a watchful student, destined afterwards to an 
 honourable career of his own. The names 
 of others — Scarlett, Wetherell, Wilde — ^are, 
 perhaps, less generally known or remembered 
 by the present generation. Others, again — 
 such as Burton and Burrowes — were men who, 
 though not absolutely in the foremost rank, 
 were amongst the most eminent and honoured 
 members of the Irish Bar ; and as they have 
 not been included in the admirable sketches of 
 Shell and Curran, the reader wiU, doubtless, 
 be glad to have their characters, as described 
 
PREFACE. Vll 
 
 in these pages, rescued from that oblivion 
 which is the ordinary -lot of all but the greatest 
 men.* 
 
 As to the intrinsic merits of the Sketches, the 
 reader will judge for himself. To me, at least, 
 they seemed hvely, natural, and -picturesque 
 representations of noteworthy characters, as 
 they presented themselves to the observation of 
 an earnest and discriminating young man. They 
 may not be samples of what we might expect 
 from the trained intelligence or matured judg- 
 ment, or enlarged experience, of a successful 
 lawyer, senator, or judge. They are to be esti- 
 mated by a different standard, and taken simply 
 as the fresh effusions of a student training him- 
 self for the battle of life, and fastening his 
 attention steadily upon men of distinguished 
 abihty and high moral excellence, as the best 
 models of imitation within his reach. 
 
 * An interestiiig memoir of Mr. Burrowes, written by W. 
 Burrowes, Esq., has been, published since these Sketches were 
 written. 
 
 A 2 
 
Vm PREFACE. 
 
 The sketch of Scarlett, as tiie skilful advocate 
 and consummate legal tactician, is happily drawn 
 by one who evidently followed him from Court 
 to Court, -^nd from Nisi Prius to Banc, with 
 searching and scrutinizing eye ; and it affords 
 a very correct estimate of the value of such 
 accompHshments as Scarlett possessed, remark- 
 able as they were, unaccompanied by profound 
 learning or sterling genius. Sir James Scarlett's 
 subsequent career, when raised to the Bench, as- 
 Lord Abinger, fairly verified the forecast of his 
 mental powers, made at a time when he was in 
 the enjoyment of an extraordinary professional 
 reputation. 
 
 Denman, represented as the most ardent, inde- 
 pendent, and eloquent member of the English 
 Bar, had not been then (in 1830) as truly appre- 
 ciated by the public as by the writer of his 
 sketch. The nobility and firmness of Tiis cha- 
 racter, as evidenced by his future conduct on 
 the Bench, were scarcely recognised or prognos- 
 ticated. 
 
PREFACE. IX 
 
 The amusing Sketch, given of Sir Charles 
 Wetherell, is valuable, as being, perhaps, the 
 only authentic record, by an eye-witnfess, of an 
 extremely eccentric, but honest, able man, whose 
 virtues and abilities exceeded his discretion and 
 tact, and who, if he had possessed the ordinary 
 pliancy of the politician, might have attained the 
 highest judicial office in England. 
 
 The name of Sir James Mackintosh recalls to 
 the mind of the scholar recollections of extensive 
 learning, instructive eloquence, and large-hearted, 
 philanthropy. The very agreeable portrait of 
 this distinguished man, was drawn before the 
 Dissertation on the progress of Ethical Philo- 
 sophy had been in the hands of the general 
 pubUc — a work by which his already great 
 reputation has been so much enlarged. Mr. 
 Whiteside was too young to have Hstened to the 
 lectures on the law of nature and of nations, 
 which attracted and dehghted Mr. Pitt, Mr. 
 Percival, and others of the statesmen of that 
 period. But he had, doubtless, studied and 
 
X PREFACE. 
 
 admired the beautiful introductory essay, wMcli 
 is all that remains of these»lectures ; and it was 
 his good fortune, afterwards to meet the writer 
 face to face at the London University, to which 
 Mackintosh sometimes resorted, to hear the 
 lectures of his friend. Professor Amos,* deli- 
 vered to the first law class that assembled at that 
 institution. Jkrnongst the students were some 
 few Irishmen, including the Ex-Chancellor, Sir 
 Joseph Napier, and Mr. Whiteside ; and they, 
 doubtless, watched the benevolent countenance 
 of the " old man eloquent," followed his steps to 
 the House of Commons, and hstened with atten- 
 tive ears to his unanswerable arguments in favour 
 of the abolition of the punishment of death for 
 
 * Professor Amos was the friend of Brougham, Demnan, and 
 Mackintosh. He had been a Fellow of Trinity, and Downing 
 Professor of Laws in the TJniversity of Cambridge, and after- 
 wards in the University of London, and subsequently he succeeded 
 Lord Macaulay as a Member of the Supreme Council of India. On 
 his return from India, he published a curious book, entitled " The 
 Ruins of Time, exemplified in Sir Matthew Hale's History of the 
 Pleas of the Crown." He translated into EngUsh "Forteseue de 
 laudibus legum Anglise," with valuable notes on constitutional 
 subjects. 
 
PEEFACE. _ XI 
 
 secondary crimes, such as forgery ; and one of 
 these young men has given his warm impressions 
 of what he saw and heard ia language frank and 
 cordial. It afterwards happened to become his 
 duty, when Attorney-General for Ireland, in 
 1858, to submit to Parhament measures of the 
 same kind as . those which were the objects of 
 Mackintosh's Hfe and dearest wishes — namely, 
 for the amendment of the Criminal Law, and 
 with a view that England and Ireland should be 
 governed by the same laws, and the. severity 
 of the law of Ireland, in certain cases of capital 
 felony, mitigated to the more merciful standard 
 of the law of England.* 
 
 The characters of Earl Grey and Lord 
 DenxQan are drawn with great justice ; and, I 
 may addj with no small ~ degree of generosity of 
 sentiment, towards men belonging to a different 
 school of pohtics from that of the writer. That 
 of Lord Plunket was written at the time when 
 
 * See Criminal Law Consolidation Acts, 24 and 25 Vict. ; edited by 
 P. C. Greaves, Esq., Q. C. 
 
xil PREFACE. 
 
 his elevation to the office of Lord Chancellor 
 was sharply criticised, and held up as an insult 
 to the Protestant party and a triumph to the 
 Eoman CathoHcs, of whom he had been the 
 foremost champion ; and if is to the credit of a 
 young man, to have so early emancipated him- 
 self from the narrow prejudices of class and 
 party, which were so rife and rampant in 
 Ireland at the time. I have ventured to add, 
 by way of notes, to this sketch of Lord Plunket, 
 something regarding his judicial career, which 
 had only commenced when the sketch was 
 written ; and, if truth and justice have withheld 
 me from according to it the exaggerated praise 
 bestowed by others,! trust that there are few 
 Irishmen who appreciate more highly than I do, 
 Lord Plunket's manly and lofty independence of 
 character, the sagacity and moderation of his 
 conduct, or the remarkable eloquence of his 
 speeches in Parhament and at the Bar. 
 
 The sketch of Mr. Peter Burrowes is some- 
 what of a different nature from . the others. 
 
PREFACE. XUl 
 
 A warmer and more tender sentiment pervades 
 it, derived, doubtless, from personal recollections 
 of, and familiar intercourse with, the kindly old 
 man, whose memory was stored with traditions 
 of the stormy times of the Irish rebellion, and 
 particularly of the romantic history of Eobert 
 Emmet. Mr. Burrowes was himself a venerable 
 and interesting relic of the last days of the old 
 Irish Parliament. 
 
 The writer's treatment of Mr. Justice Burton, 
 and the. conception and estimate of his charac- 
 ter, I confess, has interested me more than his 
 treatment of any other person described. Judge 
 Burton happened to be the only one of the 
 subjects of the sketches, who had come under 
 my personal observation. At the time I speak 
 of (1840), he had nearly run his course ; but, 
 from . reading his. reported judgments, and ob- 
 serving his calm, courteous, and dignified de- 
 meanouj" on the Bench, I was more favourably 
 impressed by him than by any pubhc character 
 of the time. 
 
XIV PREFACE. 
 
 All the other sketches in this volume were 
 written by a student at chambers ; that of Mr. 
 Justice Burton was drawn by a barrister, who 
 had gone the circuit on which Burton happened 
 to be the presiding judge, once or twice. That 
 circuit (the Cbnnaught) was then, as it was in 
 later years, when I had the honour to belong , to 
 it, very closely preserved ; and, probably, the 
 impartial dispensers of circuit briefs may have 
 afforded Mr. Whiteside, before he betook himself 
 to the more open and enlarged field of the North- 
 East Circuit, sufficient leisure to study Judge 
 Burton on the Bench ; and the sketch drawn is 
 a remarkably interesting one — one which those 
 who knew the subject of it, will recognize and 
 appreciate, as a faithful portrait of a learned and 
 upright judge, who was an ornament to the Irish 
 Bench, and whose character and example, it is 
 hoped, wiU not soon be forgotten. The writer, 
 in contemplating and portraying Mr, Justice 
 Burton, has set forward a high standard of 
 judicial excellence. I have ventured, with deep 
 
PREFACE. xy 
 
 feelings of respect foT the office of a judge, 
 and a lively concern for the welfare of the 
 Bar, to notice circumstances in recent times, 
 which, appear to me, unfavourable to the main- 
 tenance of this high standard ; and I doubt not 
 that every thoughtful reader, will concur in 
 deploring as almost a public calamity, any com- 
 bination of events by which the independent 
 spirit, high moral tone, and character for quiet 
 perseverance and learning of the honourable 
 profession of the Bar, shall be lowered, in 
 order to meet the supposed exigencies of Govern- 
 ment by party. 
 
 Of the last sketch, " The Irish Exchequer as 
 it was in 1829," it should be stated that, though 
 latest in its order here, it was the earhest in com- 
 position, and, accordingly, it partakes more of 
 the light and hvely characteristics of the young 
 student, than the more sober and reflective 
 sketches that precede it. 
 
 I have collected these Sketches, as an exercise 
 of friendly interest and personal gratification, but 
 
XVI, PEEFACE. ' 
 
 not without hopes that they may be agreeable 
 and instructive to others f and especially to the 
 student of the law, who, entering on the difficult 
 path of professional life, may entertain feelings 
 possibly akin to envy, when regarding men emi- 
 nent in this day, and occupying high position, 
 whom he may consider to be the last of fortune's 
 favoured children ; but in respect of whom, if 
 he could but unroU the record of time, and look 
 back upon their student hfe — their painstaking 
 and self-denying labours— their careful and 
 anxious pursuit of every opportunity to train 
 their minds and store their memories with the 
 examples and the wisdom of the best men of 
 their time,' and of antiquity — he might learn the 
 lesson of how much of a man's destiny is com- 
 mitted to his own keeping, and that fortune's 
 favourites attain less of the good things of this 
 life, than indolence and self-indulgent ease are apt 
 to lead people to suppose. 
 
 In discharging the duty of an editor, I have 
 endeavoured to supply, by way of notes, such 
 
PREFACE. XVll 
 
 information as may be n,ecessary, to connect the 
 narrative of the Sketches^ with the subsequent 
 events in the history of the individuals men- 
 tioned. In doing so, it is scarcely necessary to 
 say that I am exclusively responsible for every, 
 thing contained in the Notes. I only hope that 
 they may not be found, by their dulness, to 
 spoil the effect of the animated Sketches to 
 which they are attached. 
 
 48, MOUNTJOY-SQUARE. 
 
 _ 3lst May, 1870. 
 
CONTENTS, 
 
 Page 
 
 1. Sir Jaues Scarlett (Lord Abinger), . . . . l 
 
 2. Mr. Denuan (Lord Denman), 21 
 
 3. Sir Charles Wbthereix, i6 
 
 4. Sib Jahes Mackimtosb 77 
 
 5. Earl Grey, 110 
 
 6. Mr. Sergeant Wilde (Lord Truro), . . .135 
 
 7. Lord Plunket, 157 
 
 8. Mb. Peter Burroves 212 
 
 9. Mr. Justice Burton 238 
 
 10. The Irish Exchequer as it was in 1829, . . . 268 
 
ERRATA. 
 
 Page 60, line 6, omit "for." 
 
 154, „ 17, instead of "quandam" read "quondam.' 
 
EARLY SKETCHES. 
 
 SIR JAMES SCARLETT, 
 
 (lord abingeb), 
 
 Mwch, 1830. 
 
 It is a difficult task to pourtray a character like that 
 of the English Attorney-General, presenting nothing 
 striking or uncommon, none of those lofty attributes 
 which single out an individual from other men, and 
 hand him down to posterity and fame. There is no 
 prominent feature in Scarlett's character, which you can 
 lay hold of, — like a smooth and polished globe it eludes 
 your grasp ; perhaps I am wrong, and many, doubtless, 
 will be ready to exclaim : " impossible that he could have 
 attained such professional eminence without the aid of 
 high abilities and extensive learning" — this is worth 
 
 B 
 
Z SIK JAMES SCARLETT. 
 
 investigation. To me the most remarkable circum- 
 stance concerning the gentleman in question is, that 
 there seems to be nothing remarkable about him. What- 
 ever merit he possesses lies in this, that he has reached 
 the top of an arduous profession, without appearing to 
 take the slightest trouble about the matter. 
 
 Anxious to see and hear the man who succeeded 
 Erskine as leader in the King's Bench, I ' paid an early- 
 visit to that court. In the centre of the seat appro- 
 priated to King's Counsel, behind a pile of briefs, sat 
 Mr. Scarlett, a portly, comfortable-looking personage 
 with a red face, who seemed to live well and to have 
 a keen relish for all the good things of this world — an 
 admirable subject for an alderman, but exhibiting not 
 the slightest symptom of that lassitude and debility 
 which not unfrequently results from laborious occu- 
 pation, or from long and painful study. It would be 
 impossible to place in juxta position two individuals 
 more dissimilar in mind and person, than Messrs. 
 Brougham and Scarlett ; the former looks, and generally 
 is, buried in profound thought, and is, moreover, as 
 thin as though he lived on the oaten cakes of his own 
 dear Scotland, while the Attorney-Generars plump and 
 ruddy cheeks, amply testify that he has shared in the 
 luxuries of London, and afford ground for inferring 
 
sill JAMES SCARLETT. ■ 6 
 
 that he is one of those easy-minded individuals who 
 have never thought long or deeply on any subject. I 
 watched hini attentively — he had a' brief in every 
 motion — with self-possession bordering on noncha- 
 lance, with a subdued tone, and in an easy colloquial, 
 and rather familiar manner, he addressed the Court, 
 obtained what he wanted, opened another brief, and so 
 on, till he got through the entire bundle, and when he 
 had concluded, looked just as fresh as when he began, 
 I confess I then thought him a very common-place sort 
 of person, and was astonished that this was the man 
 deemed fit to succeed Erskine, and as some said to 
 eclipse him. I felt indignant at the idea of a compari- 
 son so derogatory to that great man ; but then, thought 
 I, this is term — the business of which requires legal 
 argument, and practical knowledge, but affords no 
 scope for the display of brilliant eloquence and wit, or 
 of those shining qualities of mind, the exertion of which 
 trials at Nisi Prius more frequently and appropriately 
 elicit and require. Throughout term, however, Scarlett 
 was, as I have endeavoured to describe, going through 
 his vast business without the slightest bustle or con- 
 fusion, stating facts and dates, and citing cases with 
 marvellous accuracy. ' His eyes constitute the only 
 ■ peculiarity in his features, they are small and sharp, 
 * B 2 
 
SIR JAMES SCARLETT. 
 
 never more than half open, and in a perpetual twinkle. 
 These are lawyer's eyes, quick and knowing; and these, 
 the subject of this sketch, transfers with infinite address, 
 from the cosy Justice Park from one end of the bench 
 to Justice Bayley, cast by nature into a lawyer, at the 
 other ; with these wincing eyes he reads the well-known 
 countenances of the judges, anticipates every objection, 
 and meets Justice Bayley half way with volume, case, 
 and page. Justice Littledale, when he has finished his 
 little bag of dry toast, sometimes ventures upon a gentle 
 admonition, suggesting his modest opinion in a quiet, 
 unpretending way, while Lord Tenterden rarely inter- 
 rupts "Sir James" in the progress of his argument, 
 but listens with complacency and aUention. 
 
 When the ■ sittings at Nisi Prius commenced, I 
 frequented the King's Bench, and had ample oppor- 
 tunity of observing the habits and peculiarities of this 
 wily advocate. The extent of his practice in this 
 branch of his profession is enormous; the labour, also, 
 of senior counsel in Westminster, in each individual 
 case, is infinitely greater than in Dublin; the leader 
 accomplishes every thing— states the case, examines, 
 cross-examines, and finally speaks to evidence; a junior 
 can find no opportunity to show off ; he may open the 
 pleadings or suggest a case in point to his leader in a 
 
SIR JAMES SCARLETT. 5 
 
 modest whisper, and there his display must end. At 
 first I was almost disgusted at the uniformity of 
 Scarlett's manner. He seemed inacapble of excitement 
 — breach of promise, seduction, defamation, assault, 
 insurance, and bills of exchange, succeeded one another, 
 and were by him disposed of in the same easy manner ; 
 he never either rose or sank — never employed a 
 passionate expression — never evinced the slightest 
 emotion — never indulged in tenderness of speech — 
 never attempted to stir the sympathies, or reach the 
 hearts of jurors, yet, strange to say, he invariably 
 obtained large damages. Thenceforward I admired 
 him as a skilful and successful advocate ; my admira- 
 tion was confirmed by contrasting him with his legal 
 brethren. Denman and Brougham are staggered by a 
 point of law, and will at times come to a full stop from 
 a break in their evidence — even the eagle-eyed Gurney 
 fails in the management of a rotten case, from a too 
 palpable anxiety and a suspicious earnestness. In cases 
 of such a description it is, that Scarlett stands unrivalled, 
 not only among his contemporaries, but I honestly 
 believe, above all the lawyers that ever lived. Nothing 
 can disconcert him even for an instant, no unlucky 
 accident disturbs, no unexpected evidence discourages 
 him ; the presence of mind he displays on these critical 
 
6 SIR JAMES SCARLETT. 
 
 occasions is truly wonderful. By an uninitiated 
 spectator his tact is neither seen nor understood, 
 simply because it is the very consummation of art; 
 but the attornies understand it — they know full well, 
 that where any other man would meet a nonsuit, Scarlett 
 will gain a verdict. He treads on dangerous ground 
 with softness, and handles every fact with Jesuitical 
 dexterity. In the mildest manner, and with his pro- 
 fessional smile, he assures his lordship that his learned 
 friend, Mr. Brougham, is totally mistaken with respect 
 to the case cited from Barnewall and Creswell. Lord 
 Tenderden doubts Sir James's law — he gently perse- 
 veres, and having at last persuaded that most learned 
 and honest judge that there is a question to go to the 
 jury, his triumph is Complete. He has got over the 
 scruples of the judge-^— the scruples of the jury he can 
 easily satisfy. He coils himself into the details of his 
 case — explains just what he thinks necessary for the 
 jury to know — glosses over all the rest — anticipates their 
 verdict, because " he well knows they are rational, sober- 
 minded men " — communes with them as an old friend, 
 in the most unembarrassed strain imaginable ; and they, 
 imposed upon by the plausibility and apparent frankness 
 of his manner, find according as he bids them. No 
 one who has formed his notions of a Nisi Prius lawyer 
 
SIR JAMES SCARLETT. 7 
 
 on the model of Wallace, O'Connell, or Goold, can 
 have a conception of Scarlett. Take the opposite of 
 Goold in every particular, and it might give you some 
 slight idea of his manner. He is sly and calm as Goold 
 is loud and overbearing. How our lawyers do shout 
 and storm at a witness — this may sometimes do in 
 Ireland ; but I am convinced Scarlett's method is 
 infinitely more efiicacious. He throws a witness com- 
 pletely off his guard by his mildness — ^elicits all his 
 case requires, and not a scintilla more. In his replies 
 he excels; it is here the sagacity and craft of the 
 lawyer produce the most decisive efiect. He culls out, 
 on the moment, all that is material, from the confused 
 evidence of a host of witnesses, never wading through 
 wearisome and useless details ; he converts suspicions 
 into certainties, and connects every the minutest circum- 
 stance which can illustrate or assist his case, evincing 
 a tenacity of memory which is perfectly surprising. 
 His action is peculiar ; he never gesticulates, nor does 
 he excite clouds of dust by striking the table with 
 vehemence and fury. He employs his right hand in a 
 little circle, never extending his arm to its full length, 
 as ever and anon he beckons the jury with two fingers, 
 as if he wished to speak with them behind the door. 
 Such I have observed to be his invariable action. Now 
 
8 SIR JAMES SCARLETT. 
 
 that I have endeavoured to enumerate those qualities, 
 which he does possess, I ought to mention those which 
 he does not. Well, then — he has neither fire, nor 
 energy, nor eloquence, nor passion, nor wit, nor humour, 
 nor pathos. His excellence consists, in tact in the ma- 
 nagement of causes. It is vain to expect from Scarlett 
 a single observation calculated to instruct the under- 
 standing, to delight the fancy, or to touch the heart. 
 Even though the subjects admitted, he could not 
 indulge in wide, enlightened, or philosophical reflec- 
 tion. He thinks — he can think only of plaintiff and 
 defendant; he wants a verdict, and nothing but a 
 verdict. He is eternally the same; his sympathies 
 seem deadened within him ; the misfortunes and suf- 
 ferings of his client cannot divert him from his accus- 
 tomed course; the exposure of unexampled villainy 
 cannot fire him with honest indignation. He is a com- 
 position of art — there is nothing natural about him. 
 His voice is measured within a certain compass, his 
 action tutored; and sooner might one expect melo- 
 dious music from an owl than an ebullition of natural 
 feeling from the lips of Scarlett. 
 
 I attended the trials concerning the liberty of the press, 
 of which the Attorney-General would needs be thought 
 a zealous defender, imagining that, possibly, on such an 
 
Sm JAMES SCAELETT. 9 
 
 occasion I might hear something eloquent and luminous ; 
 but no, the opening speech, as a piece of oratory, was 
 thin and feeble, delivered in the usual soft and unimpas- 
 sioned tone. The only difference perceptible in his 
 manner was, that it had increased in arrogant fami- 
 liarity with the jury. He gave them to understand 
 that their verdict was expected. His reply to Mr. 
 Alexan(|er's defence was cold and unfeeling, and I own 
 I could hardly repress the indignation I felt, when I 
 heard such a man venturing to confess his hostility to the 
 press, and avowing his determination to regulate it in 
 all its branches, periodical and otherwise. What would 
 I have given for the fire and genius of a Curran, to 
 uphold the dignity of the press, and strike terror into 
 the heart of the Whig and Tory Attorney-General! 
 Mr. Alexander was most injudicious in undertaking his 
 own defence. He wanted both the talent and judg- 
 ment requisite for so arduous a task. Why did he not 
 commit his case to Denman, the most ardent, indepen- 
 dent, and eloquent member of the English Bar? He 
 must dislike Scarlett, because it is natural for generous 
 and unsuspecting natures to dislike their opposites. 
 
 On that libel for calling Wellington a dangerous 
 minister, which is the case to which I especially allude, 
 where the jury showed by their qualified verdict that 
 
10 SIR JAMES SCARLETT. 
 
 they were disinclined to convict, Denman would have 
 triumphed over his sneering adversary; his manly 
 eloquence would have warmed the hearts of the 
 coldest of his hearers; his ardent spirit would have 
 communicated to the jury a portion of its own fire, as 
 he would have declaimed in defence of the dearest 
 rights and privileges of Englishmen. Sir James is an 
 old hand at prosecutions against the press. He won 
 unfading laurels as Attorney-General for the Bishop of 
 Durham, in the prosecution of Ambrose Williams for a 
 libel. His speech then was prefaced with a similar 
 exordium to that delivered in Alexander's case, in praise 
 of a well-regulated press ; but Williams was lucky in 
 having secured the splendid talents of Brougham, by 
 whom he was gloriously defended. His was a tre- 
 mendous speech ; he crushed Scarlett, and poured out a 
 tempest of sarcasm such as never before fell from the 
 lips of man. I would strenuously advise all who wish 
 to form a correct opinion of the merits and abilities of 
 these two eminent persons to read the report of that 
 interesting trial. A single passage from Brouwham's 
 speech, in reply to Scarlett's hollow panegyric on the 
 
 blessings of temperate discussion, will be forgiven : 
 
 " Far from my learned friend is it to impugn those 
 rights in the abstract ; nor, indeed, have I ever yet 
 
SIK JAMES SCAKLETT. 11 
 
 heard a prosecutor for libel— an Attorney-General (and 
 I have seen a good many in my time), whether of our 
 Lord the King or of our Lord of Durham, who, while 
 in the act of crushing everything like unfettered dis- 
 cussion, did not preface his address to the . jury with 
 ' God forbid that the fullest inquiry should not be 
 allowed ;' but, then, the admission had invariably a con- 
 dition following close behind, which entirely retracted 
 the concession ; provided always the discussion be 
 carried on harmlessly, temperately, calmly — that is to 
 say, in such a manner as to leave the subject un- 
 touched and the reader unmoved — to satisfy the public 
 prosecutor, and to please the persons attacked." 
 
 The highest and only praise then, which can be given 
 to the subject of this sketch is, that of being a consum- 
 mate legal tactician. Outside Westminster Hall, he is 
 a mere nobody. While the other great lawyers of the 
 day, after discharging zealously their duty to their 
 clients,- hasten^to discharge the still higher duty they 
 have imposed upon themselves towards the public and 
 mankind, Scarlett posts away to chambers to count his 
 guineas and to hug his briefs. As a parliamentary 
 speaker, he is common-place ; his artificial habits totally 
 unfitting him for a popular assembly. Were I in his 
 situation, I would avoid the House of Commons: his 
 
12 SIR JAMES SCARLETT. 
 
 must be a seat of thorns ; every night does some one of 
 his old political friends criticise his conduct. In the 
 debate on the Address, Mr. Protheroe, sitting in his 
 seat, gave him a heavy hit — the example has been fol- 
 lowed. Sir F. Burdett demolished his old friend and 
 defender; this was the unkindest cut of all, and it 
 affected him so sensibly, that when he stood up to re- 
 ply, his voice, they say, faltered, and he had like to cry. 
 Mr. Hume, too, loudly protested, " that he saw no use 
 now in being a member of parliament, save that a man 
 might speak his sentiments safe from the fangs of the 
 Attorney-General." Poor Scarlett ! it is somewhat un- 
 fortunate for him that his speech on behalf of Sir F. 
 Burdett, should remain still on record, in which he de- 
 nounced with so much honest indignation, the law of 
 libel, and inveighed against the flagitious proceedings 
 by which that seditious baronet was subjected to such 
 dangerous penalties. The debate which must arise on 
 Sir C. Wetherell's motion, will, doubtless, afford the 
 Attorney-General much sincere pleasure in giving him 
 an opportunity of reconciling those little inconsis- 
 tencies, which ill-natured people fancy they have dis- 
 covered in his character. I should mention, that on one 
 occasion, in the House of Commons, Sir J. Scarlett was 
 betrayed into the manifestation of strong feeling, and 
 
SIR JAMES SCARLETT. 13 
 
 into the manly avowal of bold opinions. This singular- 
 phenomenon occurred in the debate on the motion rela- 
 Uve to the Chancellor's attack on Mr. Abercrombie, 
 " He was (says a periodical of that day) then surprised 
 into his own original nature, and forgetting the mea- 
 sured compass of his long adopted voice and manner, 
 spoke out in a broad northern accent, and told daring 
 truths which astonished the House. It is not thus, how- 
 ever that he wins verdicts, and compels the court to 
 grant rules to show cause." Let him have every merit 
 for his spirited conduct in this instance ; and let his 
 admirers inscribe his speech in letters of gold; for 
 excepting this singular effort, I am not aware of his 
 having written or spoken a sentence on any subject, 
 legal or political, on which, in ten years hence, memory 
 would delight to dwell. 
 
 His legal knowledge is more practical than profound ; 
 he possesses more of the tact of the advocate than the 
 deep learning of the lawyer. A comical incident oc- 
 curred half a dozen years back. A report was spread 
 abroad that Scarlett was dead : all the papers of the day 
 published characters of the deceased lawyer, which coin- 
 cided to a remarkable degree in setting him down as .a 
 man of no genius, but of industrious habits and middling 
 talents. The lawyer lived, however, to frighten his 
 
14 SIR JAMES SCARLETT. 
 
 enemies into tetter manners ; and, doubtless, the gentle- 
 men of the press will ask twice the next time, before 
 they credit such afflicting intelligence. As to his chance 
 of , being remembered twenty years hence, it is not 
 impossible that some diligent book-maker, in rummag- 
 ing among the Rules of Court, or a still more laborious 
 law student, condemned to wade through the never- 
 ending volumes of Barnewall and Cresswell's Reports, 
 may discover that there existed in these times a lawyer 
 who moved many motions, that he became Attorney- 
 General, and that his name was Scarlett. 
 
 NOTE BY EDITOE. 
 
 April, 1870. 
 
 Sir James Scarlett was appointed Chief Baron of 
 the Exchequer in England, 1834 : created Baron 
 Abinger in January, 1835 ; and died 7th of April, 
 1844, aged 75 years. From his tact in managing 
 juries, he acquired the epithets of the "Verdict 
 Getter," and the " Thirteenth Juryman." His prac- 
 tice, mainly at Nisi Prius, produced an income stated 
 to have been over £17,000 per annum. 
 
 Sir James's knowledge of law was superficial rather 
 
NOTE BY EDITOK. 15 
 
 than solid. Born of wealthy parents, he wanted in the 
 early period of life that wholesome stimulus to exertion 
 which men of more moderate fortune usually feel and 
 profit hy, and unhappily for his fame he neglected the 
 golden opportunity of youth and leisure to store his 
 mind with an enlarged knowledge of the principles of 
 jurisprudence ; nevertheless, his marvellous tact and 
 sagacity, and shrewd sterling common sense, in a great 
 degree covered, if they did not compensate his defects. 
 As a judge, the verdict this great "Verdict Getter" 
 has himself got from posterity is, Far negotiis neque 
 supra. " He presided in the Court of Exchequer for 
 nine years without any particular distinction, and di^d 
 on circuit in the discharge of the duties of his office." 
 Sir James Scarlett entered Parliament in 1818, as 
 member for Peterborough, a Whig borough, in the 
 nomination of Earl Fitzwilliam. In 1827, when a 
 section of the old Tory party diverged towards a more 
 liberal policy, and ventured to advocate the concession 
 of the " Catholic claims,'' Sir James was invited to 
 join and became Attorney-General in the administra- 
 tion of George Canning. Scarlett, on this account, 
 like Lord Plunket, has been sometimes charged, un- 
 justly, as I think, with political tergiversation, more 
 particularly by Lord Brougham, at whose strong 
 
16 SIR JAMES SCARLETT. 
 
 recommendation the step was taken, according to Lord 
 Campbell* Canning, no floubt, had emerged from a 
 Tory Cabinet and brought with him such men as 
 Huskisson, Peel, and Copley (Lord Lyndhurst), but by 
 the Tory party generally, and the Duke of Wellington 
 their chief, he was regarded with suspicion, and notwith- 
 standing his acknowledged eloquence and transcend- 
 ent genius, described as a political adventurer. The 
 only Government which Canning could have formed 
 was of a composite character, consisting mainly &f 
 moderate Whigs, like Lords Anglesea, Lansdowne, 
 and Goderich, and Mr. Lambe, afterwards Lord 
 Melbourne. To such a Government Mr. Scarlett was 
 not a disloyal or deserting ally. 
 
 Canning's administration had but a short— less than 
 four months' — span, when the brilliant orator and states- 
 man sank prematurely into the grave in the zenith of 
 his fame. The advocate of Catholic Emancipation, 
 Commercial Reform, a more generous foreign policy, 
 he was yet averse from change in the constitutional 
 distribution of power. He was, in fact, the founder 
 of the party and policy developed by Peel, under the 
 name of Conservatism. The Tory historian. Sir 
 
 * Campbell's Life of Lord Brougham, p. 353. 
 
NOTE BV KDITOE. 17 
 
 Archibald Alison, says of him* :^" He was essentially 
 conservative and national in his feelings, and that was 
 the secret of his otherwise in.c'onsistent career." If 
 we consider Sir James Scarlett, then, as a follower of 
 Canning, we niay understand how, from a moderate 
 Whig of 1820, he may have naturally developed into 
 a Conserva,tive of the school of Peel in 1830. As it 
 was, he was more loyal to the Whigs than most of his 
 colleagues. When Lord Goderich resigned, after his 
 short and effete administration, to make way for the 
 Duke of Wellington, the Canning party generally, 
 including Lord Palmerston, retained their places, but 
 Scarlett resigned, and was succeeded by Sir Charles 
 Wetherell. Why he resigned is not stated ; but it was 
 probably because the policy of the new Government 
 was not favourable to the concession of the Catholic 
 claims. In the following year, 1829, when the Duke 
 of Wellington changed his front, and went in for 
 Catholic Emancipation, the then Attorney-General, Sir 
 Charles Wetherell, refusing to support it, was fain to 
 retire, and Sir James Scarlett was naturally restored to . 
 office as Attorney-General. In the November of 1830 
 the Duke of Wellington himself resigned. Sir James 
 followed the fortunes of his chief, and retired to make 
 
 * Alison's History, continuation, vol. iii. p. 88. 
 
18 SIE JAMES SCARLETT. 
 
 place for Mr. Denman ; and on the next return of the 
 Conservatives to oiEce, und^r Sir Robert Peel, in 1834, 
 was promoted to the office of Chief Baron of the 
 Exchequer, in room of Lord Lyndhurst, made Chan- 
 cellor. Lord Campbell tells us* that Lord Brougham 
 endeavoured to oust Sir James Scarlett of his promotiou, 
 by offering to accept the office and discharge the. duties 
 of Chief Baron, without any salary beyond his pension 
 as Ex-Chancellor, imagining that thereby he and Lord 
 Lyndhurst would alternately succeed each other and 
 exchange offices, as Chancellor and Chief Baron, during 
 their lives, as often as their parties were respectively 
 in office or in opposition. Lord Lyndhurst laughed at 
 the proposal as absurd, and put Lord Brougham off 
 with an evasive answer ;• and the offer was thereupon 
 withdrawn. 
 
 If Sir James Scarlett's judicial career was not bril- 
 liant, neither can his parliamentary career be regarded 
 as a great success. He spoke seldom, and not effec- 
 tively. In the House of Commons, as the friend of 
 Mackintosh, he gave a sincere and hearty support to 
 his noble efforts towards the reform of the criminal 
 law. When removed to the House of Lords, as 
 Lord Abinger, he supported Lords Brougham and 
 * Life of Lord Brougham, .p. 460. 
 
NOTE BY EDITOR. 19 
 
 Denman in their legal reforms ; but, as an origina- 
 tor, his capacity, or his ambition, was small. His most 
 important parliamentary exploit is commemorated by 
 Sidney Smith's lively article in the Edinburgh Review 
 (1821), on " Scarlett's Poor Bill." The object of 
 the bill was to make the poor absolutely irremov- 
 able. The probable effects of the bill are humorously 
 described by the witty Canon : — " If his bill had passed 
 — he' could not have passed — his postchaise in the 
 Northern Circuit would have been impeded by the 
 crowds of houseless villagers, driven from their cot- 
 tages by landlords rendered merciless by the bill. In 
 the ^ mud — all in the mud — (for such cases made and 
 provided) would have been rolled this most excellent 
 counsellor. Instigated by the devil and their own 
 malicious purposes, his big wig they would have pol- 
 luted, and tossed to a thousand winds the parchment 
 bickerings of Doe and Roe." 
 
 Sydney Smith, notwithstanding, concludes his article 
 with a very warm eulogium on Mr. Scarlett, as the 
 greatest advocate, perhaps, of his day — one who had 
 never carried his soul to the Treasury, and said, " What 
 will you give me for this? — as one who never touched 
 the political Aceldama, and signed the devil's bond for 
 cursing to-morrow what he had blessed to-day — as 
 § c 2 
 
20 SIR JAMES SCARLETT. 
 
 one who had cast honour upon his honourable pro- 
 fession, and had sought dignity, not from the ermine 
 and the mace, but from a straight path and a spotless 
 life." 
 
 But this was written in 1821. Were the article to 
 have been written in 1830 (the date of the foregoing 
 sketch by Mr. Whiteside), when Sir James had become 
 Attorney-General under the Duke of Wellington, or in 
 1834, when he had accepted the ermine and the mace 
 at the hands of Sir Robert Peel, Sydney Smith possibly 
 might have included his honourable friend in his 
 amusing catalogue of " Modern Changes" — so precari- 
 ous is the reputation of public men ! 
 
MR. DENMAN, 
 
 (lokd denhan). 
 
 * Jane, 1830. 
 
 The mere bustling lawyer and the factious partizan 
 are alike undeserving of notice ; the man must be pos- 
 sessed of redeeming qualities, blessed vdth high talents, 
 and warmed with generous feelings, nay more, he ought 
 to have effected something towards the moral improve- 
 ment and advantage of his fellow men, to warrant his 
 being made the subject of honest and unexaggerated 
 panegyric. I not only disclaim the notion of sketching 
 every noisy advocate of the English Bar, I condemn the 
 practice. Let the uproarious Nisi Prius barrister, who 
 has nothing to recommend him save the vigour of Ms 
 lungs, move on undisturbed, the glory of his narrow 
 and noisy sphere — the idol of the lovers of loudness 
 and confusion, and the veneration of fee-giving attor- 
 neys, by whom alone his boisterous wit will be re- 
 spected, and his pert sayings had in remembrance. 
 
22 ME. DENMAN. 
 
 Temptations beset the path of the lawyer of talent 
 which are but too difficult, to resist, and wealth and 
 power are unhappily too often the reward of sycophancy 
 and apostasy : lawyers are not unfrequently found to 
 be of easy virtue and grasping desires ; and memorable 
 examples teach us that learning and subserviency may 
 be united in the same person; we experience conse- 
 quently the greater delight in contemplating the cha- 
 racter of a lawyer in whom learning and honesty, talent 
 and virtue, are happily blended together, conducting 
 their possessor, by so rare a union, through his public 
 life without spot or blemish, and free from the slightest 
 shadow of imputation on his private character. Such 
 is the enviable condition of the subject of this sketch 
 who perhaps has endured less of the reproaches of his 
 fellow countrymen, and gained more of their respect 
 and love, than has fallen to the lot of any individual 
 who has taken so prominent a part in the remarkable 
 events of modern times. 
 
 Mr. Denman is the son of Doctor Denman, one of the 
 most eminent and learned physicians of his time; from 
 Eton the subject of this sketch was sent to Cambridge, 
 where he was not greatly distinguished for his mathe- 
 matical attainments ; he bears the character of being an 
 excellent Etonian scholar however, well read in Greek 
 
MR. DENMAN. 23 
 
 and Latin authors,' one who can repeat odes of Horace 
 with as much facility as Sir James Scarlett can cite cases. 
 The professional career of Mr. Denman has been suc- 
 cessful, his name has been long before the public. But 
 although he may have acquired practice considerable 
 for a young barrister, I apprehend that of late years, it 
 has not increased in proportion to his standing and 
 experience : for this a good reason is assigned, his mind 
 is neither so technical nor so subtle as that of 
 Scarlett, it is not so powerful or comprehensive as that 
 of Brougham, and perhaps a better reason still is that 
 he has none of those little engagimg ways, which by 
 some men have been found more useful in procuring 
 practice, than sound learning, commanding talents, or 
 spotless integrity. 
 
 It has twice occurred to me, in conducting strangers 
 to see and hear the celebrated lawyers of the King's 
 Bench, to have been asked with eagerness, who was that 
 gentlemanly looking person sitting next to Mr. Broug- 
 ham ? the feeling which prompted the question, corre- 
 sponded with that which I experienced when first I had 
 the good fortune to see Mr. Denman and to hear him 
 speak. There is something peculiarly captivating about 
 him, insomuch that if he rose to speak when you were 
 anxious to depart, you would assuredly be tempted by a 
 
24 MK. DENMAN. 
 
 single glance at his countenance and figure, to pause and 
 listen, and when you had heard the first sentence, you 
 would as certainly wait, with unwearied patience, till 
 the termination of his address. It is not that he arrests 
 the attention by the brilliancy of his language, or sur- 
 prises by the boldness of his conceptions ; not that he 
 exceeds other men by the richness of his imagery, or 
 the originality of his eloquence, but that he surpasses 
 most men in singleness of purpose, and honesty of 
 intention, and that consequently what he says reaches 
 the heart, and warms the feelings of his hearers. His 
 person is tall, his voice deep-toned, flexible and full, his 
 manner natural and unstudied, his countenance open, 
 prepossessing, and noble ; it has something when at rest 
 of the finely chiselled, finished appearance of a statue. 
 
 It must not be supposed that the hearer would be 
 equally gratified in listening to Mr. Denman at all times, 
 or that he is equally successful on every subject. A 
 lawyer, for example, would not be impressed with a 
 very high opinion of his argumentative powers and 
 logical discrimination on strictly legal and technical 
 subjects; his style is too loose, his manner too impetu- 
 ous, and his mind too ardent, for the calm and cautious 
 investigation of principles remote and difficult, and his 
 over-anxious temper would prevent him from attempt- 
 
MR. DENMAN. 25 
 
 ing ingeniously to reconcile conflictitig decisions. 
 On such subjects Mr. Pollock,* from his strictly ma- 
 thematical education, and' reasoning habit, is as much 
 superior to him, as Pollock is his inferior in sound 
 taste — in the charms of eloquence, and the beauties of 
 classical knowledge. 
 
 These gentlemen, about the same standing in their 
 profession, are each eminent in a peculiar line, but do not 
 appear to advantage when they attempt achievements 
 for which, by nature and educq.tion, they are unfitted. 
 Universal genius is rare : it is reserved for a Brougham 
 or a Plunket, to exhibit shining proofs of what may be 
 accomplished by a combination of the highest powers 
 of reasoning, with chaste and manly eloquence. Messrs. 
 Pollock and Denman can be excellent in one depart- 
 ment only: though unquestionably the subject of this 
 sketch ranks higher as a speaker than Mr. Pollock, 
 who, as an orator, has sunk in my estimation 
 since I heard his defence of the " Morning Journal." 
 I doubt if there be an individual at the English Bar 
 who could conduct a case of this description with such 
 complete success as Mr. Denman ; he has many of the 
 best requisites for an advocate ; energetic and manly, 
 
 * Afterwards Sir Frederick Pollock, Lord Chief Baron of the 
 Exchequer. — (Ed.) 
 
26 MR. DENMAN. 
 
 nervous and impressive, he never suffers the attention 
 to flag, or the subject to ^ecome wearisome; there 
 is no insipidity, no stiffness or coldness about him: 
 vigorous and effective, he does not approach the subject 
 with the cautious policy of a hacknied pleader, fearful 
 of committing little faults, but throwing himself heart 
 and soul into his cause, he identifies himself at once 
 with his client's interest ; he does not hesitate to weigh 
 his words, and ponder upon sentences, but grapples 
 boldly with his subject, and unlike those declaimers 
 who are loud only in expression, while feeble in 
 sentiment, he delivers his opinions in language preg- 
 nant with sound sense and generous feeling, advocating 
 the cause he has espoused with zeal and intrepidity. 
 
 That Mr. Denman's style of eloquence is not fault- 
 less I admit; but his faults are amply redeemed by 
 great and varied and lofty excellencies, and I doubt 
 whether even his blemishes weaken the force of his 
 appeals, or detract much from his high merit as an 
 advocate. The fault most commonly found with Mr. 
 Denman is that his style is unequal ; that though he 
 soars, he sinks again; and that although he speaks 
 with unrivalled ability, 'tis only for a time, and then he 
 falls to the level of common men, from want of a sus- 
 taining force within him. There is, unquestionably, a 
 
MR DENMAN. 27 
 
 considerable inequality in his style ; but for this I can 
 offer a reason with which careful observation has sup- 
 plied me, and which, I think, will be found correct. I 
 am persuaded, then, that this inequality arises not from 
 any deficiency of talent or want of information, but 
 from the natural constitution of his mind, which 
 compels him to utter his thoaghts freely and unre- 
 servedly, and from a habit, too, which he cannot now 
 conquer, of approaching his subject without a thorough 
 previous preparation. He examines attentively the 
 chief features of his case, but does not consider with 
 sufficient minuteness each particular part, and speaks 
 without having completely arranged and methodised his 
 own thoughts, much less selected the exact words he 
 means to employ. In this he differs from Mr. Broug- 
 ham, than whom no man prepares with so much sedulous 
 anxiety; the consequence of which marked difference 
 is, however, that Denman succeeds in many cases of a 
 certain class, when Mr. Brougham would most decidedly 
 fail. Of the latter gentleman, it was well observed (by 
 the author of his sketch in the Dublin Literary 
 Gazette) that there was no moral good/ness in his 
 oratory. Nothing can be more accurately true; and 
 although he be a man of gigantic intellect, gifted with 
 mighty powers, fostered by knowledge as profound as it 
 
28 ■ MR. DENMAN. 
 
 is various, yet is his eloquence eternally cold and bitter 
 and sarcastic, whether he deryies the "mad doctors" (as 
 he called them) at Gray's-inn coffee-house, lectures Sir 
 Edward Sugden before the Lords, or scoffs at Lord 
 Aberdeen in the Commons : still is he the same — still 
 you hear nothing but relentless irony and bitter 
 sarcasm. The consequence is, that you walk away 
 deeply impressed with a conviction of his vast abilities, 
 but half frightened the while ; for he not only has a 
 giant's strength, but uses it like a giant. Place him 
 before a jury, and desire him to move their sympa- 
 thies, or to touch their hearts by an affecting tale of 
 suffering and misfortune, and, if he be an honest man, 
 he will tell you he could not do it, and will hand his 
 brief over to Mr. Denman ; he will at once have the 
 jury and his audience with him, not so much by pro- 
 claiming original and striking principles as by telling 
 them, in a feeling and happy manner, of homely truths 
 with which they have been long acquainted. They see 
 a man before them, pleading the cause of injured in- 
 nocence, or vindicating outraged characterj. with soul 
 and passions like themselves ; they look into his intelli- 
 gent and manly countenance, and they are pleased, 
 because they behold in it a faithful index of a sound 
 and honest human heart; they hear his round and 
 
MR. DENMAN. .29 
 
 mellow voice rise into strength and loudness when he is 
 indignantly denouncing villainy or exposing baseness; 
 they hear it subdued into softness when lie is naturally 
 affected, by the nature of his case, and they see him 
 tremble with emotion at the touch of pity. Tliey are 
 not cold-hearted critics, and have no time to observe 
 trivial errors or to catch up petty slips ;. pleased to find 
 that his soul is in the subject, that he is not thinking of 
 himself, or seeking for nice words and aspiring after 
 flowing sentences, they confide in him unhesita,tingly, 
 and are led captive by his natural and engaging 
 manner, by his feeling and spontaneous eloquence. 
 The hearer would be disposed when Mr. Brougham 
 had done to take his hat, and make him a low bow 
 before he walked away ; but he feels an irresistible 
 inclination to rush forward and grasp Mr. Denman by 
 the hand, as if he had unexpectedly recovered an old 
 and well-tried friend. Of his uncompromising integrity 
 as a lawyer it is almost needless to speak ; it has never 
 been denied or doubted. By the malevolence of party 
 it has remained unquestioned, even in the hottest times , 
 of political excitement. When I use the word inte- 
 grity, I mean not merely that tradesman-like honesty 
 which teaches a man to discharge his duty, and pre- 
 vents him from betraying a trust reposed in him. By 
 
30 MR. DENMAN. 
 
 the term, as applied to Mr. Denman, I mean that high 
 and chivalrous sense of honoiy, the animating principle 
 of a noble and generous nature, which prompts a man, 
 regardless of personal emolument, and in contempt of 
 personal interest, to encounter all risks and to brave all 
 consequences for the sake of truth and justice, with an 
 utter recklessness of his own future prospects. In the 
 memorable event of the Queen's trial, he inveighed 
 against her prosecutors with a thoughtless impetuosity 
 which hurried him into expressions not merely indis- 
 creet, but so improper as to require the de'cent veil of a 
 learned- language. His classical friend, Dr. Parr, it is 
 said, supplied him with what has since been emphatically 
 termed Denman' s Greek. 'Tis a painful subject to 
 advert to, and had better be buried in oblivion, for how- 
 ever the quotation alluded to might have savoured of 
 pedantry and coarseness, it exhibited but little of that 
 good feeling and urbanity for which Mr. Denman had 
 been so proverbial, and which under every excitement 
 should mark the deportment of the scholar and the 
 gentleman. His zeal and vehemence on this occasion, 
 nearly destroyed, and for a long time certainly retarded, 
 his professional advancement; after a lapse of some 
 years, and when the fervour of political agitation had 
 abated, Mr. Brougham accepted a silk gown, much to 
 
MR. DENMAN. 31 
 
 the surprise of his professional brethren, who had sup- 
 posed that his attachment to Mr. Denman was so ardent, 
 that he would not permit himself to be promoted while 
 his friend was left behind the bar. However, doubtless 
 for substantial reasons, Mr. Brougham marched to a 
 more comfortable seat within the bar, while Mr. Den- 
 man remained the ornament of the outer bench, and 
 might have so continued still, but for the impartiality 
 and candour of our military premier — Wellington. 'Tis 
 said that repOTts were diligently circulated injurious to 
 Mr. Denman's prospects; that in consequence he had 
 several conversations with Lord Lyndhurst, who gra- 
 ciously informed him that he would obtain his promo- 
 tion in due time, doubtless intending to perform the 
 promise when he conveniently could ; dissatisfied with 
 the Chancellor, he visited the Duke of Wellington, who 
 in a brief interview of five minutes' duration, acknow- 
 ledged with characteristic frankness that he saw no 
 good reason why an advocate should be punished for 
 boldly defending his client, and that he would certainly 
 and speedily attend to his claims. The consequence of 
 this interview was, that Mr. Denman soon obtained the 
 step to which his talents and standing had long entitled 
 him. Our distinguished fellow-countryman (the Duke) 
 evincing by this act of justice that he. had correct 
 
32 MB. DENMAN. 
 
 notions of the privileges of an advocate, and of the 
 duty of a great minister. • 
 
 In concluding nay account of Mr. Denman's character 
 as a lawyer, I can, perhaps, convey the most exact idea 
 of his professional ■ powers by contrasting them with 
 those of his legal brethren; if you had a rotten case to 
 patch up, of course you would select Sir James; if you 
 wished to argue a special verdict Mr. Pollock ; if to 
 chastise or terrify your opponent, Mr. Brougham ; if to 
 vindicate your character or to defend your life, Mr. 
 Denman. 
 
 On his parliamentary career this gentleman can look 
 back with pleasure; independent and consistent, he 
 never deviated from those pi'inciples which from a 
 sincere conviction he had first embraced, to ingratiate 
 himself with the rtrinister of the day; he fearlessly 
 denounced corruption wherever he found it, ajid forgot 
 his own interest in the larger and more comprehensive 
 interests of the country. That he is not now in Parlia- 
 ment I consider a national loss, and as a frequent listener 
 in the House of Commons, I regret the absence of a 
 man, who by his ready elpquence might throw life into 
 debates, now alas ! almost bereft of vigour and anima- 
 tion, but pre-eminently distinguished for flippancy and 
 dullness. But it is not for his patriotism as a senator, or 
 
MR. DENMAN. 33 
 
 for his excellence as an advocate, that I consider him 
 most deserving of approbation, he is entitled to the 
 respect and love of his fellow-citizens " because he is a 
 friend to the moral improvement of man." Associated 
 with Mackintosh and Brougham, he has struggled hard 
 to spread abroad the light of knowledge, and to diffuse 
 the blessings of a sound and useful education amongst 
 the ignorant portion of his countrymen ; he has been 
 the firmest friend to the London University and other 
 institutions which have had the education of the public 
 for their object, he has been the bitterest enemy of that 
 monstrous birth of modem times — the slave trade ; and 
 associated with illustrious rivals in a still more glorious 
 cause, his name will be treasured in the recollections of 
 the wise and good, so long as a single tract of the much 
 calumniated " Society for the Diffusion of Useful Know- 
 ledge," shall be extant. Each succeeding month adds 
 fresh laurels to those which he has E^lroady won ; he 
 may wear them without a blush, for they are unstained 
 by the blood which tarnishes the proudest trophy the 
 conqueror ever gained by the slaughter of thousands, 
 to gratify the cravings of ambition. It must be to him 
 a delightful reflection, that by no human power can he 
 be deprived of his well-earned reputation. 
 
 In private life, Mr. Denman is amiable, kind, and 
 
 D 
 
34 MR. DENMAN. 
 
 generous, so that even those who dislike his politics, 
 admire the man ; by the members of his own profession 
 he is beloved ; on circuit he is the centre of attraction, 
 possessing the happy art of winning the esteem, and 
 gaining the affections of all who come within the reach 
 of his society and conversation : this is high praise, but I 
 have asserted nothing but what I believe to be the truth. 
 I may add, that he is an ardent and critical admirer of 
 the Fine Arts, and indeed of every thing that tends to 
 humanize, adorn, and improve mankind. Mr. Denman 
 has, I should suppose, but little chance of obtaining 
 high preferment, he is now common serjeant of London, 
 a place in the gift of the corporation, which was well 
 bestowed on" such a man.. The road to the bench is stiU 
 somewhat crooked, for although through the correcting 
 influence of public opinion, men only of undoubted 
 talents and great experience, are placed in the most 
 prominent and difficult situations, men whose names 
 spread a lustre round our seats of justice, yet the 
 humbler, but hardly less important places of the Puisne- 
 Judges, are not unfrequently procured by the instru- 
 mentality of private friendship, given as a snug retreat 
 for an old friend, or bestowed as the appropriate! reward 
 of political subserviency. Mr. Denman, however, is not 
 afflicted with a selfish disposition, or a contracted heart, 
 
MR. DENMAN. 35 
 
 and will be compensated for the loss of wealth and 
 advancement, by the love of his professional brethren, 
 the gratitude of his fellow-citizens, and by the esteem 
 and admiration of all honest men. 
 
 NOTE BY EDITOR. 
 
 April, 1870. 
 
 Mr. Denman was called to the English Bar in 1808 ; 
 
 appointed Solicitor-General to the Queen Consort 
 
 (Caroline) in 1820; Common Serjeant to the City of 
 
 London in 1822 ; Attorney-General to the King in 
 
 Lord Grey's administration in 1830; Chief-Justice of 
 
 the Queen's Bench in 1832 ;. created Baron Denman, 
 
 .March, 1834; retired from the Bench, March, 1850; 
 
 died 22nd September, 1854, aged 75. Mr. Denman 
 
 was, as most readers know, the colleague of Mr. 
 
 Brougham, in the honourable but perilous post of 
 
 Solicitor-General, and advocate of an impeached Queen 
 
 in 1820. Their sturdy defence of the Queen was not 
 
 calculated to win the favour of her amiable lord the 
 
 King. The Queen (Caroline) died soon afterwards 
 
 (1821), and her Attorney and Solicitor-General, who 
 
 had, as such, place and precedence within the bar, 
 
 with silk gowns, were compelled to descend to the 
 
 outer bar and resume the more homely gown of stuff. 
 
 Daring Lord Eldon's continuance in the Chancellor- 
 
 D 2 
 
36 MR. DENMAN. 
 
 ship, from 1821 to 1827, this position, almost of 
 indignity, was suffered to ^remain. But immediately- 
 after Mr. Canning became Prime Minister, and Lord 
 Lyndhurst, Chancellor, Mr. Brougham received his 
 patent of precedence (July, 1827), and shortly after 
 that again. Lord Campbell tells us that he himself was 
 included in a batch of King's Counsel, which (with 
 one exception) was supposed to include all — whatever 
 their politics — who had fair claim to this distinction. 
 Mr. Denman was still proscribed, till the following 
 year (1828), when the Duke of Wellington became 
 Premier, and did justice to the Queen's Advocate in 
 the manner truly and graphically described in Mr. 
 Whiteside's sketch. 
 
 The secret of Mr. Denman's particular and persistent 
 exclusion has since been disclosed. In the course of 
 the Queen's trial, Mr. Denman in his defence of his 
 client, made use of a Greek quotation, borrowed 
 (second-hand) from Baylfe, which was supposed to 
 convey an allusion to the King, gratuitous and offensive 
 in the highest degree, and which, even in the mitigated 
 sense given to it by its apologist, imported something 
 to the effect that the Queen's accusers were " foul- 
 mouthed." This was an offence to the cultivated and 
 fastidious taste" of King Geo. IV., which Lord Lyndhurgt 
 
NOTE BY EDITOK. 37 
 
 would not venture to justify or even excuse, but when 
 Mr. Denman appealed to the plain and honest sense of 
 the Duke, and offered his explanation of the quotation, 
 the Duke was satisfied that Mr. Denman had made use 
 of no language which did not properly come within 
 his province, in the zealous and proper discharge of 
 his duty as an advocate, and immediately afterwards 
 Mr. Denman's patent was made out. 
 
 It is needless to say that the Duke made no condi- 
 tions of support or adhesion in return for this act of 
 justice, and that Mr. Denman received no other pro- 
 motion from the Duke. But his advancement was 
 nearer than he could have well supposed. 
 
 The Catholic Emancipation Bill received the Royal 
 assent on the 13th April, 1829. It was the last triumph 
 of the nomination system. Though now very generally 
 admitted to have been a wise and just measure, it was un- 
 doubtedly carried against the sentiment of the majority 
 of the English people, by force of aristocratic influence 
 in the nomination boroughs. It added 50 votes to the 
 Liberal party, and secured the speedy downfall of the 
 Wellington ministry (1 7th Nov. 1830), and the advent 
 of an administration, under Lord Grey, pledged to 
 Reform, in which Brougham became Chancellor, and 
 Denman Attorney-General to King William IV. 
 
38 MR. DENMAN. 
 
 Mr. Denman held the post of Attorney-General till 
 March, 1832, when Lord Tgnterden retired from the 
 King's Bench, and was succeeded by Mr. Denman, as 
 Lord Chief Justice of England. He was raised to the 
 Peerage in March, 1834, under the title of Baron 
 Denman, in consequence, it was alleged, of the Chan- 
 cellor's feeling the necessity for a fresh coadjutor in the 
 House of Lords, in the appellate duties ; hut, probably, 
 rather because of the good old notion that the Lord 
 Chief Justice was generally regarded as having fairly 
 entitled himself to nobility. 
 
 Mr. Denman's legal acquirements were never con- 
 sidered to be profound. He owed his success and repu- 
 tation rather to his hi^h character and a certain degree 
 of eloquence, generally calm, and impressive, but 
 capable of becoming impassioned and commanding 
 when occasion required it. 
 
 As a Judge, Lord Denman was dignified and impar- 
 tial, and if not distinguished by great learning or legal 
 acumen, the signal courage and high moral tone 
 which characterised his career at the Bar, asserted 
 themselves perhaps still more in his new sphere. 
 
 In the great constitutional contest between the House . 
 of Commons and the Judges of the Court Queen's 
 Bench— Stockdale v. Hansard — at a time of much poli- 
 
NOTE BY EDITOR. 39 
 
 tical excitement, Lord Chief Justice Denman, with 
 fearless intrepidity, vindicated the right of the sub- 
 ject to have redress for a libel affecting his character, 
 though published under the sanction of the House of 
 Commons, and in assertion of its privilege to publish 
 reports of its proceedings. Addressing the jury who 
 tried the case. Lord Denman said, " My direction to 
 you is, that the fact of the House of Commons having 
 directed Messrs. Hansard to publish all their parlia- 
 mentary reports, is no justification for them, or for any 
 bookseller, who publishes a parliamentary report, con- 
 taining a libel against any man." The House of 
 Commons, led by Sir Robert Peel, as well as by Lord 
 John Russell, sent the sheriffs of London to prison for 
 contempt, in executing the process of the Court of 
 Queen's Bench. The Court of Queen's Bench, in turn, 
 brought up the sheriffs to their bar under writ of 
 Habeas Corpus, and then the proud assembly, having 
 advanced to the very verge of a revolutionary contest, 
 receded, took more moderate counsels, and sheltered 
 their asserted privilege under the sanction of an Act 
 of Parliament. 
 
 Again, in 1844, when the indictment against Mr. 
 O'Connell for sedition was brought before the House 
 of Lords on appeal. Lord Denman had the courage. 
 
40 MK. DENMAN. 
 
 by his casting voice (Lords Brougham and Lyndhurst 
 being balanced by Lords Cottenham and Campbell), to 
 reverse the decision below, and overrule the opinion 
 of the great majority of the judges in England and 
 Ireland. 
 
 There were two principal questions, raised for consi- 
 deration — one of these was, whether a challenge to the 
 array of a jury panel, on account of the alleged fraudu- 
 lent omission of fifty-nine names from the list of the 
 jurors of the county, was a valid ground for setting 
 aside the panel so returned? Chief Justice Tindal 
 and ten of the judges of England held, with Lord 
 Lyndhurst, that a challenge to the array is confined 
 to cases in which the sheriff has done wrong, and 
 does not apply where the w^rong is done by an officer 
 like the Recorder or the Clerk of the Peace, who acts 
 for him. Upon this, Lord Denman, declared that if 
 such a practice as that which had taken place in this 
 case were without a remedy " trial by jury itself 
 instead of being a security, to persons who are ac- 
 cused, will be a delusion, a mockery, and a snare." 
 The other question was somewhat more difficult 
 to deal with. The indictment contained altogether 
 eleven counts, embracing, in effect, six distinct 
 charges. Several of the counts, and the findings 
 
NOTE BY EDITOR. 41 
 
 upon them, were held bad by the unanimous 
 opinion of the English judges; five of the counts 
 remained untouched, and the sentence of the Court of 
 Queen's Bench — of fine and imprisonment — was *' for 
 the offences aforesaid." Some of the judges considered 
 this should be interpreted to mean, " for the offences 
 properly charged and properly found on the record." 
 Baron Parke (Lord Wensleydale) and another judge 
 considered that the Court had passed sentence on the 
 defendant for the offences charged in each and every 
 of the counts, good and bad; and the main question 
 was, whether the judgment for the Crown could be 
 supported, it being a general judgment, and the punish- 
 ment not determinate or fixed by law, or capable of 
 being distributed. The majority of the English judges 
 pronounced the law to be in conformity with a case 
 in which Lord Mansfield had stated that a good 
 judgment can be pronounced on an indictment which 
 contains some counts so, bad, that on them the judg- 
 ment might be arrested; from which it had been (as 
 Lord Denman thought) rashly and groundlessly taken 
 for granted that a general judgment, pronounced on 
 an indictment, consisting of bad as well as good 
 counts, where a verdict has been taken for the Crown 
 upon all, cannot be reversed upon a Writ of Error ; 
 
42 MR. DENMAN. 
 
 but of this opinion were the great majority of the 
 judges of England and Irelajpd. Lord Denman, when 
 pressed with the weight of the authority of the judges, 
 said : — " The House of Lords were not bound to do 
 more than respect in the highest degree, and consider 
 with the utmost care, the opinions which may have been 
 given. But you have a duty of your own to perform ; 
 your consciences are to be satisfied, your minds are to 
 be made up ; your privileges afford you the assistance 
 of the most learned men living ; but your duty forbids 
 you to delegate your office to them." He proceeded — 
 " What has happened in this House not twelve months 
 ago ? The Queen v. Millis, — the Presbyterian marriage- 
 case was before it. There was a universal opinion at 
 the English Bar, founded on dicta of judges as illus- 
 trious as any who have ever filled the seats of justice 
 in any country, upon a question of no less importance 
 than the nature of marriage. Lord Mansfield, Lord 
 Ellenborough, Lord Kenyon, Lord Tenterden, and 
 Chief Justice Gibbs, and many others, all clearly took 
 the same view of the subject on the nature of the 
 contract. Nay, more, Lord Stowell, half a century of 
 whose valuable life had been devoted almost exclusively 
 to the consideration of the subject, had pronounced a 
 decree conformable to that opinion. The judges con- 
 
NOTE BT EDITOR. 43 
 
 suited, and formed an opinion directly contrary to that 
 of the judges in former times, and the judgment of 
 . the House of Lords decided against the dicta of the 
 most venerable and distinguished individuals." He 
 then proceeded to show that this whole doctrine had 
 arisen from a single remark of Lord Mansfield, twice 
 repeated — that where there is one good count and one 
 bad, and the verdict is general and for damages, in that 
 case the Court will set aside the verdict ; from which 
 Lord Mansfield proceeded to the extrajudicial decla- 
 ration that the law in criminal cases was otherwise. 
 
 He added: — "I am tempted to take this opportunity 
 of observing, that a large portion of that legal opinion, 
 which has passed current for law, falls within the 
 description of ' law taken for- granted.' If a statistical 
 table of legal propositions should be drawn out, and 
 the first column headed, ' Law by Statute,' and the 
 second, ' Law by decision,' a third column under the 
 heading of ' Law taken for granted,' would comprise 
 as much as both the others combined. But when in 
 pursuit of the truth, we are obliged to investigate the 
 grounds of the law, it is plain, and has often been 
 proved by experience, that the mere statement and 
 re-statement of a doctrine, the mere repetition of the 
 cantilena of lawyers cannot make it law, unless it can 
 
44 MR. DENMAN. 
 
 be traced to some competent authority, and if it be 
 irreconcileable to some clear legal principle."* 
 
 It is just to Lord Denman to say that he did not 
 lightly regard, or hastily overrule the opinions of the 
 English judges. Although it is not usual when the 
 judges are consulted by the House of Lords, that a 
 judge who had the honour of a seat in the House 
 should attend the consultation of the judges, yet, in 
 this case, Lord Denman, as he said: — " Was so much 
 stimulated by the immense importance of the question, 
 and so entirely unconvinced by the reasoning of the 
 learned judges in Dublin, that he felt a strong desire 
 to ensure the benefit of a full discussion of the point 
 by attending the consultation." 
 
 Lord Denman's firm and manly resistance to the 
 almost overwhelming force of the authority of the 
 Judges of England and Ireland, was the more intrepid, 
 in that the case had assumed something of a political 
 aspect, and his conduct might have been attributed to 
 the proclivities of a warm partizan, rather than to the 
 independence of a high-minded magistrate ; but time, 
 which in the main vindicates all acts, has estab- 
 lished, so far as I can collect, with the approbation of 
 the profession, the soundness and justice of his decision. 
 * 11 CL and Fin. 273. 
 
NOTE BY EDITOB. 45 
 
 Few there are — whatever may be their political creed 
 or profession — who now feel regret that O'Connell's 
 prison doors were opened ; and, perhaps, there is not a 
 lawyer in Westminster Hall or the Four Courts, who 
 could be got to endorse Lord Brougham's angry but 
 misplaced apothegm, that " the decision had gone 
 forth without authority and would return without 
 respect." 
 
SIR CHARLES WETHERELL 
 
 June, 1830. 
 
 Sir Charles Wetherell is the honestest and the 
 oddest man at the English Bar, He is a confirmed 
 eccentric ; if, however, his character affords something 
 at which to smile, it certainly exhibits nothing which 
 men can either hate or despise. We feel happy in 
 meeting with an individual, the honesty of whose 
 nature has not been perverted by the J;ricks of State, 
 and who has proved that his integrity was dearer to 
 him than his interests. We are almost disposed to like a 
 man who is an oddity, if satisfied that there is nothing 
 of the hypocrite in his disposition, his eccentricities are 
 in some degree pledges for the independence of his mind. 
 The oddities of an original character are displeasing to 
 the people miscalled great ; 'tis hurtful to their pride to 
 think that a man should presume to appear in their pre' 
 
SIR CHAKLES WETHEKELL. 47 
 
 sence in his every-day old coat, and venture to accost 
 them in a blunt, inartificial manner — not putting him- 
 self out of his way to gratify their perverted tastes, 
 or tending to proud men, spoiled by subserviency. 
 They resent accordingly the insolence of honesty; it 
 alarms and discomposes them, and, therefore, if they 
 have it in their power, - they punish unsparingly the 
 criminal, that is, the honest man. As, then, it is the 
 interest of place-hunters and place-keepers to succumb 
 to the place-givers and place-takers, that individual 
 must be virtuous, disinterested, independent, his heart 
 must be made of the right stuff, who will resign 
 thousands of pounds per annum, and all the other 
 sweets of office, rather than yield to power, or truckle 
 to apostacy. It is not only that Sir Charles would not 
 be persuaded to abandon what he believed to be the 
 honest cause, but he could scarcely be prevailed upon 
 to lay aside any of his very singular propensities : — for 
 example, he would not put on a pair of suspenders, 
 were he about to visit his Majesty himself. Whether 
 he submitted to the incumbrance when paying his 
 addresses to his present youthful wife, I cannot posi- 
 tively say; although he may have done so, in order, 
 according to lawyer-like principles, to provide against 
 contingencies. 
 
48 SIR CHARLES WETHERELL. 
 
 If you met Sir Charles in the street, you would 
 certainly ask, who can that grange man be ? and turn- 
 ing round to look after him, you would exclaim, what 
 a singular person that man surely is ! He wears a hat 
 which may have been originally black, about the time 
 that Cowper tells of, " when yet black breeches were 
 not ;" but if so, it has since changed into a dingy brown ; 
 the brim is always driven up behind by the collar of a 
 long brown surtout, just fit company for the hat. The 
 coldest day in winter the surtout flies open — while the 
 valorous knight, thrusting his hands into the pockets 
 thereof, turns them fairly inside out, and forces them 
 forward till he makes both hands meet before his legs ; 
 so that when you look behind, you are surprised to see 
 all bare, up to the middle of the lengthy back. The 
 black suit within is somewhat seedy, while between the 
 waistcoat and waistband of his breeches, there is ocular 
 demonstration of that vacuum, about the existence of 
 which philosophers have talked so idly and so much; 
 of the fair white linen, more or less, is to be seen, 
 according as the wind chances to be high or low, or 
 Sir Charles in a state of excitement or tranquillity — thfe 
 latter, to do him bare justice, seldom happening to be the 
 case. He ties his cravat, bunch- like, in the dark; and 
 he wears great tapes in his shoes, which seem, from 
 
SIR CHARLES WETHERELL. 49 
 
 their dim and dusky aspect, never to have enjoyed a 
 single brush of " Warren's Incomparable^' or " Hunt's 
 Matchless." As he strides along, he plunges his foot 
 into every gutter that comes in his way, looking 
 loftily, and muttering between his teeth, "I am no 
 longer Attorney-General, to be sure, but I am the 
 independent member for Plympton ; 1 don't care a fig 
 for the dake, and as for Peel, he is a rat, and so I'll 
 tell him." 
 
 But what is seeing to hearing? _So, of course, you 
 hurry to the Court of Chancery, thinking, possibly, of 
 the musical tones of Mr. Serjeant Blackburne, the 
 scholar-like elegance of Mr. Pennefather, or the gentle- 
 manly composure of our Irish Attorney-General, Mr. 
 Joy. Such being the current of your thoughts. Sir Chas. 
 astounds you first, and immediately after convulses you 
 with laughter. You see a man projecting his body 
 forward, throwing it back, then to the right, and then 
 to the left — indulging in gesticulation remarkable for 
 its angularity ; himself in a tremendous state of excite- 
 ment, labouring as if " for the bare life" to convince 
 the Chancellor of the iniquity of decreeing for the 
 specific performance of such an " unilateral agree- 
 ment," making the oddest and most unexpected combi- 
 nations of language, using hard words unsparingly, 
 
 E 
 
50 SIR CHARLES WETHERELL. 
 
 words of uncommon dimensions, winding up his argu- 
 ment with a closing thump, upon the table, and a line 
 from the iEneid of Virgil, or the Odes of Horace. 
 
 Yet it must not be imagined for a moment that Sir 
 Charles's speech is a burlesque ; on the contrary, in the 
 midst of all this extraneous and amusing matter, he 
 displays an intimate acquaintance with preyious deci- 
 sions, applies sound law, and reasons well on portions 
 of his- case, though he does not -speak consecutively. 
 Previous to his obtaining a silk gown, he had consider- 
 able practice, not only in the Courts of Chancery and 
 Exchequer, but before committees of both Houses of 
 ■ Parliament. His volunteered defence of Watson for 
 , high treason drew all eyes upon him, some wondering 
 that he, of all men, should have undertaken a case so 
 contrary to his usual' practice, -Others wondering still 
 more how he would conduct it. Unkind reports were 
 spread, which are unworthy of belief; such as, that his 
 appearance as counsel for Watson, the traitor, origi- 
 nated in political pique at not being made Solicitor- 
 General in preference to Sir R. Giffard, or from a 
 burning desire of notoriety. The truth I believe to 
 be, that the old Tory was selected from his known 
 honesty and indomitable courage. /, as Sir Charles" 
 himself would say, repeat my original proposition, that 
 
SIR CHARLES ■WETHERELL. 51 
 
 he (Sir Charles) is the honestest man at the English 
 Bar, hot excepting the great Harry himself. Critics 
 may dispute as they please about the merits of 
 the speech for Watson, and deny it the praise of 
 being coirect and chaste oratory; but chasteness of 
 style was not the thing wanted in such a case, 
 and correctness is but another name for coldness, 
 when a client's life is on the issue : in my opinion, it 
 was a speech of much ability, because, according to 
 Napoleon's criterion of the talent of a general, it was 
 successful. Sir Charles spoke for eight hours only ; 
 he might have spoken for twenty-four with great ease 
 to himself: unquestionably, he did not display close- 
 ness of reasoning or splendour of diction comparable 
 to Erskine's defence of Hardy, nor did he rival the 
 brilliant eloquence or touching pathos of Curran ; his 
 speech, in fact, differed from all the speeches that ever 
 were made on the subject of high treason before ; it 
 was a strange compound of the serious and comic, the 
 solemn, the ludicrous, the abusive, and the affecting. 
 Even in a case of life and death, his favourite pro- 
 pensity of saying odd things did not forsake him ; he 
 declared with great emphasis that he had never heard. 
 " of a constructive or interpretative pike." 
 
 Throughout, however, his address was forcible and 
 
 E 2 
 
52 SIR CHARLES WETHERELL. 
 
 convincing, and delivered with consummate boldness : 
 he spoke with the proper spifit becoming the indepen- 
 dent member of a high profession, and whether the 
 judges smiled or frowned, it was all the same to him. 
 He branded the arbitrary doctrine of constructive and 
 accumulative treason with every odious epithet which 
 his exuberant imagination could suggest. He did not 
 stop to parley with the government, and to say as 
 mawkish lawyers are apt to do, that the government, 
 with the best intentions in the world, had only mistaken 
 the law ; on the contrary, he roundly taxed the Crown 
 lawyers with the serious offence of seeking to destroy 
 the distinction which from the passing of the memorable 
 statute of Edward HI. had ever subsisted between trea- 
 son and misdemeanor. Lord EUenborough, it is true, 
 with unjudicial warmth, tried to check him, the. Crown 
 lawyers loudly protested, and Sir Charles as loudly per- 
 severed. The printed speech reads much better than 
 that which was delivered, because the repetitions were 
 omitted, and the looseness of his language considerably 
 compressed. He declared that it was " difficult for him 
 to argue whether an association of persons, consisting 
 of two broken-down apothecaries, a reduced gentleman, 
 and two cobblers, could entertain the project of a 
 revolution." 
 
SIR CHARLES WETHERELL. 53 
 
 His great object was to ridicule the notion of a 
 rebellion, which in the following passage, he does 
 successfully enough, but still in his own peculiar man- 
 ner. " Let us see, however, what the force was, what 
 its means were, and what its acts were : here are men 
 who set out from Spa-fields ; they have in the waggon 
 their powder and shot, they have two flags and a ban- 
 ner, they have pistols and swords ; they propose to go 
 into the city, but unfortunately before they got there, 
 the hostile army have the flagstaffs taken from two of 
 the five generals, and that part of the rebel army is * 
 routed. Mr. Stafibrd routs the main division before it 
 leaves the field, the rest penetrate into the city, and 
 there a worthy alderman. Sir James Shawe, alone puts 
 to flight the rest of these insurgents ; this is the riot 
 which the Attorney-General has worked himself up to 
 calling a flagrant civil war : if it be, I think Sir James 
 Shawe has been very ill-treated by the government ; I 
 have not heard that he has been made a peer, or got a 
 pension, or a red pibbon, but I should have thought that 
 some favour might have been shown him for his emi- 
 nent services in putting down this rebellion, and parti- 
 cularly because he did it quite alone, and without 
 assistance, civil or military." The attack on the Tower 
 he thus described : — " You will recollect that half the 
 
54 SIR CHARLES WETHERELL. 
 
 force was cut up in Spa-fields by Mr. Stafford, the rest 
 of the force fainted into the ^ms of Sir James Shawe ; 
 and when the whole was annihilated, some man with a 
 loud voice summoned it to surrender, not to a rebel 
 army, but to himself alone." He cross-examined 
 Castles, the informer, with considerable tact ; and made 
 him appear what he really was, an incomparable 
 scoundrel. Sir Charles did not put the truth point 
 blank, and thus tempt a point blank denial ; but wisely 
 proposed his questions in a more moderate form, 
 leading the witness to suppose no harm could arise to 
 him from admitting the fact to the wished for extent. 
 The night before the defence, it is said, there was a 
 consultation between the counsel, one of whom, it is 
 reported, thought all was over with Watson, in conse- 
 quence of the evidence of Castles. How to characterise 
 this informer became a matter of discussion. " Leave 
 him to me," said Sir Charles, " he is an indescribable 
 villain ;" and, accordingly, by that endearing epithet 
 he distinguished him throughout the speech. The 
 abuse of Castles was scurrilous and incessant, but not 
 the less effective. The prevalent opinion I believe to 
 be, that Sir Charles Wetherell's speech saved Watson 
 from the block ; and when his high Tory principles are 
 taken into account, 'when it is recollected how many 
 
SIR CHARLES WETHERELL. 55 
 
 lawyers would. have quailed in such a case, his conduct, 
 his boldness, and his spirit cannot be sufficiently ad- 
 mired. It is not, however, to be forgotten, that the 
 speech to evidence for Watson was made by Copley — 
 a speech which ushered him into fame. 
 
 In the smallest, as well as in the most important 
 matters, his professional conduct has been upright and 
 independent ; to the bench he has been respectful, but 
 resolute: to his equals pleasant; and, finally, to his 
 juniors kind and encouraging. In a case before Sir 
 John Leach, when Vice-Chancellor, he displayed alike a 
 love of fairness, and a kind consideration for the younger 
 men at the bar. The Vice-Chancellor had long been 
 accustomed to dispense with the arguments of junior 
 coTlnsel, which plan enabled him to dispatch business 
 the more quickly. Sir Charles, however, when an 
 opportunity presented itself, boldly vindicated the 
 right of junior counsel to submit to the court what, 
 in their judgment, might be for the interest of their 
 clients; his manly appeal to the judge produced the 
 desired effect. How many King's Counsel are there 
 who would for such a cause provoke the resentment 
 of the bench ? 
 
 Sir Charles was a favourite of Lord Eldon, although 
 no two men could possibly be more unlike. His lord- 
 
56 SIE CHARLES WETHEKELL. 
 
 ship was grave, serious, and thoughtful, distinguished 
 for calmness of speech while«on the bench, and in his 
 deportment as mild as in his profession he was learned. 
 Sir Charles, on the contrary, was loud, declamatory, 
 and impassioned. Their political opinions, however, 
 were the same, and their friendship is still undi- 
 minished. Sir Charles never omits an opportunity of 
 defending the character of his lordship, who was one 
 of the soundest judges, perhaps the very ablest judge 
 that ever presided in the English Court of Chancery. 
 
 In the Court of Delegates and on Commissions of 
 Lunacy the subject of this sketch has been constantly 
 employed, and on such occasions he is to be seen in his 
 fullest glory. The delegates sit at a long table, at the 
 end of which the counsel are placed, and there Sir 
 Charles has been seen to wheel completely round, and 
 with his back to the judges and his face to the wall, 
 accompanying his words with his favourite action, has 
 been heard to exclaim, " This man is not mad, I assert, 
 even although he wears a shirt exterior to, and super- 
 induced upon his tunic." In the great case of Davis, 
 which occupied fourteen days, he was opposed to Mr. 
 Brougham. I lamented when the case concluded, 
 and when the lunatic, for such he was undoubt- 
 edly, was pronounced, by the verdict of a saga- 
 
SIE CHARLES WETHEEELL. 57 
 
 cious jury, to be perfectly in his senses, for 
 nothing could be more entertaining than to witness 
 the contests which occurred every five minute's 
 between these eminent lawyers. The generality of 
 readers know what sort of person Mr. Brougham is, 
 and doubtless few of them would wish to have him 
 for an opponent. On Sir Charles, however, his biting 
 sarcasms fell powerless and "harmless, his interruptions 
 were idje, his pregnant eloquence of no avail. Did 
 Mr. Brougham object to a question, Sir Charles made 
 a speech in answer, and quoted Latin. Did Mr. 
 Brougham attempt to dictate. Sir Charles, fired with 
 indignation, spoke twice as long and twice as loudly. 
 Did Mr. Brougham appeal to the bench. Sir Charles 
 insisted on the right of a reply, so that Mr. Brougham, 
 after being well fatigued and wearied, at last dis- 
 covered that instead of gaining time he lost largely by 
 his interruptions, so, telling Sir Charles to take his 
 own way, he sat quietly down. Still, however, when 
 a most irrelevant question would be proposed; Mr. 
 Brougham would mutter something between his teeth 
 about the loss of public time. Even that innocent 
 recreation Sir Charles would not suffer, but desisting 
 from his examination, he observed, " I like these 
 harmonious sounds; the under tones of Mr. Broug- 
 
58 SIE CHARLES WETHERELL. 
 
 ham's voice are sweetly musical and delightful in my 
 ears." So that the now memfeer for York was not, in 
 Gray's-inn coffee-house, allowed even to grumble out 
 his indignation, although in other places he can speak 
 so loudly and so triumphantly. 
 
 In the House of Commons Sir Charles Wetherell 
 is matchless. There he has neither judge nor jury to 
 control him, and there, accordingly, he takes his full 
 fling. His circumlocutions are beyond all conception, 
 and his apologies are the richest things conceivable. In 
 this department of oratory he displays the most won- 
 derful ingenuity — putting his apologies in five-and- 
 twerty diiFerent shapes before he ventures to touch 
 upon the subject at issue. From these modest 
 preambles, one might suppose Sir Charles to be the 
 most diffident of mortals, who trembled while he spoke, 
 and was fearful of offending the least of men; instead 
 of which, after the first half-hour, when his apologies 
 are over, no man speaks with more reckless boldness 
 than the independent member for Plympton, of which 
 Sir Robert Peel would, doubtless, bear ample testi- 
 mony — not forgetting the proceedings of that memo- 
 rable debate, in which Sir Charles thundered forth, " I 
 have no speeches to retract, I have no words to eat;" 
 looking furiously, and as if suiting the action to the 
 
SIK CHARLES WETHEEELL. 59 
 
 word, he would dislodge the right honourable secretary 
 from the Treasury bench. If he lost his place through 
 his invincible honesty, he certainly enjoyed the full 
 satisfaction of avenging himself upon his apostate 
 friends. Night after night he poured out his wrath 
 upon them, intermingled with the oddest jests and 
 most annoying jeers. What must have provoked the 
 Ministry most was, that Sir Charles was always well 
 received and listened to ; his hits told admirably, and 
 all his jokes were relished and applauded. The simple 
 truth is, he is respected by the house, because he is 
 known to be an honest ttmoi, and rare as that character 
 may be, it still commands respect. The last time I 
 heard him was in bringing forward his motion on the 
 prosecution of the Morning Journal for libel. He 
 spoke four hours in his opening speech, and two hours 
 in reply. He went through the informations seriatim, 
 and proved by precedent and argument the impolicy of 
 the prosecution. But no human being could keep his 
 countenance, either in looking at or listening to him, 
 when he got warm in his subject. His lips were 
 foaming, his voice raised to the utmost pitch, his shirt 
 visible even more than usual, his action extravagant, 
 as though he were boxing shadows in the air— he 
 himself standing in the middle of the floor, and turning 
 
60 SIK CHARLES WETHEKELL. 
 
 his back upon the Speaker as often as his face ; and in 
 the middle of his most vehement bursts of honest in- 
 dignation, and at the precise moment when you thought 
 him most serious, using expressions the most irresist- 
 ibly comic ; as, for example, finishing his accusations 
 against one of the prosecutions by saying it was for an 
 " omnibus indictment." In his speech, however, there 
 was much truth, and the house felt its weight; and 
 though his motion failed in the house, yet it did good 
 service in the country. He seemed more vexed with 
 Sir Francis Burdett than any of his opponents ; and in 
 his reply, at three in- the morning, called him "a 
 Westminster patriot," " a theoretical patriot," who made 
 hollow speeches in favour of the liberty of the press, 
 and gave stiff votes against it. He at the same time 
 complimented Mr. O'Connell highly, and thanked him 
 for his zealous and able assistance. 
 
 The faults of Sir Charles Wetherell, as a speaker, 
 arise mainly from his own acuteness, and from 
 the want of methodical arrangement; it seems as 
 if he wished to advert to all parts of his subject 
 at once; and, taking it for granted that his hearers 
 know as much about the matter as he does him- 
 self, before he has finished one proposition he flies 
 off to another, and then, upon the impulse of the 
 
SIR CHAKLES WETHERELL. 61 
 
 moment, recurs to the first^— a mode of speaking which 
 necessarily gives rise to much repetition. Of his tes- 
 selated style of English, cut on Latin, so much has 
 been said by everybody else, that I shall say nothing. 
 He has a horror of brevity or condensation ; seeks out 
 diligently the longest -words, and excels in the art of 
 amplification. His knowledge is very generally appli- 
 cable, and he does not hesitate to display it on every 
 occasion. 
 
 He has high claims upon the respect of the public, 
 or of that portion of it by whom consistency is 
 admired and integrity honoured. The office of Attor- 
 ney-General has been the rock on whicji lawyers have 
 made shipwreck of character and fame. He affords to 
 his professional brethren a bright example of uncom- 
 promising independence. The quiet, cautious, steady 
 men of the legal profession, who scarcely ever speak 
 above their breath, and are always ready with a smooth 
 word and a facetious smile, and whose most noble aspi- 
 ration is not to appear remarkable, could never compre- 
 hend such a character as Wetherell. If Sir Charles be 
 an oddity, let this be his excuse: — " Liberty is the glo- 
 rious cause; that it is which gives human nature fair 
 play, and allows every singularity to show itself; and 
 which, for one less agreeable oddity it may bring to 
 
62 SIR CHARLES WETHERELL. 
 
 light, gives to the world ten thousand great and useful 
 examples." • 
 
 NOTE BY EDITOR. 
 
 AprU, 1870 
 Sir Charles Wetherell was one of the notables of a 
 former day — a distinguished member of the legal 
 profession, of whom it might be truly said, he loved 
 his principles, if not wisely, at least well. For them he 
 sacrificed present office and future promotion, and died 
 unennobled and almost unnoticed. The sketch made 
 by Mr. Whiteside in 1830 is, therefore, the more 
 valuable and interesting. It does cordial justice to 
 the man and his many virtues, and describes, with 
 great force and point, the traits of a very worthy but 
 eccentric character. 
 
 Sir Charles was born in 1770. He was the third son 
 of Dr. Wetherell, Dean of Hereford, who enjoyed the 
 distinction (such as it is), that he is mentioned by 
 Boswell as the friend of Dr. Samuel Johnson. He 
 was called to the English Bar in 1794, and selected the 
 home circuit. At Nisi Prius and in criminal business 
 
NOTE BY EDITOR. 63 
 
 Sir Charles was not successful. He wanted the tact 
 and adroitness of his great contemporary, Scarlett. His 
 zeal occasionally outran his discretion ; his arguments 
 were too ingenious and finedrawn, and his language 
 too scholastic for the plain understanding of juries. 
 However, in good time he forsook the Common Law 
 Bar for the Ee[uity Courts, to which he attached him- 
 self when Lord Eldon became Chancellor, and there he 
 rapidly rose into extensive and lucrative practice. 
 . Lord Campbell enumerates Sir Charles Wetherell as 
 one of those who suffered from Lord Eldon's stingy 
 and procrastinating distribution of the honours of the 
 bar, so strikingly in contrast with the profuse liberality 
 of modern times. Sir Charles had be^ twenty- 
 two years at the bar before he received a patent of 
 precedence, which terminated with the life of his 
 sovereign, and, on the death of George IIL, remitted ' 
 him to the stuff gown. Lord Eldon himself obtained 
 his silk gown after the short period of seven years. It 
 is so much the more strange, that he should have been 
 so chary or grudging of honors well deserved, as to 
 keep one who had long enjoyed high professional 
 eminence — one who was a Tory of the Tories, and his 
 particular friend — to shiver in stuff until he was nearly 
 grey-headed. 
 
64 SIR CHAELES WETHEKELL. 
 
 Mr. Wetherell — having considered himself unfairly- 
 passed over for the SoliciDbr-Generalship, by the ap- 
 pointment of Mr. Giffard, a protege of Lord Eldon, 
 ■who, on account of his supposed extraordinary merit, 
 was selected for the office while wearing a stuff gown 
 behind the bar — ^breathing vengeance against the 
 Government, accepted, or volunteered, the defence of 
 Watson, tried for high treason in 1817. Wetherell's 
 speech, according to contemporary accounts, was a 
 complete success, probably the most brilliant per- 
 formance of his life. The Crown was ignominiously 
 defeated, and Sir Charles avenged. 
 
 Lord Campbell, who was present, describes the speech 
 of Wetherell as abrupt and declamatory, and says that it 
 did not /carry with it the sympathies of the jury, who 
 would, probably, have returned an unpropitious verdict 
 had he not been followed by another counsel more 
 calm, persuasive and successful. This was Serjeant* 
 Copley, afterwards the renowned leader of the House 
 of Peers as Lord Lyndhurst. 
 
 Watson's case is, therefore, worthy of particular re- 
 membrance amongst lawyers, as it proved the stepping- 
 stone by which this eminent member of the profession 
 crossed- over from the region of brieflessness into the 
 Goshen of lucrative practive, professional honours, the 
 
NOTE BY EDITOR. 65 
 
 woolsack and the peerage. Lord Campbell, who possibly 
 had himself tried most of them, says there are four, and 
 only four, ways in which a. young man may get on at 
 the Bar: — 1. By Hugger J^ 2. By writing a Law 
 Book (or by editing Law Reports?) 3. By Quarter 
 Sessions. 4. By a Miracle. John Singleton Copley 
 had been thirteen years at the Bar, and in the thirty- 
 second of his age, before any of these ways of 
 advancement opened to him. He was too much of 
 a gentleman to flatter the attorneys or court their 
 clerks, authorship and probably Law Reporting he held 
 in contempt. At Quarter Sessions he had tried his 
 hand with moderate success, limited to a county, and 
 it did not secure him business when the assizes came 
 round, as he was apt to be postponed to juniors with a 
 London reputation as special pleaders. Watson's case 
 proved for him the miracle — the conjunction of the 
 opportunity of making a great speech in a popular 
 cause, with full ability on his part to improve the 
 advantage. Lord Campbell heard the speech with 
 great delight, and says he considered it one of the 
 ablest and most effective ever delivered in a court of 
 justice. It was a close chain of reasoning on the 
 evidence, rather than an impassioned harangue or an 
 oratorical display, so much so that to select passages 
 
66 SIR CHARLES WETHERELL. 
 
 apart from the whole, would convey little idea of its 
 merits. Among the listeneA was one more influential 
 and more impartial than Lord Campbell. Lord Castle- 
 reigh heard the speech, and said that if Serjeant Copley- 
 had been for the Crown the prosecution would have 
 succeeded. He expressed a wish that he might never 
 be counsel against the Crown again, and, like a wise and 
 sensible man, took immediate steps to secure the services 
 of the accomplished advocate, for the Government. Ser- 
 jeant Copley accepted the offer to the great advantage 
 of himself, of the party he joined, and of the public. 
 What Lord Campbell saw in this that was " unprin- 
 cipled " or an " utter sacrifice of character for political 
 consistency" is hard to conceive. What foundation 
 he had for the grievous imputation that Serjeant 
 Copley, in 1817, entertained opinions much the same 
 as those professed by the prisoner — savouring of revo- 
 lution and treason — he has not condescended to 
 state ; it may have been the mere gossiping slander 
 of the town, every scrap of which he has preserved 
 for posthumous distribution, so that, from his grave 
 he might asperse the memories of the illustrious 
 dead, and disparage, if he could not dishonour, 
 the reputation of the friends that survive. The 
 charge of political tergiversation is easily made—- 
 
NOTE BY EDITOR. 67 
 
 ■witness Sir James Scarlett, Sir James Mackintosh, Lord 
 Plunket, all of whom, with probably equal injustice, 
 have been libelled as waverers or deserters from their 
 early colours. Judge any man, whose youthful im- 
 pressions are sufficiently vivid and vigorous to be 
 noticed, by his warm admiration of the heroes of 
 Greece or Rome, or the successful issues of the 
 French or American Revolutions, and at a future 
 time, when the sober realities of life have convinced 
 him how little applicable are the principles of his 
 heroes to the actual condition of his country, and, 
 while still perhaps retaining some remnant of his boyish 
 fancy and admiration, he declines to put into practice 
 the romantic theories of his youth, and brand him as a 
 revolutionist and a renegade, and the charge is unjust. 
 Sir John Campbell's absence of imagination may have 
 saved him from the weakness of hero-worship; but 
 there were men as honourable and as loyal as himself 
 who may have been captivated by the extraordinary 
 genius and romantic exploits of Napoleon Bonaparte. 
 
 Mr. Wetherell entered Parliament in 1820, as Mem- 
 ber for the City of Oxford. In 1824 he was made 
 Solicitor-General in the administration of Lord Liver- 
 poolj with Sir John Copley, Attorney-General. In 
 
 r2 
 
68 SIK CHARLES WETHERELL. 
 
 1826 Copley became Master of the Rolls, and Sir 
 Charles succeeded to the office of Attorney-General. 
 
 When that good old Tory, the Earl of Liverpool, was 
 obliged to resign the reins into the hands of the 
 dreaded innovator, George Canning, Sir Charles, with 
 the majority of the Tory Ministers, including the Duke 
 of Wellington and Peel, withdrew. Sir Charles was 
 succeeded by Sir James Scarlett, and returned to office 
 with the Duke in the following year, 1828. But his 
 possession was short. The King apologetically in- 
 formed Lord Eldon, that when the Duke's administra- 
 tion was formed, no reason was given to the King to 
 suppose that the Cabinet had in their contemplation 
 anything like a Bill for Catholic Emancipation, but that 
 after some time he was applied to to allow Ministers to 
 to submit to Parliament a measure on that subject, to 
 which the King says he consented so far that the " Pro- 
 testant members of his Cabinet, */ they could so per- 
 suade themselves, might join in such a representation to 
 him." When Parliament met, the speech from the 
 throne invited the consideration of the removal of the 
 disabilities of Roman Catholics, and whether it was 
 consistent with the full and permanent security of 
 our Establishments in Church and State and with 
 the maintenance of the reformed religion established 
 
NOTE BY EDITOR. 69 
 
 by law, and the rights and privileges of the Bishops 
 and Clergy of the realm, and of the churches com- 
 mitted to their charge. 
 
 Sir Charles Wetherell was one of those who could 
 not persuade themselves of this, and, holding the ofBce 
 of Attorney-General, he manfully, if not wisely, de- 
 clined to have anything to do with the Bill. More 
 than this, he made the most impassioned harangue in 
 Parliament against the Ministry, especially the Lord 
 Chancellor (Lyndhurst) and Mr. Peel. In one passage 
 of his speech he said : " He was asked to draw this 
 Bill. He would not condescend to stultify himself by 
 the composition of such a Bill. They might have 
 turned him out of office, but he was not to be made 
 such a dirty tool as to draw that Bill. He cared little 
 for being attacked. He had no speech to eat up— no 
 apostacy to explain. He had no paltry subterfuge to 
 resort to. He had not to say that a thing is black one 
 day, and white another. He was not in one year a 
 Protestant Master of the Rolls, and in the next a 
 Catholic Lord Chancellor. He would rather remain as 
 he was, the humble Member for Plymton, than be 
 guilty of such apostacy — such contradiction— such 
 unexplainable conversion — such miserable and con- 
 temptible apostacy." 
 
70 SIR CHAKLES WETHERELL. 
 
 The speech was delivered in Sir Charles's impetuous 
 and eccentric manner. It prSduced great sensation in 
 the House and throughout the country. 
 
 It is needless to say that he immediately resigned his 
 office of Attorney-General, and did not wait for the 
 exercise of the Duke's stern discipline, as adminis- 
 tered on a similar act of insubordination toward Mr. 
 Huskisson. Sir James Scarlett, as we have stated before, 
 became his successor. Sir Charles paid the penalty for 
 his sincerity, and never again put his foot on the ladder 
 of promotion. His protest against the passing of the 
 Catholic Relief Bill was in vain. The measure was 
 just and necessary, and, therefore, howsoever present 
 appearances may be to the contrary, must have 
 been wise. It cannot be denied 'that the appre- 
 hensions and prognostications of Lord Eldon and of 
 Sir Charles Wetherell, as regards the consequences of 
 the measure, in its bearing on " the maintenance of 
 the reformed religion as established by law," however 
 fanatical or exaggerated they may have seemed at the 
 time, have been realised and verified too closely by 
 past ahd passing events, not to -afford ample vindica- 
 tion of the consistent course which these men honestly 
 pursued. It was not their fault that justice was tardy 
 and thirty years too late. 
 
NOTE BY EDITOR. 71 
 
 Another parliamentary performance of Sir Charles, 
 full of the characteristics of the man, is given from 
 the pen which traced the foregoing sketch. It describes 
 a scene that occurred in the House of Commons, shortly- 
 after the introduction of the Reform Bill (March, 
 1831), when the writer happened to be present: — 
 
 " Shortly after we entered the House, Sir Charles 
 Wetherell started up with a ludicrous gesture, which, 
 to the delight of all who love merriment, caught the 
 eye of the Speaker. Sir Charles was evidently big 
 with utterance ; his commencing " Sir ! " was the grate- 
 ful expression of an overcharged mind; and, within 
 two minutes after rising, he had thrown himself, body 
 and soul, into his subject. His tones were unusually 
 loud; his body unusually distorted. He told the 
 House facetiously that he considered himself in the 
 unhappy predicament of rising to make his last dying 
 speech; and, in truth, his strange convulsions of 
 feature and figure savoured strongly of such a con- 
 summation. His speech was another version, adapted 
 merely to the circumstances, of what he has delivered 
 on repeated occasions. We had the crambe recocta of 
 Peel and Co., in the shape of Althorpe and Co.; that 
 of the " expiring Attorney-General," served up in the 
 shape of the "dying Member for Boxoughbridge ; " 
 
72 SIE CHARLES WETHERELL. 
 
 that of " Magnum latrooinmm," learnedly translated 
 into "Corporation robbery.* Sir Charles's phrases 
 seem, in his own opinion, too refined and facete, too 
 pleasant and witty, not to be occasionally revived, 
 too generally applicable not to deserve and bear repe- 
 tition ; and, indeed, the House seemed to participate in 
 the last notion, for loud peals of laughter accompanied 
 the learned member through almost each sentence. 
 This, to be sure, might be a tribute to the singular 
 exhibition made by the gesticulating lawyer in the 
 apparent character of pantaloon. His face turned to 
 the Bar — his back to the Speaker — ^his clenched fist 
 now hurled over at the ministerial benches, as if to 
 destroy the noble " military deputy of the popular, 
 amorphous, united, iinanimous, and consolidated cabi- 
 net ; " and now struck with appalling vehemence on 
 the table; his body bent forward till almost double, 
 and then bent, in nearly an equal degree, backward ; 
 his arms swinging to and fro, like the sajls of a wind- 
 mill; and his mouth, after the fashion of Dominie 
 Sampson, grinning like an ogres — all this presented a 
 picture which, we venture to say, could not have been 
 ec[ualled even in Astley's amphitheatre. Not to have 
 applauded such a meritorious actor, would have been 
 base ingratitude, and accordingly the House reverbe- 
 
NOTE BY EDITOR. 73 
 
 rated with a just tribute of cheers and laughter. The 
 Speaker, with his glass, to his eye and his handkerchief 
 to his face, enjoyed himself especially. To give a 
 sample of the speech would be vain ; it was one, after 
 a boroughmonger's own heart ; the result of a problem 
 as to how large a number of expressions, with as little 
 meaning as possible, might be crammed together in the 
 space of an hour and a-half. Confusing, by its wordi- 
 ness, and anon relieving by its quaintness and absurdity, 
 it afforded no tangible point to the enemy, but rang 
 numberless changes on a certain number of hacknied 
 phrases, spiced by medicinal allusions — such as " Rus- 
 sell's purge," which epithet, accompanied by an action, 
 extravagant, beyond aU human belief, seemed to throw 
 several honourable members into hysterics. There was 
 one passage, however, which we are tempted to afford 
 our readers ; it is a fair specimen of the oratory of the 
 learned gentleman ; it told irresistibly on the House ; 
 and is, moreover, a still better specimen of the repeti- 
 tion of stale jokes, which seem never wearying to the 
 refined intellects composing our " collective wisdom." 
 " I should like to hear. Sir," said the waggish Sir 
 Charles, with a grin of defiance at the ministerial 
 bench, " how the Right Hon. the First Lord of the 
 Admiralty — that worthy limb of this amorphous body, 
 
74 SIR CHARLES WETHERELL. 
 
 ■which has had the presumption to propose this confis'- 
 catorj, compendious, and Cromwellian measure; I 
 should like to see," he continued, starting from his 
 original form of speech, " I should like to see the 
 worthy and unanimous baronet on the hustings of 
 Carlisle — (" Cockermouth," shouted several honorable 
 members). Well, Carlisle or Cockermouth, I don't 
 care which — I'm not a North-countryman, and I don't 
 understand or care about these geographical matters ; 
 but there we have the Right Hon, Sir James, the First 
 Lord, on the hustings, and up comes one of his agri- 
 cultural constituents, who, as I dare say, many 
 country members know, have a great deal of radical 
 — I don't use that word. (turning round to Hunt, who 
 sat just behind him) in a sarcastic but in a logical 
 sense, though, at the same time, sarcastic (loud laugh- 
 ter.) Well, now. Sir James (and here Sir Charles, 
 amidst loud laughter, threw himself into a loose atti- 
 tude, as though imitating the easy confidence of the 
 farmer), what have you done for us? Ye have taken 
 off the malt tax !' ' No,' quoth the Right Honourable 
 Baronet ; (and the orator assumed the affected though 
 manly appearance of Sir James Graham.) ' No,' quoth 
 the farmer, ' then ye have taken off the assessed taxes ?' 
 ' No ;' again quoth the Right Hon. the First Lord of 
 
NOTE BY EDITOR. 75 
 
 the Admiralty ' the House of Commons would not let 
 me do that.' ' Then,' again quoth the radical farmer, 
 rather a troublesome customer, ' What the devil have 
 ye done ?' ' Why, now, I'll tell you what,' quoth the 
 Right Hon. the First Lord of the Admiralty, in his 
 most insinuating tone — and we know what he can he 
 when he likes— 'I'll tell you what; I've not cut off the 
 malt tax, nor the hop tax, nor the assessed taxes ; the 
 fact is, my friend, they would not allow me to do that ; 
 but I'll tell you what I've cut off for you — I've cut 
 off sixty-two members!'" At every pause in this 
 ludicrous display, accompanied as it was with gestures 
 which set everything at defiance, the house shook with 
 laughter." 
 
 In the latter part of the same year (October,. 1831), 
 Sir Charles again appeared as the petrel in the storm. 
 He was Recorder of Bristol — and his reform speech 
 had rendered him unpopular there, but. with charac- 
 teristic courage, and disregard of consequences, he 
 entered the city during the ferment and fervour of 
 that agitation with unnecessary show and state. The 
 celebrated Bristol riots ensued, the Mansion-house was 
 first stormed, then burned, together with the Custom- 
 house, and Sir Charles narrowly escaped by a back 
 door, and so evacuated the city. 
 
76 SIK CHARLES -VVETHERELL. 
 
 Immediately after the dissolution, which followed 
 the passing of the Reform* Bill, Sir Charles retired 
 from Parliament and public life, and devoted himself 
 to the pursuit of his profession. In this he amassed 
 a considerable fortune, and purchased large landed 
 estatesi It was when returning from visiting one of 
 his estates near Maidstone, which he had recently 
 purchased, that he was accidentally thrown from his 
 carriage, and suffered a concussion of the brain. He 
 died in. a few days afterwards (on the 17th August, 
 1846,) in the 76th year of his age, and was interred 
 in the Benchers' Vault of the Inner Temple.* 
 
 * Lord Campbell describes Sir Charles Wetherell as a high-minded 
 but furious ultra-Tory (Life of Lord Lyndhurst, p. 16). Sir Charles 
 Wetherell, at a social dimier party, at which Lord St. Leonards was 
 present, with much humour sketched the characters of several of the 
 guests, and he thus addressed Lord Campbell : " Then there is my 
 noble and biographical friend who has added a new terror to death." 
 (Misrepresentations in Lord Campbell's Lives, by Lord St Leonards, 
 p.l). 
 
SIR JAMES MACKINTOSH. 
 
 July, 1830. 
 
 Few men have appeared before the world in so many 
 different characters, as the subject of this sketch, and 
 fewer still have engaged in pursuits so varied and 
 opposite, achieving in each, a remarkable success. To 
 pourtray the character of a mere lawyer, be he ever so 
 eminent, might be an easy matter ; on he moves in the 
 beaten track, believing it would be perilous to his 
 interests to swerve from the accustomed course, 
 and dangerous to his black-letter reputation, to 
 aspire to the character of the philosopher or statesman. 
 The task is different when we approach a man dis- 
 tinguished as an author, a senator, an orator, a 
 philosopher, and a judge. The fame which Sir James 
 Mackintosh has acquired in any one of these pursuits, 
 might be enough to swell the pride, or satisfy the 
 ambition of an ordinary man. The utmost which can 
 be given in these pages, is a mere outline of his 
 
78 SIR JAMES MACKINTOSH. 
 
 character ; to do ample justice to his merits will be 
 the duty of the biographei^ for whose labours on a 
 comprehensive scale, the life of this eminent person 
 will supply abundant materials, and long may it be 
 before he is called upon to use them. 
 
 Sir James Mackintosh was educated at Edinburgh, 
 and brought up originally to the medical profession ; it 
 is a remarkable circumstance, that the first production 
 of his pen which attracted notice, was a medical thesis 
 delivered by him fifty years ago. My legal readers 
 would doubtless be startled at the idea of devoting 
 some years to the acquisition of medical knowledge, 
 as an introduction to the lighter study of the law. 
 There is little fear of the practice becoming general. 
 Fortunately for his fame, he abandoned the medical 
 profession, and directed his attention to legal studies. 
 He had a small patrimony, but no powerful friends to 
 force his progress up the hill of fame and honor. This 
 was, perhaps, the most lucky circumstance in his life ; 
 rank and wealth often produce the worst effects on the 
 understanding ; they remove that necessity, which isj 
 after all, the great stimulus to severe and incessant 
 mental labour ; the education, also, which men of high 
 rank generally receive, teaches them to rely upon the 
 assistance of others, rather than on the vigorous* 
 
SIR JAMES MACKINTOSH. 79 
 
 exertion of their own faculties. Great occasions call 
 forth great men ; — the period of the French revo- 
 lution, teeming with astonishing events, afforded 
 an ample field for the exertions of genius. Edmund 
 Burke, " clarum et venerabile nomen," stemmed 
 the torrent of revolutionary fury, which threatened 
 in its destructive course, to sweep away whatever 
 was sacred and venerable upon earth — his reflec- 
 tions seized at once the attention of mankind; they 
 achieved what armies could not accomplish, for 
 they worked a counter-revolution in the minds of 
 men. Political adversaries branded the " Reflections " 
 with the epithet " declamation ;" but the public were 
 more convinced by the strength of the reasoning, than 
 dazzled by the splendour of the diction. To enter 
 the lists against an opponent such as Burke, required 
 courage and ability rarely to be met with. Sir J. 
 Mackintosh, then unknown, grappled in the exciting 
 field of politics with the giant of literature, and 
 escaped from the struggle, not only without defeat, 
 but with success. The " Vindicise Gallicse" evinced 
 an honest and a manly purpose; the opinions of Burke 
 were controverted with eloquence and spirit, and the 
 cause of the revolution defended with consummate 
 boldness. It is high praise to say, that when the 
 
80 SIR JAMES MACKINTOSH. 
 
 " Reflections" and the Reply are perused in succes- 
 sion, the reader would scarSely suppose the latter was 
 the production of an inferior man* The successful 
 reception of the work, raised his name, and obtained 
 for him a character and literary reputation. About 
 that time there existed a debating club in London, of 
 which the present attorney-general (Sir James Scarlett) 
 and Mr. Perceval were members. Captivated by the 
 " Vindicise Gallicse," Sir J. Scarlett sought the acquaint- 
 ance of Mackintosh, and introduced him as a member 
 to the society ; and thus had the merit of bringing the 
 subject of our sketch into contact with some of the most 
 
 * Prior, in his life of Burke, alluding to the different repUes 
 published to the Reflections, obserres : — " The Vindicise Gallicse 
 alone, was the production of a' more sober inquirer, a scholar and 
 a gentleman, who, though he then wrote upon politics with the 
 dim flickering light of a closet philosopher, has since learned to judge 
 and to act in a, more' practical spirit, chiefly by the teaching of that 
 very master, whom he had ventured to oppose. Even from the first, 
 however, he exhibited the confidence in himself of one who could 
 afford to be at once bold and liberal in his opposition to the great 
 orator, — who could advocate what he thought freedom to others, 
 without madly assaulting the foundations of our own, — such a man 
 was, and still is, Sir James Mackintosh, a statesman of the first class, 
 who if not at the head of the party with whom he has so long and so 
 vainly laboured, is certainly not justled from it, by any thing Uke 
 superiority of mind among its more acknowledged leaders." 
 
SIR JAMES MACKINTOSH. 81 
 
 eminent men of the day.* Mackintosh now became a 
 public man, increasing daily in character and reputation, 
 and of literary fame he appeared to be most covetous. 
 His intimate acquaintance with the ponderous volumes 
 of the continental writers on jurisprudence, and his 
 . knowledge of international law, as extensive as it was 
 minute, he resolved to communicate to the world in the 
 popular shape of lectures; and with this purpose deli- 
 vered an introductory discourse on the law of nature and 
 of nations, which for clearness of reasoning, and beauty 
 of language, has rarely been surpassed. The charac- 
 ters and pretensions of the different writers on this 
 interesting but neglected science, were discussed with 
 calmness and ability, and the temperate philosophical 
 spirit which it breathed, proved that truth alone could 
 have been the object of the author. Of the elegance 
 of his descriptive powers, some idea may be formed 
 
 * Of Sir James Scarlett it may be mentioned, that he has ever 
 cultivated with assiduity the society and friendship of the most 
 scholarlike members of the bar, by whom his abilities could be best 
 appreciated, and his interests most readily promoted. Through the 
 same channel Mackintosh obtained a seat in the legislature, and 
 undoubtedly it redounds to the honor of Sir J. Scarlett, that at a 
 time when he could not possibly have been influenced by any sinister 
 motive, he exerted himself on behalf of one known to him only by his 
 integrity and genius. 
 
 a 
 
82 SIR JAMES MACKINTOSH. 
 
 from the eulogium which he pronounces upon the 
 founder of his favourite science : — " So great is the 
 uncertainty of posthumous reputation, and so liable is 
 the fame even of the greatest men to be obscured by 
 those new fashions of thinking and writing, which 
 succeed each other so rapidly among polished nations, 
 that Grotius, who filled so large a space in the eye of 
 his contemporaries, is now perhaps, known to some of 
 my readers only by name. Yet, if we fairly estimate 
 both his endowments and his virtues, we may justly 
 consider him as one of the most memorable men who 
 have done honour to modern times. He combined the 
 discharge of the most important duties of active and 
 public life, with the attainment of that exact and 
 various learning, which is generally the portion only 
 of the recluse student. He was distinguished as an 
 advocate and a magisti;ate, and he composed the most 
 valuable works on the law of his own country; he was 
 almost equally celebrated as an historian, a scholar, a 
 poet, and a divine, a disinterested statesman, a philoso- 
 phical lawyer, a patriot who united moderation with 
 firmness, and a theologian, who was taught candour 
 by his learning. Unmerited exile did not damp his 
 patriotism ; the bitterness of controversy did not 
 extinguish his charity. The sagacity of his numerous 
 
SIR JAMES MACKINTOSH. 83 
 
 and fierce adversaries could not discover a blot on his 
 character, and in the midst of all the hard trials and 
 galling provocations of a turbulent political life, he 
 never once deserted his friends when they were weak. 
 In times of the most furious civil and religious faction, 
 he preserved his name unspotted, and he knew how to 
 reconcile fidelity to his own party, with moderation 
 towards his opponents." That Mackintosh did not 
 publish his series of lectures has been matter of 
 ^lniversal regret ; no man was so competent to do 
 justice to the subject, for, like Sir William Jones, 
 " regarding the law as a science, he commenced the 
 study of it on a wide and liberal scale. He compared 
 the systems of ancient times with those of modern 
 adoption, and with infinite labour he examined and 
 collated the various codes of modern Europe." Sir 
 William Jones had formed the plan of writing a 
 treatise on each separate subject of the law of 
 England, filling up the sketch which Blackstone . had 
 so ably traced. His incomparable Essay on Bailments, 
 may possibly be rivalled, .but can never be excelled. 
 Had these enlightened men accomplished their inten- 
 tions, doubtless they would have given to the world, 
 works worthy of being ranked with the productions 
 of our most eminent legal text writers. Scholarlike 
 
 G 2 
 
84 SIR JAMES MACKINTOSH. 
 
 lawyers are growing into disrepute; the knowledge of 
 cases is substituted for the knt)wledge of principles, deep 
 and various learning is now an unnecessary and dan- 
 gerous acquirement, and a reputation for oratory may 
 render a junior suspected by the attornies. The works 
 of science are forsaken for the books of practice, and 
 an apprenticeship with a pleader is the surest road to 
 ambiguous fame. The necessity, however, of a liberal 
 education is still ably maintained by one who unites 
 in his own person, a profound knowledge of the law, 
 with the polite accomplishments of the scholar.* 
 
 * " The object of a lawyer's acquaintance with the abstract sciences, 
 and the writers of antiquity, is to learu to think with propriety, and 
 to act with magnanimity, in the circumstances of life in which his 
 profession may place him, and to acquire the art of expressing his 
 sentiments with precision, simplicity, and good taste. It is not to 
 excel in the legerdemain of the analyst, or to acquire a pre-eminent 
 
 knowledge of tongues. Constituted as the 
 
 system of academical education at present is, the future lawyer is 
 employed at the university during the period of life usually spent 
 there, in a manner infinitely more advantageous, than in the receptacles 
 of an attorney's, or a special pleader's office, where the arts of litigation, 
 and not the precepts of justice are inculcated. In the xiniversities, 
 the student will find leisure and encouragement to prepare himself for 
 the exercise of his profession, by climbing up to the " vantage ground," 
 so my lord Bacon calls it, of science instead of grovelling all his life 
 below, and finishing his mean though gainful career, by ultimately 
 attaining to the character of the pettifogger, described by Cicero, 
 
SIR JAMES MACKINTOSH. 85 
 
 Pitt was present at Sir James Mackintosh's cele- 
 brated introductory lecture, and is believed to have 
 offered him the recordership of Bombay in conse- 
 quence. This appointment, coming from Pitt, gave 
 great distaste to Perry ("the late editor of the Morning 
 Chronicle), and Doctor Parr, who vented his spleen by 
 spreading a foul calumny against the character and 
 honour of Sir James Mackintosh. Parr's memorable 
 reply to Sir James, when indiscreetly vehement in 
 his denunciations of O'Quigley, who was tried with 
 Arthur O'Connor, and executed for high treason, 
 shows the feeling he must have entertained towards 
 him. " Sir," replied this unceremonious disciple of 
 the Johnsonian school, " he was a priest, he might 
 have been a lawyer; he was an Irishman, he might 
 have been a Scotchman; he was a traitor, he might 
 have been an apostate." When, on Sir James's return 
 from India, he was offered a place in the ministry by 
 Perceval, and refused it, principally on the ground of 
 the Catholic question. Parr warmly admired him for 
 his honesty, and regretted what he had said and done 
 against him. And thus it is with other men as well as 
 
 ' Leguleiufl quidam cautus, et acutus praeco actionum ; cantor formu- 
 larum, auceps syllabarum.'" — Note to Fortescue, by Professor Amos. 
 
86 SIR JAMES MACKINTOSH. 
 
 Doctor Parr; to gratify a pique, or their own ground- 
 less prejudices, they do nat hesitate to asperse the 
 purest character, and afterwards endeavour to atone 
 for their injustice and falsehood, by a late and un- 
 availing repentance. The subject of this sketch, 
 though frequently employed before committees of the 
 House of Commons, on election cases, never enjoyed 
 extensive practice, or high reputation as a lawyer; 
 unacquainted with technicalities or practical details, he 
 was, no doubt, intimately conversant with the history 
 and principles of our law. His mind delighting in wide 
 ■ and expanded views, fitted him rather to discharge the 
 nobler duties of an enlightened senator, than for the 
 employments of a practising barrister. 
 
 His reply to Burke acquired for him so much popu- 
 larity and fame, as to induce Peltier, a French refugee, 
 when prosecuted, in 1803, for a libel on Buonaparte, to 
 select hiin as his counsel. This was exactly the subject 
 suited to. the development of Sir James Mackintosh's 
 peculiar talents ; he seems to have been on the 
 look out for such an opportunity, and to have been 
 prepared for a display whenever it might occur. 
 It was, upon the whole, splendid; not as a speech, 
 but as an essay : — he showed a deeper knowledge of 
 politics than of law; took a comprehensive survey 
 
SIR JAMES MACKINTOSH. 87 
 
 of the conditions of the different states of Europe ; 
 describing, in animated colours, the horrors produced 
 by the grasping ambition of the French, and the 
 enormity of their offences against the liberties of 
 mankind. Peltier was totally forgotten; it was not 
 the advocate who spoke, but the statesman who 
 delivered a lecture. Unlike the vivid appeals of 
 Curran — who never, in the moments of his highest 
 excitation, forgot the interests of his client; never 
 wandered merely to embellish, and who contrived to 
 make his illustrations more touching than his serious 
 eloquence, and more convincing than his arguments ; 
 he held up the subject closely to the minds of his 
 jurors, and, as truth and nature prompted, endeavoured 
 to delight, to terrify, or to persuade. He was infinitely 
 superior to Mackintosh, as a forensic orator, however 
 inferior to him as a writer of essays; he would not 
 have dragged the jury round the world, requiring 
 them to examine into systems of government, and to 
 discuss their relative merits, with metaphysical nicety ; 
 but would have bound them to their own country, and 
 fastened their attention upon scenes near at hand, daily 
 and hourly passing around them. The English bar 
 are, by no means, unanimous in thinking that Sir 
 James's celebrated oration, was judicious; they seem 
 
08 SIR JAMES MACKINTOSH. 
 
 to think that his desire for display operated inju- 
 diciously to the interests of h^ client. That many of 
 the descriptions, as, for example, his narrative of the 
 invasion of Switzerland, are beautiful, no man of taste 
 or feeling would venture to deny. It should likewise 
 be remembered, that Lord EUenborough, the presiding 
 judge, a man of as large mind, and as correct taste, as 
 ever did honour to the English bench, and who never 
 indulged in false and unmeaning compliments, pro- 
 nounced the highest eulogium on this oration. The 
 concluding passage, more than any other, was calcu- 
 lated to rouse the feelings, and the pride of English- 
 men. It was as follows : — 
 
 " In the court where we are now met, Cromwell twice 
 sent a satirist on his tyranny to be convicted and 
 punished as a libeller, and in this court, almost in sight 
 of the scaffold, streaming in the blood of his sovereign, 
 within hearing of the clash of his bayonets, which 
 drove out parliaments with contumely, two successive 
 juries rescued the intrepid satirist from his fangs, and 
 sent out with defeat and disgrace the usurper's attorney- 
 general, from what he had the insolence to call his 
 court ! Even then, gentlemen, when all law and liberty 
 were trampled under the feet of a military banditti ; 
 when those great crimes were perpetrated on a high 
 
SIR JAMES MACKINTOSH. 89 
 
 place, and with a high hand against those who were the 
 objects of public veneration, which more than anything 
 else upon earth, overwhelm the minds of men, break 
 their spirits, and confound the moral sentiments, obli- 
 terate the distinctions between right and wrong in the 
 understanding, and teach the multitude to feel no 
 longer any reverence for that justice which they thus 
 see triumphantly dragged at the chariot wheels of a 
 tyrant; — even then, when this unhappy country, 
 triumphant indeed abroad, but enslaved at home, had 
 no prospect but that of a long succession of tyrants 
 wading through slaughter to a throne; even then, I 
 say, when all seemed lost, the unconquerable spirit of 
 English liberty survived in the hearts of English jurors. 
 That spirit is, I trust in God, not extinct ; and if any 
 modem tyrant .were, in the drunkenness of his inso- 
 lence, to hope to awe an English jury, I trust and 
 believe that they would tell him : ' Our ancestors 
 braved the bayonets of Cromwell, we bid defiance to 
 yours. Contempsi CatilinoB gladios, non pertimescam 
 tuos!'" 
 
 The prophetic mind of Burke, whose knowledge of 
 history amounted to a power of predicting the future, 
 had foretold that the government of France would be 
 seized on by a military tyrant, and that the liberty of 
 
90 SIR JAMES MACKINTOSH. 
 
 the world would be assailed ; it might have occurred to 
 Sir James, that when detailing, in nervous language, 
 the rapid strides made by the French to severe and 
 universal despotism, in contempt of the faith of nations, 
 and the eternal principles of justice, he was pronoun- 
 cing the best reply to the " Vindicise Gallicse," and coin- 
 ciding in the justness of the views entertained by his 
 mighty opponent. 
 
 His judicial situation was uncongenial to his mind, 
 and he regarded the time spent in India as lost to his 
 literary life. Upon his return to England, he was 
 offered the chair of moral philosophy in Edinburgh, 
 now held by Professor Wilson ; this honourable employ- 
 ment he declined to accept ; preferring rather to indulge 
 his parliamentary ambition, and unwilling to resign the 
 homage that was paid to him at Holland-house, for the 
 charms of his conversation. It is, however, considered 
 by most people, and, I believe, by himself, that the 
 chair of moral philosophy would have been the station 
 in which his abilities would have shone forth most con- 
 spicuously ; there he might have displayed to a willing 
 and attentive audience, the stores of his learning, and 
 the variety and exactness of his knowledge.* 
 
 • Metaphysics have been his favourite study ; and his preface to a 
 
SIR JAMES MACKINTOSH. 91 
 
 His parliamentary career has been alike honorable to 
 himself, and beneficial to his country. Although he 
 has been stigmatized as a renegade, I have been unable 
 to discover that by any act of his political life he 
 ever deserted the party, which, in his youth, he had 
 espoused. 
 
 His most honest and persevering efforts to improve 
 the criminal law, have gained for him the approbation 
 of all impartial men. Actions are better than words ; 
 and the repeal of one obnoxious law, or the enactment 
 of one useful measure, will more certainly ensure a 
 lasting reputation, than whole volumes of speeches, be 
 they ever so brilliant and imposing. He followed the 
 course marked out by the illustrious Romilly, and has 
 enjoyed the , exquisite satisfaction of living to behold 
 the triumph of his principles, and to reap the reward 
 of his long and meritorious exertions. And when 
 extravagant eulogiums are lavished on Mr. Peel, it 
 ought, in justice, to be remembered, that by the 
 unwearied efforts of Romilly and Mackintosh, public 
 
 volume of the Encyclopaedia, after the manner of Bugald Stewart's 
 preface, relative to the progress of moral philosophy, in this country, 
 is considered, hy competent judges, to be the best thing he has ever 
 done. This preface is not yet published; forty copies only having 
 been distributed. (1830), 
 
92 SIR JAMES MACKINTOSH. 
 
 opinion was brought to bear upon the subject, and to 
 demand wise reforms, which could no longer, in 
 safety, be withheld. The minister who employs his 
 power to satisfy the pubUc voice, deserves high praise ; 
 but the higher praise is due to the men of superior 
 genius, who first commence the struggle against preju- 
 dices almost inveterate, and against errors consecrated by 
 antiquity, striking out the path to a wise and moderate 
 reform of a vicious system, into which men of more 
 humble pretensions, might venture, without the hazard 
 of going far astray. 
 
 It has been the practice to extol Sir James Mackin- 
 tosh as a parliamentary orator; but if we are to judge 
 of a speaker by the effect which he produces, he cannot 
 be ranked amongst those of the first class. Sir James 
 does not make that impression upon the house, which, 
 from his talents and experience, one might be led to 
 expect. His speeches in parliament are too philoso- 
 phical ; he states qualifications, and limitations, instead 
 of taking a broader, but direct and more intelligible 
 view of questions. Members regard him as one 
 who comes down to teach them, and are displeased 
 with his declamatory style, his pompops delivery, and 
 swelling diction. They consider that he has provided 
 himself with a speech well conned over, and committed 
 
SIK JAMKS MACKINTOSH. 93 
 
 to memory, and which, at all hazards, he is determined 
 to inflict upon them. Constituted as the House of 
 Commons now is, it must appear almost miraculous, 
 that Sir James Mackintosh is not more highly prized 
 for his senatorial eloquence — no man in the house has 
 more various and extensive knowledge ; and no man 
 prepares more sedulously on the subject under dis- 
 cussion : and when it is remembered that Sir Robert 
 Peel is said to be an orator, that Mr. Goulburn, par- 
 ticularly, is allowed to stammer on, and that Mr. 
 
 B is cheered by those whose only eloquence 
 
 consists in the repetition of the words " hear him, hear 
 him," the rank of Demosthenes should be allotted to 
 the subject of this sketch. However, in the language 
 of the lawyers, we have precedents for the compara- 
 tive failure of greater men than Sir James Mackintosh ; 
 Burke was not listened to ; he had even the soubriquet 
 of the dinner-bell, because there was a general rising to 
 depart when he began to discourse — this speaks volumes 
 as to the capacity and judgment of the then " collec- 
 tive wisdom" of the nation, demonstrating a proposition 
 that the most credulous might be disposed to doubt, 
 namely, that towering genius, extraordinary learning, 
 and unrivalled powers of language, are not necessary 
 to the formation, and may be prejudicial to the fame 
 
94 ' Sm JAMES MACKINTOSH. 
 
 of a parliamentary orator. The senators want facts, 
 and have not time to investigate metaphysical subtleties : 
 in the way of facts, they <;an take the most exquisite 
 enjoyment in listening to Mr. Hume ; he can always 
 inform them of the exact price of soap, leather, beer, 
 and candles, and will not offend their ears by gram- 
 matical accuracy, by elegance of language, or any 
 troublesome philosophical reflection. Posterity, how- 
 ever, does justice to the merits of men, the people who 
 refused to listen to Burke, are all forgotten, as they 
 ought to be, whilst his fame will be had in everlasting 
 remembrance. 
 
 In personal appearance Sir James Mackintosh is 
 plain; of the middle stature; neither dignified nor 
 commanding ; his voice is a little harsh, and his accent 
 still savours of the Scotch ; he speaks with emphasis 
 and clearness; his action is graceful, and for so old a 
 man, surprisingly energetic. Those who have heard 
 him denouncing Don Miguel, were convinced that his 
 advancing years have not weakened his intellect, nor 
 deprived him of the fire and eloquence of youth ; that 
 he can still feel warmly, and speak strongly ; and that 
 his heart beats high as ever with honest indignation, 
 in exposing the offences, committed by the great 
 villains of the world, against the liberties of mankind. 
 
SIR JAMES MACKINTOSH. 95 
 
 Sir James Mackintosh has adhered with fidelity to 
 his party — no small merit in these days of political 
 tergiversation. Had he chosen to forsake the friends 
 of his youth, and to join the Treasury bench, he would, 
 doubtlessly, have been received with acclamation, and 
 loaded with favours. 
 
 *He enjoys, as might be expected, the most en- 
 lightened society in England ; his conversation is 
 neither declamatory nor dictatorial ; he makes no 
 parade of his learning ; his temper is cheerful, and his 
 manners mild and unassuming. 
 
 The scenes in which he has borne a part, will per- 
 petuate his name, a name endeared to us by the recol- 
 lection of those who were the friends and rivals of his 
 youth ; men who, in sober earnest, have no equals now 
 — the strength and logic of Pitt, the energy of Fox, 
 the brilliancy of Sheridan, and the sublimity of Burke, 
 are no where to be found — " the age of sophists and 
 calculators is come." Sir James Mackintosh, verging 
 towards the age of " three score years and ten." 
 may well be pronounced ultimus Romanorum, the 
 last of the illlustrious men who instructed senates, 
 enlightened nations, and dazzled mankind by the 
 splendour of their genius. His political opponents, 
 considering him merely as an author and a scholar. 
 
96 SIK JAMES MACKINTOSH. 
 
 will find enough in his character to honor and 
 admire. • 
 
 NOTE . BY EDITOE. 
 
 April, 1870. 
 
 The genial sketch of Sir James Mackintosh was 
 written when the subject of it had passed the meridian 
 of life, and was rapidly approaching towards what may- 
 be regarded as an untimely close. He survived its 
 publication for the short space of two years, and died 
 in the full splendour of his well-earned reputation. 
 Sir James was called to the English Bar in 1 795, and 
 appointed lecturer at Lincoln's Inn in 1799. Here he 
 delivered the course of lectures on the Law of Nature 
 and of Nations, not to students only, but to peers, 
 ministers of state, members of Parliament, eminent 
 judges, and the most distinguished men of letters of 
 the day. Of these lectures all that remains is this 
 preliminary essay. Its lucidity, beauty, and eloquence ' 
 naturally attracted the mind of an enthusiastic student, 
 such as Mr. Whiteside. It seems to have almost be- 
 witched the impressionable mind of Thomas Campbell, 
 and betrayed him into language bordering on the ex- 
 travagant, even though coming from a poet. He says 
 
NOTE BY EDITOR. 97 
 
 of it: — "If Mackintosh had published nothing else 
 than this ' Discourse,' he would have left a perfect 
 memorial of his intellectual strength and symmetry; 
 and even supposing that that essay had been recovered 
 only imperfect and mutilated — if but a score of its 
 consecutive sentences could be shown — they would 
 bear a testimony of his genius as decided as the bust 
 of Theseus bears to Grecian art among the Elgin 
 marbles." 
 
 A very excellent specimen of the essay is given in 
 the passage on the character of Grotius, extracted in 
 the sketch. I venture to add another, the concluding 
 sentence of the essay, which might be taken to be 
 descriptive of ,the character of Mackintosh himself: — 
 " To discern one new link of that eternal chain by 
 which the Author of the universe has bound together 
 the happiness and the duty of His creatures, and indis- 
 solubly fastened their interests to each other, would 
 fill my heart with more pleasure than all the fame with 
 which the most ingenious paradox ever crowned the 
 most ingenious sophist." 
 
 In the field of general literature Sir James Mackin- 
 tosh was, probably, the superior of Macaulay as a critic 
 and essayist. His political essays, published in the 
 '^Edinburgh Review, and afterwards collected, are welj 
 
98 SIR JAMES MACKINTOSH. 
 
 known ; but some of his compositions, thrown off 
 during his homeward voyage from India, and given 
 in the biography of his son, are, perhaps, not so gene- 
 rally remembered. They contain beautiful pencil 
 sketches of eminent, literary, and political men, in- 
 cluding Hume, Johnson, Wilkes, Lord Mansfield, 
 Swift, Somers, Franklin, Sheridan, Louis XIV.* His 
 journal also contains what every scholar must 
 acknowledge to be a most interesting and critical 
 review of the progress of the English language, as 
 regards composition and style, from the earliest to its 
 latest periods. 
 
 Sir James Mackintosh has left us an abbreviated his- 
 tory of England apd a fragment of the history of the 
 French Revolution ; but in neither of these has the per- 
 formance been generally deemed altogether successful. 
 He wanted the gift of narrative — the faculty of deve- 
 loping events in a regular and attractive series, having 
 regard not only to their consecutive order, but to their 
 relative importance and mutual bearings, as cause and 
 effect, on each other. However, he did good service 
 to history in that, the papers which he collected, in- 
 tending to use them in a more extensive work, have 
 
 * See Life of Sir James Mackintosh, by his son, vol. 2, p. 173. 
 
NOTE BY EDITOR. 99 
 
 been, on his death, handed over to Macaiilay, and form 
 no inconsiderable constituent of his charming history. 
 Lord Macaulay acknowledges the obligation frankly — 
 " I have never seen, and I do not believe, there 
 anywhere exists within the same compass so noble a 
 collection of extracts from public and private ar- 
 chives." 
 
 But the literary reputation of Mackintosh with pos- 
 terity will, probably, rest chiefly on his dissertation on 
 the Progress of Ethical Philosophy, prefixed to the 
 Encyclopaedia Britannica, and since published in a 
 separate form by Dr. Whewell. Lord Abinger tells 
 us that Sir James often said of himself — that he was 
 bom to be the professor of a university. He adds: — 
 " Happy and for ages celebrated would have been the 
 university which had possessed him." 
 
 The Discourse, written amidst the distractions and 
 pre-occupations incident to political life, develppes the 
 extraordinary powers of mind, the breadth of view, 
 tolerance, and impartiality of Mackintosh. It is also 
 remarkable for the kindly and cordial recognition of 
 the merits ■ of our fellow-countrymen, Hutcheson and 
 Berkeley, who were early pioneers in this field of 
 ethical philosophy. 
 
 He correctly accredits Hutcheson with having been 
 
 H 2 
 
100 SIR JAMES MACKINTOSH. 
 
 the propounder and expositor of a philosophy of mind 
 more noble than that of • Shaftesbury or Hume — 
 founding it on a moral sense or conscience, indepen- 
 dent of any act or state of the understanding, and 
 superior to the calculations or conclusions of self-love. 
 In this his views were coincident with those of Bishop 
 Butler, but were more clearly expressed, and with 
 ampler illustration, while their originality is vindi- 
 cated by the fact that the second edition of Hucheson's 
 " Inquiry" was published in the same year with the first 
 edition of Butler's Sermons. Mackintosh declares 
 Hutcheson to be the father of the speculative philo- 
 sophy of Scotland, and the suggester of Adam Smith's 
 beautiful speculations in ethics. 
 
 His sketch of Berkeley, as " the great metaphysi- 
 cian," is not less appreciative. Speaking of his alleged 
 " immaterialism," as expressed in his " New Theory of 
 Vision," he says : — " Those who believe it to .be scep- 
 tical, or implying any disturbance in the senses, or 
 tending to disturb reasoning or alter conduct, are men 
 who 'are altogether without sagacity." The work itself 
 Mackintosh regards to be chiefly valuable as a touchstone 
 of metaphysical sagacity. His description of Berkeley, 
 as the admirable Crichton of his day, is this : — 
 "Ancient learning, exact science, polished society, 
 
NOTE BY EDITOR. 101 
 
 modem literature, and the fine arts contribute to adorn 
 and enrich the mind of this accomplished man." He 
 adds : — " It is one of the highest boasts that, though of 
 English extraction, he was a true Irishman, and the 
 first eminent Protestant after the Revolution who 
 avowed his love for all his countrymen." Speaking of 
 what he calls " the exquisite grace and beauty of his 
 diction," he says: — "His works are, beyond dispute, 
 the finest models of philosophical style since Cicero ; 
 perhaps they surpass those of the orator in the won- 
 derful art by which the fullest light is thrown on the 
 most minute and evanescent parts of the most subtle 
 of human conceptions. Perhaps he also surpassed 
 Cicero in the charm of simplicity — a quality frequently 
 found in Irish writers before the end of the eighteenth 
 century — conspicuous in the masculine severity of 
 Swift, in the Platonic fancy of Berkeley, in the native 
 tenderness and elegance of Goldsmith, and not with- 
 holding its attractions from Hutcheson and Leland, 
 writers of classical taste, though of inferior power." 
 
 Mackintosh's flattering picture of Irish celebrities 
 was particularly attractive to the writer of our sketch. 
 It was a subject on which he was, and no doubt, is 
 nationally proud. At a future time it fell to his 
 own lot to discourse on the same theme in the 
 
102 SIR JAMES MACKINTOSH. 
 
 presence of men eminent in literature and science, 
 including Sir Archibald ilelison, Thackeray, Monk- 
 ton Milnes, Sir Lyttoii Bulwer, &c.* Mr. Whiteside 
 was called upon to respond to the toast of " The 
 Literature of Ireland," and the following passage I 
 think I may appropriately introduce here : — " The 
 Literature of Ireland. It has often been imputed to 
 the writers of that country that, while they have' 
 evinced abilities, and even occasionally genius, their 
 books have been marked by bad taste, and have been 
 disfigured by false ornament, by extravagance; and 
 that Irish writers have, in fact, exhibited the faults of a 
 vicious style. Yet, if we refer to the Irish authors 
 who flourished- in the eighteenth century, we may, 
 perhaps, doubt the justice of that censure. The severe 
 sense and masculine simplicity of Swift, the chaste 
 discourses of Hutcheson, the grace and beauty of 
 Berkeley, not less remarkable than his originality and 
 depth, the judicious efforts of Parnell and Steele, the 
 classic elegance of Leland, the touching pathos of 
 Goldsmith, the imperishable productions of Burke, 
 which, however magnificent, combined the useful and 
 the splendid, and were ever true to nature, redeem the 
 literary character of Ireland. We have had divines of 
 
 • Anniversary Meeting of Royal Literary Society, 1849. 
 
NOTE BY SDITOR. 103 
 
 massive learning and atility, and one legal writer at 
 least, Sullivan, who was hardly inferior in perspicuity 
 and elegance of style to your Blackstone. The genius 
 of some of those whom I have enuttierated none will 
 deny ; but they are, perhaps, more remarkable for the 
 justness of their conceptions, for the strength and 
 purity of their language, for a sound judgment and 
 healthy taste. Their compositions are worthy the 
 noble language in which they wrote, and the glorious 
 literature to which they have added immortal contribu- 
 tions. The nineteenth century began in Ireland in 
 darkness and terror ; may it close in the light of civili- 
 zation and peace. Literary men had then but an 
 indifferent market in their native country ; they natu- 
 rally sought encouragement, and they found it here. 
 The talents, the industry of many Irish writers have 
 been thenceforth devoted to English periodicals and to 
 publications of a more enduring character. We have 
 had within the last forty years a true poet, who has 
 preserved^ the national legends in delightful verse; 
 the national music has been embellished by the lyrics 
 of Moore. The sweet tones of that music are dear to 
 the Irish heart; not the less so that they awaken 
 melancholy feelings, for such feelings are best suited 
 to our national history. During the same interval of 
 
 t 
 
104 SIR JAMES MACKINTOSH. 
 
 time the national manners have been portrayed and 
 the national faults censurett by the inimitable Edge- 
 worth, whose truthful pages reprove the caricatures 
 which have since, under the title of ' Sketches of 
 Ireland and the Irish,' been drawn of both. Others 
 there are whose fortunes have been cast in their native 
 country; amongst them Banim, GrifSn, Carleton, have 
 described, with admirable tact and power, the virtues 
 and vices, the moral and physical condition of at least 
 two provinces in Ireland, but slightly colouring pain- 
 fully interesting facts more startling than fiction. 
 Sheridan Knowles, while stimulating the imagination 
 by his impassioned verse, has afforded, and ever will 
 afford, rational entertainment to thousands; and Charles 
 Lever, whose name awakens happy recollections — or 
 Charles O'Malley, if you will— ^has exhibited on many 
 a. pleasant page, native racy humour. The antiquities 
 of Ireland have been, by Petrie, explored with in- 
 dustry, and expounded in a rare spirit of truth and of 
 good sense. The poetic translator of Faust, Anster ; 
 Dr. Miller, author of the Philosophy of History ; Dr. 
 Romney Robinson, astronomer, poet, and philosopher, 
 are a credit to the literature of their country. In the 
 exact science? Sir William Hamilton, Lord Rosse, and 
 one whose loss I must ever deplore, M'Cullagh, taken 
 
NOTE BY EDITOK. 105 
 
 in the very vigour of his genius ' from the evil to 
 come,' have, under no very encouraging circumstances, 
 pursued their researches and their discoveries with 
 ardour, and with signal success. The writings of 
 these men are calculated not merely to amuse, but to 
 make us reflect; and we may hope that, when our 
 countrymen learn to think soundly, they will act 
 wisely. Would that a taste for wholesome literature 
 were diffused, universally diffused through Ireland, 
 and that all her people were in a condition to cultivate 
 and enjoy it; for it soothes, civilizes, reconciles, ahates 
 prejudice, acknowledges no party, stoops to no faction, 
 dignifies, elevates, and adorns individuals and. nations. 
 Men of all professions and pursuits are bound by the 
 attractions of literature, as in a spell. Disappointed 
 ambition flies tp it for consolation ; the successful poli- 
 tician will resign the intoxicating excitement of politics 
 for its tranquil pleasures; the soldier lays aside his 
 sword, that with equal success he may wield the pen ; 
 the statesman prefers to the applause of senates the 
 lasting renown which success in literature can give ; 
 and, what seems most astonishing, it can even console 
 the lawyer for loss of fees. While literature does so 
 much for these classes, they, on the other hand, confer 
 honoxir upon it; for when busy men, engaged in the 
 
106 SIR JAMES MACKINTOSH. 
 
 affairs of life, cultivate letters, they do literature an- 
 essential service by proving to the world its utility.'' 
 
 Mr. Whiteside has noticed Sir James Mackintosh's 
 merits as a law reformer. He was the able and philo- 
 sophical follower of Romilly in his noble career of the 
 amelioration of our criminal jurisprudence; and on 
 Romilly's death, in 1817, his mantle appropriately 
 descended on Mackintosh. Sir Robert Peel has been 
 popularly considered the author of the great reform, 
 which, as a minister of state, he carried into effect. 
 But it is to the eloquent essays, in the form of speeches 
 of Mackintosh, that the -conception and adoption of 
 these measures is, after Romilly, mainly due. There 
 were on the statute-book some 200 felonies punishable 
 with death when they commenced their career. It was 
 a capital offence to cut dow» a hop-vine or tree in a 
 gentleman's park, to cut the head of a fish-pond. True, 
 the actual penalty of death had not been enforced in 
 respect of the greater 'number of these felonies for 
 nearly a century, past; but on each conviction the 
 awful sentence of death was recorded. Sir James 
 Mackintosh was not, however, in favour of the total 
 abolition of capital punishment ; he held the right of 
 inflicting that punishment to be a part of self-defence, 
 
NOTE BY EDITOR. 107 
 
 with which societies, as well as individuals, are en- 
 dowed. 
 
 There is an interesting notice of Sir James Mackin- 
 tosh's political life in a letter from Sir James Scarlett, 
 printed in the Life of Mackintosh, given by his son. 
 It appears that from his first entrance into Parliament 
 he associated himself with the Whigs, whom he served 
 faithfully and well, and from whom he received signal 
 ingratitude. 
 
 The " Vindicise Gallicse" Sir Jatoes Scarlett happily 
 describes as an attempt at once ingenious and profound, 
 to justify the first steps of the French Revolution upon 
 the theory of the British constitution, and thus to 
 refute Mr. Burke upon his own principles. 
 
 When Mackintosh was proposed as a candidate in a 
 debating society, that reckoned amongst its members 
 men who afterwards became distinguished, including 
 Mr. Percival, Lord Tenterden, Lord Lyndhurst, Lord 
 Bexley, and others, Mr. Percival so admired the " Vin- 
 dicise Gallicse," that he canvassed for his admission. 
 Shortly after this, the lucrative post of Recorder of 
 Bombay fell vacant, and was offered to Mackintosh by 
 the Minister of the day, Mr. Addington. The selection 
 was creditable to the Tory Minister, who stipulated for 
 
108 SIK JAMES MACKINTOSH 
 
 and received no political allegiance in return. But 
 Mackintosh, in accepting tfie office, incurred the charge 
 of infidelity, secretly insinuated from amongst his Whig 
 friends. It is, says Sir James Scarlett (who smarted 
 under the same injustice himself, according to his 
 son-in-law, Lord Campbell) — it is the justice of poli- 
 tical faction to be more rigorous in exacting sacrifices 
 from their adherents than generous in rewarding them. 
 
 He was promoted to the office of Judge of the 
 Admiralty in Bombay in 1806, and returned home 
 in 1812. When he arrived he found his old friend, 
 Mr. Percival, at the head of public affairs. Percival 
 lost no time (from 25th April to 8th May) to offer him 
 a seat in Parliament, with an ultimate view to his being 
 placed at the head of the Board of Control, for which 
 his Indian experience had naturally adapted, and pre- 
 sumably qualified him. Mackintosh, loyal to the Whig 
 party, declined the kindly offer in a covirteous letter, 
 which Mr. Percival was destined never to receive; for 
 on the same day on which the letter was written Mr. 
 Percival was shot by the assassin, Bellingham. 
 
 Fifteen years after, when the Coalition Cabinet of 
 George Canning was formed. Mackintosh might fairly 
 have found a place. Canning expressed surprise that 
 the conductors of the negociations on the side of the 
 
NOTE BY EDITOR. 109 
 
 Whigs did not mention the name of Mackintosh. He 
 was named a Privy Counsellor, as a solatmm of 
 neglected aspirations. 
 
 Finally, in November, 1830, when his friends the 
 Whigs, under Earl Grey, attained to the command of 
 the entire offices of the State, a subordinate and com- 
 paratively insignificant place at the Board of Control 
 was the reward of a long life of merit and exclusion ; 
 the same Board, over which in 1812 he might have 
 presided as Chief, had he not declined to abandon his 
 party. Sir James expressed no resentment at this 
 neglect, and therefore (as Sydney Smith expresses it) 
 was finally " pushed into such situations as fall to the 
 lot of the feeble and delicate in a crowd." 
 
 Sir James Mackintosh died on the 22nd of May, 
 1832, in the 67th year of his age. 
 
EARL GREY. 
 
 April, 1831. 
 By one of those sudden changes in the administration 
 of the Government, which public opinion can accom- 
 plish in a free state only, Earl Grey has assumed the 
 Premiership of England. The rapidity of this politi- 
 cal movement was remarkable — in a single week the 
 Wellington ministry was displaced, and the administra- 
 tion of Lord Grey quietly settled in its stead. The 
 Noble Earl has seized the helm of state, at a crisis 
 memorable in the history of the world. Every day 
 we receive tidings of fresh revolutions, of ancient 
 dynasties overthrown, and ancient wrongs avenged. At 
 such an eventful moment it may not be unuseful to 
 examine, even briefly, the merits and conduct of the 
 minister who wields the destinies of England, and 
 thereby influences those of Europe, to consider whether 
 
EARL GREY. Ill 
 
 he possesses the courage, wisdom, ability, and goodness, 
 requisite for the mighty task he has undertaken. 
 
 Earl Grey was the friend and rival of statesmen 
 worth one hundred such as now-a-days are ; individuals, 
 who, at a time fruitful in the production of great men, 
 were celebrated for wit and learning, eloquence and 
 knowledge, and for those loftier attributes of the soul 
 which elevate and dignify mankind. I have never 
 looked upon this noble person, or heard lessons of wis- 
 dom from his lips, that I have not felt my respect 
 increased, and my admiration quickened, by the reflec- 
 tion that he has mingled in the same debate with men 
 whose names are imperishable in the history of their 
 country ; that he was not obscured by the soaring genius 
 of Burke, nor eclipsed by the impassioned oratory of 
 Fox ; that he has stood up against the dreaded enemy 
 of Napoleon, the haughty and impracticable Pitt, and 
 came forth unscathed from the conflict. 
 
 It is not necessary, in a sketch of this description, to 
 allude in chronologicp,l order to facts which can at most 
 be only slightly touched. I would, therefore, refer 
 at once to the debate in the Lords, in May, 1827, in the 
 course of which Earl Grey pronounced his celebrated 
 philippic against Mr. Canning, for the purpose of ex- 
 tracting a sentence which expresses a fixed intention 
 
112 EARL GEEY. 
 
 not to mingle again actively in public affairs — a deter- 
 mination which it is the prevailing fashion for Lords 
 and Commoners to adopt, only to abandon at another 
 and more convenient opportunity. It is as follows: — 
 " Those who had done him the honour to attach any 
 importance to his opinions, were aware that he had for 
 some years been withdrawing himself more and more 
 from a direct interference in the politics of the country. 
 As long, however, as he did remain, he was anxious to 
 be in that situation in which he could do what he con- 
 sidered most good. To take a more active part in 
 public life, was quite out of his intention, Tion eadem, 
 cetas, non mens." Strange, thait some years after, he 
 should have discovered that his age was fresh enough, 
 and his understanding vigorous enough, to enable him 
 to take a more active part in public life, and to accept 
 the very office for the assumption of which he had so 
 unsparingly lashed his brilliant, but too sensitive oppo- 
 nent. That speech, it was said, more than any other 
 event, wounded the pride of Canning, and hastened his 
 dissolution ; and yet there was not an intemperate, or 
 violent expression throughout the whole of it; on the 
 contrary, it was cold and dignified, emanating appor 
 rently from a strict sense of duty alone, without any 
 admixture of pride or envy. But it contained bitter 
 
EARL GREY. 113 
 
 accusations, for the controverting of which the shafts 
 of wit or the powers of eloquence, were alike unavail- 
 ing — he declared Canning to be a friend of corruption 
 — an enemy to religious .toleration. — an enemy to 
 reform — and an enemy to civil liberty; and then, re- 
 peating the words above given, coolly sat down.* The 
 scene is thus graphically described in " Blackwood " for 
 February, 1828, by one of the ablest contributors to that 
 excellent magazine, though, perhaps, somewhat highly 
 coloured by the party zeal of the writer : — " The news- 
 papers of the day give no adequate idea of the won- 
 derful effect of Lord Grey's speech of the 11th of May. 
 While he was speaking and pouring forth invectives, 
 like a torrent of bitter waters, full upon Canning's 
 devoted head, the House of Peers, which was extremely 
 crowded, hung with breathless attention on his words, 
 and when he had concluded, no man rose up to gainsay 
 that which he had spoken. Mr. Canning's party stood 
 aghast at the fearful castigatioii of their leader and the 
 Tories felt that anything more would be superfluous. 
 In a few minutes the house was empty — men's minds 
 were too full of what they had heard to allow them to 
 address themselves to the ordinary business of the 
 House, and it adjourned almost immediately, notwith- 
 standing the earliness of the hour. Th^ news flew 
 
114 EAKL.GREY. , 
 
 about as swift as the wind, that Lord Grey had destroy*^ 
 Mr. Canning in the Hous§ of Lords, and it soon reached 
 ■the Premier himself. The iron entered his soul — he 
 found he had climbed a pinnacle, only to be the more 
 conspicuous to scorn — ^but he was not a man to sit 
 down and weep under this mortification. His bitter 
 thoughts lashed him into fury. 
 
 " 'Tis not in words to tell the power, 
 The despotism, that from that hour 
 Passion held o'er him." 
 
 It was reported at the time that he solicited a peerage 
 from the king, that he might take vengeance in the 
 Lords upon his relentless ^sailant. 
 
 His lordship when Mr. Grey, and but a youthful 
 member of the House of Commons, ventured to engage 
 in acrimonious contest with Mr. Burke, who, irritated 
 by the vexatious behaviour of Mr. Grey, in casting up 
 against him his own early speeches in favour of the 
 Americans, frequently suffered his passion so far to 
 master his judgment, as to indulge in coarse and personal 
 vituperation, discreditable to his taste and genius. The 
 following conclusion of a speech of Burke's in 1793, to 
 which the then Mr. Grey replied, may startle those who 
 have been accustomed to believe that whatever fell from 
 his lips was chaste and classical: — "Gentlemen who 
 
EARL- GllEY. 115 
 
 were so charmed with the lights of this new philosophy, 
 might say that age had rendered my eyes too dim to 
 perceive the glorious blaze. But old though I am, I see 
 well enough to distinguish that it was not the light of 
 heaven, but the light of rotten wood and stinking fish 
 — the gloomy sparkling of collected filth, corruption , 
 and putrefaction. 
 
 * So have I seen, in larder dark, 
 Of veal a sparkling loin, 
 Replete with many a brilliant spark 
 As sage philosophers remark, 
 
 At ouce both stink and shine ! ' '' 
 
 Mr. Grey answered boldly — " The opprobrious terms 
 of reproach made use of by Mr. Burke, without proof 
 of any kind, might be equally well repeated by a parrot, 
 it could pronounce the word ' monsters,' it could also 
 say ' Brissot, the most virtuous of pickpockets.' " His 
 sentiments, about this period, were frequently repeated 
 with regard to the partition of Poland, which measure, 
 and the combination of despots by whom it was perpe- 
 trated, he condemned in the most unqualified language. 
 If he still retain the honest opinions of his youth, 
 touching that detestable act of perfidy and rapine, he 
 will scarcely allow the principle of non-interference to 
 be infringed for the purpose of crushing the brave 
 
 I 2 
 
J 16 EARL GREY. 
 
 Poles, and suppressing their noble aspirations for their 
 long-lost freedom. In a debate in the same eventful 
 year, Mr. Grey professed himself an ardent admirer of 
 Dr. Priestly, and warmly eulogised his character and 
 conduct; and while he justly denounced the rabble of 
 the time, who, in their blind fury, destroyed the pro- 
 perty of the intemperate and vacillating philosophec, 
 he committed himself by asserting that in no instance 
 did the writings of Priestly tend to the disturbance of 
 social order or the infringement of civil liberty; dif- 
 ferent was the opinion of an illustrious historian, who, 
 in a note to his immortal work, recommends to public 
 animadversion : two passages in Doctor Priestly, which 
 betray the ultimate tendency of his opinions. " At 
 the first of these* the priest, at the secondf the magis- 
 trate, may tremble." Possibly were the noble Lord 
 now interrogated on his bold assertion as to Priestly's 
 principles, he would say it was a fanciful notion of his 
 youth, unthinkingly adopted, and which together with 
 his boyish notions about Reform, he has long since and 
 wisely abandoned. He seems to have been of a pro- 
 phetic turn of mind, and amused himself with predic- 
 tions upon his entrance into public life, soon after the 
 
 * History of the Corruptions of Christianity, vol. 1, p. 275-6. 
 t lb. p. 4S4. 
 
EARL GREY. 117 
 
 American war, none of which were ultimately fulfilled; 
 he predicted the ruin of England if Parliament was not 
 reformed, hut England is not ruined, and Parliament is 
 not yet reformed. The French revolution was next to 
 spread happiness over the face of the earth, but that 
 revolution, unlike the one by which it has been suc- 
 ceeded, spread horror and desolation. His next predic- 
 tion was, that the British armies would be ruined in 
 Spain, and that Bonaparte would subdue the world ; but 
 the British armies triumphed over the French, and the 
 splendid despotism of Napoleon has been overthrown. 
 
 Of all Earl Grey's earlier opinions none are regarded 
 now with such interest as those which. he is known to 
 have entertained upon the subject of Parliamentary 
 reform. It is necessary for the public to understand 
 with accuracy what those opinions were, and to see 
 whether, even in a modified degree, they can be acted 
 upon at the present moment. His plan of reform has 
 been constantly referred to, as also his expose of what 
 he then considered the defects in the representation of 
 the country, which have become, as it were, a text-book 
 for other reformers, some of whom, in their wisdom, 
 have been disposed to proceed to greater lengths in 
 their radicalism, even than the premier himself. The 
 radical press, accordingly, have been in the habit of 
 applauding his lordship for his patrotism and manly 
 
118 EAKL GREY. 
 
 spirit, upon the occasion of the presentment to the 
 Commons of the petition, gfft up by a society, called 
 " the Friends of the People," praying for a sweeping 
 change in our representative system. If the fitness of 
 Earl Grey for the task of a sensible reformer, were to 
 be estimated by th,e tone and reasoning of that petition, 
 it would be difficult to select in the whole empire a per- 
 son more disqualified, Cobbett and Hunt not excepted. 
 The petition was grounded upon the most dangerous 
 and mistaken views, which the petitioners modestly 
 called ^^ principle," proportioning the representatives 
 to the number of constituents. Nothing would be more 
 easy than to demonstrate the utter absurdity of this 
 monstrous doctrine ; it is upon the face of it glaringly 
 unconstitutional, for it tramples upon the fundamental 
 principle of representation — property. Lord John 
 Russell, whom no man could accuse of leaning ,to the 
 side of corruption, in his temperate and philosophical 
 work on the British Constitution, avows, in his chapter 
 upon the House of Commons, that the notions of Earl 
 Grey, as contained in that petition, are unsound and 
 indefensible. To the trashy complaints of these 
 "Friends of the People," Lord John gives the follow- 
 ing convincing and excellent reply: — "You complain 
 of the formation of the House of Commons, such as 
 it has existed from the revolution to the present time. 
 
EARL GE'eT. Iia 
 
 You prove that the frame of our government has been 
 from that time a corrupt combination for private pur- 
 poses. Now our fathers and our grandfathers have told 
 us, that during that time they were very free and very 
 happy. Their testimony is confirmed by the wisest 
 philosophers, the greatest lawyers, the most enthusiastic 
 poets of the time. Your theory goes to overthrow 
 the testimony of Blackstone, Montesquieu, Voltaire, 
 Thompson, Cowper, and a hundred others, who have 
 declared England to be in their time in the enjoyment 
 of complete freedom. Now government is matter of 
 experience, and not of speculation; we will, therefore, 
 rest contented with things as they are." Fox, sensible 
 of the weight of this objection, put, in 1797, the ques- 
 tion on different grounds ; he proposed to recur to first 
 principles, and re-constitute the state — which, although 
 revolutionary, had, at least, the merit of being candid 
 and intelligible. 
 
 Earl Grey has solemnly recanted these unwise 
 opinions, and deserves praise, but in a very moderate 
 degree, for the abandonment of notions which the 
 sensible portion of the community pronounced to be 
 untenable and irrational. Still it is useful to recur to 
 these events, for they assist us in forming a correct 
 judgment upon the character and intellect of the 
 
120 
 
 EAKL GREY. 
 
 man. Unquestionably his Lordship's friends may, with 
 truth, assert that inconsistendy is preferable to blind 
 obstinacy in error ; but it is as certain that he cannot 
 deserve a lofty panegyric for his comprehension and 
 sagacity, who, at the age of manhood, embraced 
 opinions upon a momentous subject, which, in after 
 life he felt ashamed to avow, and unable to maintain. 
 His present intentions upon Reform may, perhaps, be 
 fairly collected from the substance of a speech delivered 
 by him on a motion for a committee on the state of the 
 nation in 1810. "The question of Reform (he says) 
 has long engaged my most serious contemplation. At 
 an early period of my life, I certainly took up strong 
 opinions upon this subject, and pursued them with that 
 eager hope and sanguine expectation so natural to 
 the ardour of youth. I will not say that there 
 may not have arisen some difference between my pre- 
 sent sentiments and former impressions; stiU, I beg 
 leave to assure your lordships that the general 
 opinions I then formed, I have not in my maturer 
 age, seen cause to change ; and that whatever distinc- 
 tion exists between my early and my present views of 
 reform, on its great grounds that question has not been 
 abandoned by me. Still, after the most serious and 
 dispassionate consideration, it is my conscientious 
 
EARL GREY. 121 
 
 opinion, that much good would result from the adop- 
 tion of the salutary principle of reform, gradually- 
 applied to the correction of those existing abuses, to 
 which the progress of time must have unavoidably- 
 given birth, taking especial care that the measures of 
 reform to be pursued should be marked out by the 
 constitution itself, and in no case exceed its wholesome 
 limits. But as I never have, so I never will rest my 
 ideas of salutary reform on the grounds of theoretic 
 perfection. While I shall ever be ready to correct, by 
 the fixed principles of the constitution, an admitted 
 inconvenience, where that is practically felt, I continue 
 to disapprove of all those general and vague specula- 
 tions in which some men would wish to engage." He 
 proceeds to fortify this opinion by the authority of Mr. 
 Fox, who compared the constitution to a house, as 
 Blackstone did to a gothic castle, which was to be 
 altered to suit the taste and convenience of the pro- 
 prietor. Lord Grey, of course, did not mean the 
 authority of Mr. Fox in 1797, when he wished to 
 remodel the constitution, but his authority at some 
 other time. And it is in truth instructive, in looking 
 over the speeches of great parliamentary orators, to 
 observe that individuals professing different political 
 sentiments, may suit themselves with a speech of the 
 
122 EAEL GREY. 
 
 same speakers, according to their peculiar fancy. The 
 immaculate electors of Preston, who boast of having 
 returned the patriot Hunt, may cry for universal 
 suffrage; an intelligent public will resist .the levelling 
 doctrine which would give the whole power to money 
 and to the multitude, and so disfranchise the middle 
 class, the most disinterested, the most independent, and 
 unprejudiced in the state. The interest of the middle 
 class should be strengthened, not weakened by the in- 
 tended reform ; and those who cry aloud for the aboli- 
 tion of all boroughs, would do well to bestow some 
 consideration upon the matter, to read a little, and 
 think a little. If such persons could be prevailed upon 
 to look into the valuable book on " Public Opinion," by 
 Mackinnon, they will there find it proved to a demon- 
 stration, that boroughs do represent important interests 
 in the state — the monied interest, and personal property, 
 which constitute a vast mass of the nation's wealth. 
 And what is of more vital moment still, that if boroughs 
 be abolished, the aristocracy of intellect must inevita- 
 bly be excluded. ' This is evident from the fact, that 
 the most eminent men who ever adorned the senate, 
 and gave strength to its councils by their wisdom, and 
 glory to its debates by the splendoiir of their eloquence 
 — the men of professional fame, and literary distinction 
 
EARL GREY. 123 
 
 — have sat for boroughs. How can such men effect 
 their entrance into the senate, not possessing wealth, or 
 family connections? or can their places be supplied by 
 rich boobies, w.ho may buy their seats, or demagogues 
 who may delude the rabble, and wheedle them out of 
 their votes for the base purposes of faction ? 
 
 On the occasion of the Queen's trial. Earl Grey took 
 a prominent part. Throughout the proceedings he in- 
 veighed with bitterness against the conduct of the 
 ministry; and while acting, apparently, from a strict 
 sense of duty only, manifested the zeal of the partizan. 
 His speech upon the evidence was a masterly perfor- 
 mance, not distinguished for florid oratory, or sounding 
 declamation, but displaying rather the acuteness and 
 logic of the lawyer, accustomed to sift and analyse 
 perplexing and conflicting evidence. His peroration 
 was far from being brilliant, yet it was impressive, and 
 carried with it an air of sincerity and conviction, whicli 
 gave weight and dignity to every word he spoke. He 
 disclaimed then, as on many other occasions, the possi- 
 bility of his being influenced by popular clamour. 
 
 Several sketches of the political career of the noble 
 earl having appeared in the newspapers of the day, 
 we think it unnecessairy to go further into the subject 
 at present, than to observe that he cannot be charged 
 
124 EARL GREY. 
 
 with inconsistency for his coalition with Lorcl Grenville ; 
 the desertion of former opini(ftis can be ascribed with 
 fairness to the latter noble lord only. The union never 
 could have been cordial, for the subject of this sketch 
 in his political career, was the most opposite that is 
 possible to be conceived to Lord Grenville — they were 
 absolutely political antipodes. And the time was, when 
 the great aristocratic lord, then Minister for Foreign 
 Affairs, would, as a political writer has observed, have 
 gladly seen Mr. Grey, and some dozen of his compa- 
 nions, sent out of the country as men subversive of 
 peace and good government. But 
 
 " Time, whose gentle influence makes a calf an ox, 
 And brings all natural eyents to pass, " 
 
 brought about that unnatural coalition, and the two 
 
 noblemen stuck together as the shirt of Nessus did to 
 
 the body of Hercules. Earl Grey was one of those who 
 
 formed the ministry denominated " All the Talents ;" 
 
 a ministry most unfortunate in their measures, and who 
 
 lost, while in office, the fame which, as individuals, they 
 
 had deservedly gained while in opposition. 
 
 Although jealous of his rank, and resolved " to stand 
 
 by his order; " the title he bears is of very modern 
 
 creation ; for it he is indebted to the bravery of his 
 
 father in those wars, the commencement and continu- 
 
EARL GREY. 125 
 
 ance of which the present noble lord uniformly con- 
 demned.* 
 
 In person he is tall and commanding, his head is 
 partly bald, and his countenance, although severe, is 
 dignified and intellectual. Age does not seem to have 
 injured his health, or weakened his constitution; his 
 features are placid, but convey a haughty expression ; 
 he is remarkably thin, and his height increases in 
 appearance the spare habit of his body ; his action is 
 not graceful, for he has acquired the practice of hiding 
 one hand beneath his coat-skirt, as if standing near the 
 
 * Earl Grey is the eldest son of General, afterwards Sir Charles 
 Grey, K.B., who was an aide-de-camp to Prince Ferdinand at the 
 battle of Minden, and held a command during the American war.' 
 At the breaking out of the war with France, in 1793, he assisted at 
 the relief of Ostend and Nieuport, and having been appointed com- 
 mander-in-chief in the West Indies, succeeded in reducing Martinique, 
 St. Lucie, and Gioadaloupe. In 1801, he was created Baron Grey de 
 Howick, and in 1806, Viscount Howick and Earl Grey. He was de- 
 scended from a very ancient family in the North of England. Sir Charles 
 was the younger brother of Sir Henry Grey, Bart., who, dying with- 
 out issue, his title and estates descended to the present Earl Grey, who 
 was bred to the Bar ; but in consequence of the intention of his uncle. 
 Sir Henry, to constitute him his heir, he ceased to devote himself to 
 the practice of his profession ; and becoming early in life a member of 
 the House of Commons for the county of Northumberland, he rapidly 
 attained eminence as a speaker in Parliament. He is somewhat older 
 than the Duke of Wellington, being about sixty-six, the Duke will be 
 sixty-two in May next. (1830.) 
 
126 EARL GEET. 
 
 fire, wliicli is very ungraceful, but at times he extends 
 his arms to their full length, and then his attitude 
 becomes manly and imposing. He frequently through- 
 out his speech, advances from his seat towards the table, 
 and retires again ; but with him this is an easy move- 
 ment, unlike the awkward motions of Sir Robert Peel, 
 who paces at regular intervals, and with invariable 
 sameness, between the table and the bench, poising one 
 leg upon his toe, lifting up his hand and laying it down 
 again with the regularity of a pendulum. The tones 
 of Lord Grey's voice are clear, but not varied or har- 
 monious, and his utterance is distinct and firm ; although 
 when last I heard him on Lord Wynford's motion, his 
 voice faltered, and he stammered in speaking ; but this 
 possibly might be owing to the effects of a severe cold 
 under which he evidently laboured — to me it seemed 
 as if the cares of office had already begun to press 
 heavily upon him. 
 
 Of his style of oratory I have next to speak. On 
 this subject the writers of the day are loud in his praise 
 — he is by them ranked with the most famous of the 
 contemporaries of his youth, and is, as it were by one 
 accord, placed at the head of all living orators. I must 
 (not, I hope, in a spirit of presumptuous criticism), 
 deny his claims to the character of an orator. It is 
 
EARL GREY. 127 
 
 preposterous to say, that he is like Burke, Fox, or 
 Sheridan ; he is the direct opposite in every respect to 
 any thing I have ever read, or heard, or can conceive 
 of .these three immortal senators. - Will any man, save 
 a sycophant, venture to assert, that in anyone speech 
 Earl Grey delivered in the whole course of his life, hp 
 displayed the suhlime philosophy of Burke, or breathed 
 thoughts comparable with his glorious conceptions? or 
 can his stately language be assimilated with the burn- 
 ing words which issued from the rich and boundless 
 imagination of his mighty rival? A finished and 
 classical education, like that which Earl Grey received, 
 may accomplish much for the public speaker ; yet, after 
 all, his brightest efforts are but darkness when matched 
 against the light and splendour of heaven-born genius. 
 With less justice still, could the stately Premier be 
 likened to the bold and impetuous Fox, either- as to 
 language or appearance ; about hi/rn there was nothing 
 cold or studied; he was vigorous, impassioned, and 
 often indiscreet; he expressed himself in hurried sen- 
 tences, in involuntary exclamations, by vehement ges- 
 tures, by sudden starts, and bursts of passion. " Every- 
 thing (said a celebrated political writer) showed' the 
 agitation of his mind ; his tongue faltered, his voice be- 
 came almost suffocated, and his face was bathed in tears, 
 
128 - EARL GREY. 
 
 He was lost in the magnitude of iiis subject. He 
 reeled'and staggered under ihe load of feeling which 
 oppressed him. He rolled like the sea, beaiten by a 
 tempest." We are told that Sheridan sat quaffing old 
 port in Bellamy's, till he ascertained that " Charley's 
 waistcoat was open," and then hastened to participate 
 in the triumph of his friend. When was Earl Grey 
 ever guilty of any of these glorious indiscretions ? It 
 would be undignified in him to evince deep emotion, or 
 to suffer storms of passion, which should convulse vulgar 
 souls only, to ruffle the serenity of his aristocratic temper.' 
 He was inferior to Fox in every attribute necessary to 
 the attainment of oratorical renown, or the manage- 
 ment of a popular assembly. It would be a mockery 
 to class Earl Grey with the injured Sheridan — for 
 Sheridan was a man of genius and a plebeian. - 1 can 
 laugh at those who presume to censure Sheridan, or 
 detract from his fame ; and I exult when reading the 
 imperishable memorials he has left behind him, of 
 humour, " gay as the fire-fly's light," of dazzling wit, 
 ■of brilliant and fascinating eloquence. Posterity, will 
 do him justice, and his name will stand higher on the 
 roll of fame, than that of the haughtiest aristocrat in 
 the land. Earl Grey would perish sooner than protest, 
 with uplifted crutches, as did the dying Chatham,' 
 
EARL GREY. 129 
 
 against tlie iniquity of injustice and oppression; but to 
 his son, William Pitt, I should conceive the noble earl 
 to bear a strong resemblance. William Pitt was an 
 aristocrat by nature — like him, Lord Grey is a logician, 
 addicted to the cold formalities of speech — and like 
 him, stiff, unbending, bitter and relentless. Whether 
 as a minister of state he will display the same strength 
 of mind, the same confidence in his own resources, and 
 the same tenacity of purpose, as Pitt, is yet to be 
 proved. I heard his lordship speak for an hour in 
 reply to Lord Wynford; he arrested my attention 
 forcibly, so that I listened with a deep interest, while 
 he spoke; he proved to a demonstration, that Lord 
 Wynford's was a silly motion ; he convinced my under- 
 standing ; but such a speech as he then delivered, could 
 not in the remotest degree affect the feelings, or touch 
 the heart. Great political experience, extensive research, 
 and long practice have made him an exact and argu" 
 mentative speaker, but to the higher and nobler excel- 
 lencies of the orator he never can aspire. I believe 
 Earl Grey to be a m^m of frigid disposition, of severe 
 correctness of mind ; his very elegance, like that of the 
 most finished works of the sculptor, has a certain cold- 
 ness and hardness in it ; while we admire his abilities, 
 we cannot love the man. . He seems to have as little of 
 
130 EARL GEEY. 
 
 softness in his nature as Brougham, but he is without 
 Brougham's impetuosity of passion, which shows that 
 he has a heart in his bosom, although its gentle emotions 
 are sometimes overmastered by the huge tide of stronger 
 and darker feelings that flow from the same source. The 
 oratory of Earl Grey is clear, forcible, and elegant, but it 
 produces neither enthusiasm nor tears ; its fountains are 
 tjie reason and the memory. His panegyrics are elabo- 
 rate and precise, and commonly rounded with a classical 
 quotation for the sake of effect; his philippics are 
 carefully- wrought compositions of bitter and passionless 
 severity; the arrows of his vengeance seem pointed 
 with icicles. The intrepidity of Lord Grey is greatly 
 mixed up with pride, and his temper is highly aristo- 
 cratic ; even when he is desirous to appear scornful, he 
 seems to disdain the semblance of angry emotion ; he 
 knows that anger is a levelling and vulgar passion,- 
 while scorn is a feeling proper to a superior. Without 
 fervour of feeling himself, he has little sympathy with 
 that of others. If he could have appreciated the soul 
 which animated Mr. Canning's speeches, and caused his 
 sometimes hasty conduct, he could not have struck at 
 him as he did, and lacerated the sensitive heart of an 
 absent man with his cold, proud, and scornful reproaches. 
 However strong the facts urged against Mr. Canning 
 
EARL GREY. 131 
 
 may have been, Earl Grey cannot easily be forgiven 
 for the motives which prompted him to make so unfeel- 
 ing an attack upon one of the most accomplished 
 gentlemen that ever lived. Would his lordship have 
 ventured to . say so much in the presence of his rival ? 
 could he have resisted him whom Brougham dreaded, 
 or could he have withstood the matchless wit, the 
 polished sarcasm, and enchanting eloquence of Mr. 
 Canning? Despite the heartless irony of Lord Grey, 
 the name of Canning is still worshipped all over the 
 • globe as the zealous friend of liberty, and when he fell, 
 as Mackintosh beautifully expressed it, the lovers of 
 despotism " raised a loud shout of joy at the downfall 
 of their common enemy." The best of husbands and 
 the best of sons, he was accompanied to the grave by 
 the sighs and tears of his affectionate countrymen, who 
 pardoned his failings from admiration of his unrivalled 
 genius. 
 
 Earl Grey is proud of his order and rank, which, as 
 much as his talents, have gained him the Premiership 
 of England; but his exertions are as nothing, when 
 compared with the efforts of a man, who, like Canning, 
 without the adventitious aids of birth and fortune, 
 forced his way to the highest station in the councils of 
 the state, by the resistless influence of his commanding 
 
 K 2 
 
132 
 
 EAKL GREY. 
 
 talents. Lord Grey's efforts in the cause of reform and 
 political liberty, however sincere they be, must come 
 from the deductions of his reason : as to that generous 
 enthusiasm for liberty, which springs from the heart 
 and the imagination, I should as soon expect the statue 
 of one of his ancestors to feel it as himself. Few men 
 possibly would be better calculated for the post of prime 
 minister in ordinary times, but I am apprehensive he 
 does not feel enough for the people. The Duke did 
 not ; and he, perhaps, may split upon the same rock ; he 
 will give them Reform, but he is unmindful of their 
 cries for bread. 
 
 His lordship is a friend to the diffusion of knowledge, 
 and a patron of the London University. At the first 
 distribution of prizes within the -walls of that infant 
 institution, Earl Grey presided, and awarded the honours 
 with stately dignity and aristocratical composui:e ; his 
 exhortation to the prizemen to persevere in their studies 
 with unabated ardour, was eloquent and impressive ; 
 and he concluded his address by paying a compliment 
 to Mr. Brougham, not less beautiful than it was de- 
 served. 
 
EARL GREY. 133 
 
 NOTE BY EDITOR. 
 
 April, 1870, 
 
 Amongst the prizemen in the Law Class to whom it 
 was Earl Grey's duty to distribute the prizes at the 
 London University on the occasion just referred to, 
 and in the presence of Brougham and Denman, was the 
 writer of this sketch. The gratifying event naturally 
 attracted the student to ^he character and career of 
 the noble Lord. He had then, recently, after occupy- 
 ing a seat on the opposition benches for over three-and- 
 twenty years, attained the position of Prime Minister 
 of England. The Duke of Wellington's administra- 
 tion retired from oflSce in November, 1830. " It fell 
 (says Sir A. Alison), because it had become unsuited to 
 the altered circumstances of the people. It neither met 
 their wishes nor provided for their necessities." 
 
 The history of Earl Grey subsequent to 1831, and 
 until his defeat on the Irish Coercion Act, in 1834, 
 when he retired into private life, is merely the history 
 of England for the time being. 
 
 His career was that of a man of considerably talents, 
 
134 
 
 KOTE BY EDITOR. 
 
 combined with invincible courage and higb' moral 
 dignity. The champion of a* reform which has eventu- 
 ally proved democratic, yet in his hands, and in his 
 conception of it, " it was the most aristocratic measure 
 ever proposed to Parliament." The first liberal Cahinet 
 assembled under his presidency, - comprised thirteen 
 members, eleven peers or sons of peers, and two 
 Commoners. 
 
 The Irish adniinistration of Earl Grey was remark- 
 able, in having Lord Plunket for Lord Chancellor, 
 and the late Lord Derby (then Mr. Stanley), for 
 Chief Secretary. 
 
 Earl Grey died July, 1845. 
 
MR. SERGEAJ^T WILDE. 
 (lord troeo). 
 
 Mwrcli, 1831. 
 The circumstances under whicli this gentleman has 
 risen to eminence are somewhat singular. For twelve 
 years he followed the profession of an attorney, with 
 assiduity and success ; and having embraced the more 
 dignified occupation of a barrister, with unheard-of 
 rapidity acquired large practice and extensive repu- 
 tation. A natural reflection suggests itself as to the 
 remarkableness of Sergeant Wilde's advancement, 
 commencing, as he did, the study of his profession at 
 the wrong end ; it may well be thought that the mind 
 which is too early famDiarised with technical ques- 
 tions, and practical details, is not the best qualified 
 
136 MR. SERGEANT WILDE. 
 
 to pursue legal studies scientifically. Undeniable as 
 this may be, as a genersft proposition, yet expe- 
 rience disproves its universal application by many 
 brilliant examples. Men's employments in life are 
 often misconceived. Some descend to the grave 
 endowed with extraordinary, although undeveloped, 
 talents ; the peculiar genius of others is not unfre- 
 quently perverted or misapplied ; still, when finally 
 directed in its proper channel, bursting from the 
 trammels of a narrow education, it' shines forth 
 with unexampled splendour, seeming to have bor- 
 rowed activity and lustre from unnatural subjec- 
 tion. How powerfully is this exemplified in the legal 
 profession ! Lord Hardwicke, as celebrated a judge 
 as ever adorned the English bench, commenced his, 
 career the articled clerk to an attorney, without having 
 received an university or learned education, for the 
 want of which (so fatal to less gifted men) his uncom- 
 mon powers of intellect and application made ample 
 atonement ; and it is a curious circumstance, that in 
 the office of the attorneys to whom this great man 
 was articled, there were, at the same time, Jocelyn, 
 afterwards Lord Chancellor of Ireland, Parker, who 
 became Chief Baron of the Exchequer, and Strange, 
 who died Master of the Rolls ; and in later times we 
 
MR. SERGEANT WILDE. 137 
 
 find Romilly and Redesdale, trained in the office of a 
 six clerk, the former surpassing his rivals by the depth 
 and soundness of his learning — enlightening senates 
 by his eloquence and wisdom, and spurred into the 
 noblest actions by a spirit of philanthropy as . pure as 
 it was unbounded; the latter, as an equity judge, pre- 
 eminent for his Wonderful research, the accuracy and 
 impartiality of his judgment, the philosophical com- 
 prehensiveness of his decisions. 
 
 The subject of this sketch, although he commenced 
 his career in somewhat a similar manner, is much 
 inferior to these eminent individuals in natural 
 endowments, as well as in moral worth. If the 
 excellent intentions of Sir James Scarlett could have 
 been fully carried into effect, such a mail as Wilde 
 would find it difficult to work his way into .the 
 profession, without submitting to the delightful 
 • drudgery of learning Greek grammar and exercises, 
 and of enduring a searching examination from Messrs. 
 Alderson and Richards ; inasmuch as Sir James 
 smitten with love of classical acquirements, prevailed 
 on the benchers of the Inner Temple to enact, that all 
 students who wished to enter that institution, should, 
 if not provided with a university degree, be prepared 
 to translate some portion of Greek, and moreover a 
 
138 MR. SEKGEANT WILDE. 
 
 little Latin. The wisdom of this admirable arrange- 
 ment becomes apparent when we consider, that the 
 other Inns of Court refused to adopt so judicious a 
 criterion whereby to test the intellectual qualifications 
 and fitness of the young aspirants to forensic fame.* 
 Sergeant Wilde was a member of a firm of solicitors 
 who enjoyed large business. Their connections being 
 extensive, and their influence considerable, Mr. Wilde 
 deemed it advisable, consigning his clients to the 
 watchful care of his excellent brother, to become a 
 barrister, and attach himself to the Court of Common 
 Pleas, which he accordingly did. He had unusual 
 facilities for the immediate acquisition of business, 
 having been well known to the attornies, and being of 
 a vigorous and energetic character, was ready to push 
 his interests on every opportunity. I have heard, and 
 doubt not the truth of the report, that in the first year 
 of his practice, Mr. Sergeant Wilde cleared £2,000. 
 Persons unacquainted with the actual working of the 
 system, may preach as they please concerning the 
 certain success which awaits at the bar splendid, 
 talents and unwearied application. It is possible, 
 
 • The reader need scarcely be informed that a classical education 
 is now reqiured for admission, not only to the Bar, but to the profes- 
 sion of a solicitor (Ed.) 
 
MR. SEKGEANT "WILDE. 139 
 
 perhaps probable, that after the lapse of years, they 
 may earn for their possessors emolument and dis- 
 tinction ; and it is also possible they may for ever 
 remain buried in obscurity, the mournful fate of not 
 a few lawyers — which may operate as a useful warning 
 to those highly gifted young men, who, filled with 
 lofty hopes, rush into the profession of the law, con- 
 ceiving they are about to reap at once the rich reward 
 of their talents and research. If they be not disgusted 
 at the success of men of doubtful merit, let them be 
 slow in hope, and moderate in their expectations, con- 
 vinced of this important truth, that if they had the 
 learning of Coke, with the eloquence of Curran, they 
 may be left behind in the race by individuals, who, 
 without half the talent of Sergeant Wilde, have, like 
 him, the cordial wishes and zealous support of that most 
 influential body of gentlemen, the attorneys. Mr. Wilde 
 soon became distinguished in the Common Pleas, in 
 which court there is a ridiculous monopoly preserved, 
 in England, no less unfair to the young barrister, than 
 injurious to the interests of the public. The assump- 
 tion of the dignity of Sergeant is rather a dangerous 
 step for some men, for it incapacitates them from 
 acting as juniors ; thenceforward they must appear as 
 leaders only. As a working second counsel, Mr. Wilde 
 
140 MR. SEKGEANT WILDE. 
 
 would have been regarded as an indifferent prompter, 
 for he is as much inferior in practical information and 
 knowledge of case-law to Chitty or PlattJ the old 
 established juniors, as he is above them in the showy 
 qualifications of the advocate. 
 
 In term time, accordingly, when sober argument 
 and temperate logic are required, together with 
 learning and good taste, Mr. Sergeant Wilde displays 
 no peculiar excelltence; he is, on the contrary, too 
 bold, loud, confident and impetuous, for quiet and 
 sober discussion ; and moreover, he is not deeply read 
 in his profession, as many of the reported cases in 
 Bingham amply testify. This is not in the least degree 
 surprising ; the wonder is, how an individual who never 
 studied, or had time to study, having suddenly jumped 
 into great business, has been able to keep his ground 
 among his legal brethren, many of whom have devoted 
 their lives to the attainment of professional knowledge. 
 The Sergeant, therefore, deserves high praise — he gets 
 through his arguments as well as others; and the 
 stranger who may happen to stroll into Westminster 
 Hall, during term, and turn into the Common Pleas, 
 to get a peep at the celebrated Sergeant Wilde, must 
 not be surprised at beholding a sturdy, loud-spoken 
 
MR. SERGilANT WILDE. 141 
 
 lawyer, whose voice and manner present but few 
 indications of either the scholar or the high-bred 
 gentleman. 
 
 The sittings at Nisi Prius are the scenes of his 
 triumph. In this department of his professional 
 practice, he is without a rival in the Common Pleas ; 
 he holds a brief in every cause, and from ten in the 
 morning till seven in the evening, with untiring 
 energy, dashes through assaults, cri/m. cons., trespasses, 
 libels, and seductions ; he is alike at home in every 
 case, and confident of success. It is in truth sur- 
 prising to behold the indefatigable Sergeant state his 
 case, examine, and cross-examine every witness — then 
 speak to evidence ; and the next moment commence 
 the same task over again, and so throughout the entire 
 day without cessation, preserving the same tone, voice, 
 spirit and eloquence, down to the very last. Nothing 
 can subdue or dismay -this courageous advocate; he 
 grapples so forcibly with every case, and tugs so hard 
 against his opponent, that resistance becomes almost 
 fruitless. Often, after watching the progress of a 
 cause, have I sat till seven on a summer's evening 
 to hear the Sergeant speak to evidence, and never had 
 I reason to regret it — never have I been disappointed 
 — on the contrary, my admiration for his masterly 
 
142 MB. SEKGEANT WILDE. 
 
 abilities, has been, if possible, increased ; surely, I 
 would say, this man must «be wearied with exertion ! 
 can he find strength for a fresh struggle ? Soon, how- 
 ever, " like a strong man refreshed with sleep," would 
 he spring up, to deal out his closing blow, seeming to 
 have reserved all his vigour for the last exertion, that 
 he might give it with signal effect. He assails his 
 " learned friend," brother Taddy, perhaps, with merci- 
 less force, overwhelming him with a burst of the 
 boldest eloquence;, then he lays hold of the evidence 
 for the defendant, and rends it to atoms, detecting 
 little flaws, which had escaped every other eye — . 
 exaggerating the most natural slip made by a witness 
 into a scandalous prevarication, and inveighing'against 
 monstrous inconsistencies, where there was scarcely a 
 discrepancy. Having annihilated the " flimsy case" 
 of his adversary, he next shows up his own evidence 
 in the most favourable light— glosses over whatever 
 cannot endure investigation — drive's every lurking 
 suspicion out of the mind of the jurors — takes their 
 understandings by storm — compels them to believe 
 that all is right and honest, then winds up with an 
 impassioned peroration upon his client's wrongs and 
 sufferings ; in the course of which, the words " honour," 
 "justice," "integrity of jurors," "rights of English- 
 
MK. SERGEANT WILDE. 143 
 
 men," predominate ; and lastly, flinging at the jury, by 
 this time well stirred up, two or three of the most 
 striking facts of his case, he demands, in a t6ne of 
 triumphant eloquence, their unhesitating verdict ; 
 which verdict, notwithstanding the sapient directions 
 of the judge, the jury, with such a speech ringing in 
 their ears, but too often return as the advocate bids 
 them. 
 
 The Sergeant is then released — the business of the 
 day is over, but the business of the night has yet to- 
 come ; there are the same number of causes to be tried 
 the next day — the same number of speeches to be 
 made, and consequently the same number of briefs to 
 be read. Accordingly, after swallowing a hasty meal, 
 the learned Sergeant will be found at his chambers. 
 King's Bench Walk, attending consultationsj and 
 wading through masses of papers, till an hour or two 
 past midnight, after which he may divert himself till 
 half-past nine in the morning, when he must be in 
 Westminster Hall, to begin afresh his squabbles with 
 " brothers Storks and Spankie." Frequently he spends 
 an hour or two in chambers, before breakfast, by way 
 of refreshment. Thus is he employed, till the causes 
 at Nisi Prius, in London and Westminster, which gene- 
 rally average in number, five hundred, are disposed of, 
 
144 ME. SERGEANT WILDE. 
 
 and then he goes circuit for the remainder of the 
 vacation. ' * 
 
 It is pretty evident, to hear such never ending toil, 
 his hodily strength must be commensurate with his 
 mental energies ; and this is exactly the case ; the 
 Sergeant is not one of your tall, pale, gentleman- 
 like men, who behave with propriety, and say very 
 nice things ; no, he is compact, and well-built, scarcely 
 above the middle size, and stands firmly on his legs; 
 his bronzed countenance betokens professional impu- 
 dence ; his face has' nothing remarkable in it, save the 
 nose, which being cocked up at the end, well betokens 
 the invulnerable effrontery of the proprietor. His 
 " iron voice," is the weapon with which the doughty 
 Sergeant overcomes every adversary; it is not harsh 
 nor mellow — it is not soft, nor is it coarse^ it is not 
 grating, nor does it fall gently upon the ear — it never 
 cracks, or even falters ; but is as firm, loud, distinct, 
 and bold, at midnight as at day-break. When fuiiibling 
 at the huge curtain which impedes your entrance into 
 the Common Pleas, the sonorous accents of the Sergeant 
 salute your ear. And when, after the lapse of many 
 hours, you depart, the same thundering noise, as it 
 were, cannonades you through the gloomy hall. His 
 stentorian voice, coupled with his inflexible energy. 
 
MB. SERGEANT WILDE. 145 
 
 renders him almost impregnable. His action cor- 
 responds with his delivery ; it is unstudied, and 
 appropriately impetuous ; he does not hesitate at 
 enforcing his argument with an occasional whack 
 upon the desk, to the evident discomfort of poor 
 brother Taddy. I firmly believe Wilde could talk 
 down Daniel O'Connell, and beat down Mr. Wallace; 
 and more need not be said, to convey a proper notion 
 of his wonderful assurance. 
 
 In the merry days of the good Chief Justice Best, 
 it was my constant practice to hurry to the Common 
 Pleas, like a true Irishman, to enjoy a row. The ex- 
 Chief Justice was a learned, honest judge, and a hasty, 
 cranky, old gentleman; while he continued to preside 
 in this court, he was teased by two eternal tormentors, 
 the gout and Sergeant Wilde ; and between bodily pain 
 and mental irritation he was frequently worked into' a 
 frenzy of passion. All would be tranquil, till the 
 Sergeant began to cross-examine, when " brother 
 Cross," objecting to a question, and " brother Wilde" 
 insisting upon its legality, the skirmish would begin. 
 The Sergeant and the Judge would fight it out man- 
 fully, for " the Chief" had great pluck — all would 
 speak together, and of course Wilde's voice would 
 drown opposition ; enraged with passion, " his Lord- 
 ly 
 
146 MR. SERGEANT WILDE. 
 
 ship would demand a, hearing," assert the dignity of 
 the bench, and administew a stiff rebuke to brother 
 Wilde, who, nevertheless, would still persist; and if 
 he was defeated, he would have the last word at aU 
 events. Sometimes before the opinion of the court 
 was delivered, the wily Sergeant would extort an 
 answer to the question in dispute-^then indeed, the 
 choler of the Chief Justice would be raised — in the 
 bitterness of his wrath he would exclaim, that justice 
 had been violated, and deplore " he had not done his 
 duty to this woman" (the witness). His Lordship was 
 given to charging the jury against Wilde, and if he 
 Succeeded with the jury — for he made it quite a 
 personal affair — he hobbled off the bench, chuckling 
 with satisfaction that he had beaten his enemy and 
 gained his verdict. Let me do justice to the merits 
 of his Lordship — if he was a partisan, it was in the 
 cause of justice, and there was nothing he so heartily • 
 detested as falsehood, trickery, or prevarication, which, 
 whenever he could, he did not fail to punish. It was 
 his favourite practice, when the jury had returned 
 their, verdict, virtually convicting a witness of per- 
 jury, to commit the witness to prison for contempt of 
 court, accompanying the sentence with a suitable 
 admonition, often not a little amusing. 
 
MR. SEBGEANT WILDE. 147 
 
 One substantial cause of Sergeant Wilde's great 
 success as an advocate in the Court of Common Pleas, 
 is the weakness of his rivals — they may all of them be 
 disposed of in a sentence. Brother Taddy is rather a 
 sensible man, but cold and spiritless ; Brother Cross is a 
 cross fellow to come across ; is stubborn and. will not be 
 put down, and his practice is limited ; Brother Andrews 
 is an exceedingly decent sort of person, and never con- 
 tradicts his betters ; Brother Spankie is but so, so, 
 sometimes useful in the defence of a crim. con. ; 
 Brother Storks a short man, singularly devoid of 
 genius, and provokingly loquacious ; Brother Jones a 
 plain man ; Brother Bompas — ^nothing; Brother Stephen 
 an exquisite scholar, who has written the best book ever 
 published on the science of pleading, who seems to have 
 but little practice because he deserves it most. Of the 
 present Chief Justice, it may be said, he has a very 
 lugubrious aspect ; but deserves the highest praise, for 
 he is a model of diligence, patience, impartiality, and 
 learning. 
 
 When Scarlett is .brought into the Common Pleas, 
 then, indeed. Sergeant Wilde meets his match, and 
 knows it ; for he sits as far from Sir James as possible, 
 and regards him with evident apprehension. The ease, 
 ingenuity, and softness of Sir James put him out of his 
 
 L 2 
 
148 MR. SERGEAXT WILDE. 
 
 way; he is well aware it is not "Brother Storks" he 
 has to deal with, for Scarfett will hook an admission 
 from him before he knows where he is. Blustering is 
 of no avail ; if Wilde shouts ever so loud, Sir James 
 proceeds in his usual tranquil manner, satisfies the 
 judge, wheedles the jury, leads the witness, gains the 
 verdict, with the tranquillity of the artful advocate, 
 and I may add, with the c6mposure of a gentleman. 
 No two persons in the world can be more diametrically 
 opposed to each other, in every possible respect, than 
 these distinguished advocates. And it is not a little 
 entertaining, and perhaps instructive, to view in con- 
 trast and in confGct, Messrs. Wilde and Scarlett, who, 
 by pursuing an exactly difiPerent method, have each 
 arrived at the highest eminence in the most diiBcult of 
 all professions. How various, and how opposite must 
 be the feelings and ■ emotions which affect the under- 
 standings of men, disturb and touch their hearts, when 
 they can be worked upon for the accomplishment of 
 the same ends, by the exertion of talents so widely ■ 
 dissimilar. Perhaps the extremes may not be so far 
 removed, as we are taught by our classical recollections 
 of the two philosophers to believe, that the ludicrous 
 and the affecting are closely allied. 
 
 It may be collected from what I have written, that 
 
MR. SEKGEAKT WILDE. 149 
 
 in the oratory of Sergeant Wilde, there is little elegance 
 or refinement, no very deep streams of thought, and 
 little that is indicative of a polished taste — and such 
 exactly is the case. Although a far more successful 
 advocate than Brougham, and in the enjoyment of more 
 beneficial practice, he has neither the deep philosophy, 
 the profound and original conceptions, or the mighty 
 grasp of intellect of that extraordinary man — nor can 
 Sergeant Wilde lay claim to the mathematical precision 
 of Mr. Pollock — the classical thoughts, the bright, 
 although unequal images of Mr. Denman. His style 
 of eloquence may be summed up in a single word, 
 force — at nothing does he hesitate — he yields nothing 
 — he concedes nothing — but rushes on with rapidity 
 and strength, after the manner of a resistless torrent. 
 He may not gratify the delicate taste of the fastidious 
 scholar, but- the mass of mankind are not fastidious 
 schplars — and they can appreciate and understand him 
 — not because he exalts them by his eloquence above 
 the vulgar miseries of life, but because he frequently 
 touches those chords which nature has implanted in 
 the hearts of all, and in doi^g so, he appears to 
 differ from his hearers in this alone, that he is more 
 strongly affected by their common feelings and their 
 common sympathies. 
 
150 
 
 MR. SERGEANT WILDE. 
 
 From the impression I have of his capabilities,! appre- 
 hend, that if he succeeds in his designs upon Newark, 
 and becomes a senator, he will not shine conspicuously 
 in the House of Commons. The persons who compose 
 that house are a mob, it is true, but a mob of somewhat 
 superior order, and moreover engaged in the considera- 
 tion of topics foreign to the habits and employments of 
 the mere Nisi Prius advocate. The failure of many 
 eminent advocates testifies beyond controversy that to 
 harangue mobs, make neat speeches, or wrangle about 
 John Doe and Richard Roe — and to discuss with 
 statesmanlike abilities questions of vast national im- 
 portance, are vastly, different things, requiring very 
 different talents and attainments. 
 
 The habits of the Sergeant are not congenial with 
 those of his professional brethren — he mixes not 
 amongst them — not even on circuit does he dine with 
 them — Mrs. Wilde (till very lately) in the excess of her 
 conjugal affection, or apprehensive the Sergeant might 
 go astray, in her coach and four conducted him round 
 the circuit, and with her, as became a dutiful spouse, 
 he passed every leisure moment. He has, they say, 
 little relish for the innocent pleasures of life — ^literary- 
 conversation has no charms for him — and horrible to 
 relflte, he despises a cheerfid glass, and devotes even 
 
MB. SERGEANT WILDE. 151 
 
 Saturday, a joyous day, among the generous, hospita- 
 ble members of the English bar (and they are not a 
 few) to references and consultations, supporting nature 
 with a mutton chop, and a cup of muddy coffee in 
 chambers. 
 
 A British judge should be a man of erect and inde- 
 pendent mind, of singleness of purpose, and integrity 
 of heart. Whether Sergeant Wilde will ever reach the 
 Bench, cannot be predicted with certainty. 
 
 The vast acquirements of a Sir Matthew Hale, place 
 him high on the splendid catalogue of English judges 
 — history records his talents ; but it is his unshaken 
 love of justice, his purity and fearless honesty which 
 consecrate his name. 
 
 NOTE BY EDITOR. 
 
 • April, 1870. 
 The Sergeant Wilde of 1831, who, bred as an 
 attorney, and commencing practice as a barrister, at 
 the comparatively late age of thirty-five years, became 
 successively. Lord Chief Justice of the Common Pleas; 
 Lord Chancellor of England, a peer of the realm, and 
 
152 MR. SERGEANT WILDE. 
 
 cousin by marriage of her Most Gracious Majesty the 
 Queen, was, and must have been, a remarkable man. 
 Good fortune attended him at every step. 
 
 His father had been an humble officer of the Sheriffs 
 of London, but being distinguished by industry, ability, 
 and integrity, was introduced into a solicitor's office as 
 an articled clerk, and finally attained to a successful 
 and lucrative practice in the profession of solicitor. 
 He has the singular honor to reckon among his'imme-! 
 diate descendants two peers — the one — ^his second son, 
 Thomas, the subject of the foregoing sketch, who 
 became Lord Truro — and the other — his grandson — a. 
 son of his third son, Edward; — lately styled Sir James 
 Plaisted Wilde, and now Lord Penzance, the distin- 
 tinguished Judge of thie Divorce Courf. 
 
 Sergeant Wilde was called to the English Bar in 
 1.817. At the trial of Queen Caroline he served as 
 junior to Brougham and Denman, a circumstance 
 which did not tend to accelerate his promotion during, 
 the reign of Geo. IV. He received a silk gown in 
 1827! 
 
 He represented the Borough of Newark from 1835 
 to 1841, as colleague of the present Prime Minister, 
 Mr, Gladstone. He was appointed Solicitor-General by 
 Lord* Melbourne in 1829, in succession to Sir R. M 
 
NOTE BY EDITOR. 153 
 
 Rolfe (afterwards Lord Cranworth), elevated to a seat 
 on the bench as a Baron of the Exchequer. Early in 
 1841 he succeeded to the office of Attorney^General. 
 At that time Lord Melbourne's ministry was in a 
 critical state, and a story is told of Wilde, which, if 
 true, is more to his credit than to the honor of the 
 depositories of judicial patronage. It is said that 
 Wilde, oppressed with the weight of an enormous 
 business, had been advised to seek relaxation in the 
 comparative ease and quiet of the bench — and had 
 expressed his readiness to accept the place of a puisn^ 
 judge, should it fall vacant. It so happened that soon 
 afterwards a vacancy occurred, and the Chancellor 
 (Lord Cottenham) being seriously ill, the Prime 
 Minister was the person who, contrary to custom, was 
 to be consulted on the matter. Wilde went to Lord 
 Melbou'rne, who, before he had said a word on the 
 subject, said: — "Of course you must have the judge- 
 ship — ^but it is fatal to the government, for nobody else 
 can carry Nfewark — and whether Earle or Talfourd 
 succeed you, we lose another seat — which, with a 
 majority of four or five, that we have, is fatal." 
 Whereupon the Attorney-General did not so much 
 withdraw his application, as disclaim any such pur- 
 pose or intention, in such a way that if the matter 
 
154 MB,. SERGEANT WILDE. 
 
 were inquired -into in Parliament, no blame might be 
 attached to the government for making an appoint- 
 ment less satisfactory than it might have made. The 
 party Went out of office in the September following 
 (1841), and did not return till 1846. Then, however, 
 W]ilde-had his reward, for within a fortnight after his 
 accession to the office of Attorney-General, he suc- 
 ceeded to the Chief-Justiceship of the Common Pleas, 
 on the death of Sir Nicholas Tindal. 
 
 In four years afterwards, 1850, that distinguished 
 equity judge. Lord Cottenham, resigned the Chfincellor- 
 ship. Lord Johtf Russell felt such great difficulty in 
 finding a suitable successor, that he resorted to the 
 awkward expedient of putting the Great Seal in com- 
 mission — and so it might have remained for a time. Hut 
 Lord Brougham, following the impulse of his restless 
 spirit, and possibly, in order to embarrass his quandam 
 but ungrateful friends, the Whigs, assumed the func- 
 tions of the Chancellor, and began to play all sorts of 
 fantastic tricks in the House of Lords. Lord John 
 Russell was then compelled to look out for a Lord 
 Chancellor. He pressed the office on the Master of 
 the Rolls, Lord Langdale, in vain, and next on Chief 
 Justice Wilde, who, after much hesitation, and with 
 some reluctance, accepted it. Lord Campbell, with 
 
NOTE BY EDITOR^ 155 
 
 characteristic modesty, tells us that Lord John Russell 
 Tsnew well he need not make the offer to him. (the 
 Chief Justice of 'the Queen's Bench), who, since his 
 promotion, had openly declared his resolution to refuse 
 the Great Seal, if offered to him. This is somewhat 
 hard to believe from Lord Campbell, who, fifteen. years 
 before (1835), while professedly advocating the claims, 
 of Lord Broughanr to be restored to the "Chancellor- 
 ship by his friends, naively says, " / put in mp own 
 clai/m;" and from the same Lord Campbell, who in a 
 few years after, clutched the Great Seal of Ireland 
 with such eager avidity. 
 
 Lord Truro, taken from the iCommon Law Bar, and 
 devoid of all experience in equity jurisprudence, like 
 Lord Erskine, Lord Brougham, Lord Lyndhurst, and 
 Lord Campbell, nevertheless acquitted himself in the 
 office of Lord Chancellor, creditably and without 
 reproach. He brought to the discharge of his duties 
 extraordinary patience and diligence, and great natural 
 acuteness and impartiality. His greatest fault was that 
 he overdid his work, from habits acquired perhaps 
 when practising as a solicitor, a,nd he dwelt too elabo- 
 rately on all the points of a case, without due regard 
 to their relative value and importance. ' 
 
 Lord Truro retired from the Chancellorship in 1852, 
 
156 MR. SERGEANT WILDE. 
 
 on the accession of Lord Derby's first administration, 
 and he never returned to office. It is said he was not 
 sufficiently zealous in the chairacter of a Law Reformer 
 to attract the notice of the coalition Cabinet of Lord 
 Aberdeen, and that consequently the more facile Baron 
 Rolfe (afterwards Lord Cranworth), was preferred, 
 and transformed from a distinguished Common Law 
 Judge, into a passable Lord Chancellor. Lord Truro 
 was twice married. His second wife (1845) was 
 Mdlle. Augusta Emma D'Este, the daughter of his 
 Royal Highness the Duke of Sussex. He died 11th 
 November, 1855, aged 73 years. 
 
LORD PLUNKET. 
 
 March, 1831. 
 
 The intemperate abuse of passionate or prejudiced 
 men, cannot prevent generous minds from rejoicing at 
 the exaltation of transcendent talent. Despite party- 
 feeling, we share the triumph of the man of genius^- 
 the more especially if sprung from the people. We 
 think_of the early diflBculties which he surmounts 
 by his dauntless energy — of his hardships, hopes, and 
 fears, while a friendless student, which none, save 
 those who have felt them, can properly conceive. We 
 observe him emerging from obscurity, forcing his way 
 to fame and honour, subduing opposition, outstripping 
 every rival ; and we are gladdened in heart at the cheer- 
 ing spectacle of his final and complete success. We 
 should exult the more when we consider how different 
 has been the fate of many highly gifted individuals — ■ 
 
158 LORD PLUNKET. 
 
 how many men, in every profession, of undoubted 
 talents and profound erudition, after -wasting their 
 health by the intensity of their application, have per- 
 ished broken-hearted victims in the pursuit of fame — 
 how many have been crushed by poverty, or withered 
 by neglect. With regard to the promotion of Lord 
 Plunket, the hottest partizans might for once pay hom- 
 age to the excellence of genius, recollecting that the 
 judicial bench has been too frequently the reward of 
 apostasy and dulness. 
 
 Lord Plunket is the son of a Presbyterian minister, 
 who died, leaving his family in somewhat straitened 
 circumstances : he was enabled,' however, to pursue 
 his collegiate studies, as the preparatory step to the 
 attainment of . a profession. The fact of his lord- 
 ship having been brought up among Dissenters, may 
 have had some influence as to the formation of his 
 character. Whatever may be the peculiarities of Dis- 
 senters, it must be admitted, that their tenets and prin- 
 ciples, encourage boldness of thought, and freedom of 
 discussion, promptness to express their opinions openly, 
 and maintain them resolutely, to respect the sacred 
 rights of conscience, and to worship liberty as a 
 goddess deserving constant devotion. The Presbyte- 
 rians have evinced spirit, intelligence, and energy ; they 
 
LORD PLUNKET. 159 
 
 aided in raising Ireland from the degradation into which 
 she had fallen, and in achieving her independence ; 
 and they were proud of the great work which they 
 had helped to accomplish. Bred up among such a class, 
 young Plunket must have' imbibed liberal opinions — his 
 enemies assert, they bordered upon republicanism ; but 
 prejudiced critics cannot discriminate between a vir- 
 tuous enthusiasm for liberty, and a wild revolutionary 
 spirit. In our University he became a member of 
 the Historical Society, in its best days; a society 
 which is entitled to the lofty praise of having been 
 a noble training school for the cultivation of the 
 highest faculty the bounty of heaven has bestowed 
 on man. He soon attained eminence as a speaker; 
 his eloquence was bold and rapid, nervous and im- 
 pressive,. as it continues at the present' day, save that 
 it is matured by wisdom, and tempered by experience. 
 He quoted no verses; delivered no poor conceptions 
 wrapt up in pompous words ; he avoided rant and decla- 
 mation ; and, speaking logically and tersely, delighted 
 his audience by the vigour of his eloquence, no less than 
 he convinced their judgment by the soundness of his 
 reasonings. When we consider what a mighty ally ora- 
 tory is to him who aspires to public or professional dis- 
 tinction, when from the events every day passing around 
 
160 LOBD PLUNKET. 
 
 US, we behold the prodigious influence it exercises over 
 the passions and conduct 06 men, according as its ten- 
 dency is good or evil, we must be struck with astonish- 
 ment that the study of eloquence should be, at the 
 present day, so sternly forbidden in our universities, 
 as though it were a black art. May we not fairly hope, 
 that if ever the political excitement which now, rages 
 through the land, shall abate, the liberality of the board 
 may tempt them to re-establish the Historical Society, 
 the memory of which, even now, sheds a lustre on our 
 university and our country.* Lord Plunket's university 
 character travelled before him to the bar, and prepared 
 his friends for his early and signal success. When 
 keeping terms in London, he was an intense student; 
 and never man devoted himself more eagerly to the mas- 
 tery of the recondite learning of his profession. In his 
 person was strikingly disproved, the silly, but too preva- 
 lent opinion, that unabated perseverance is incompatible 
 with splendid genius. One of his earliest friends was 
 Archbishop Magee, with whose capacity and learning 
 the public have been long familiar : the intercourse and 
 
 * Written in 1831, when the Society was obliged to hold its 
 meetings outside the walls of Trinity CoUege. In 1843, it was ad- 
 mitted within them, the eloquent Bishop of Peterborough, being 
 auditor for the year — (Ed.) 
 
LORD PLUNKET. Igl 
 
 intimacy of such men must have been equally beneficial 
 to jboth — the literary triumphs of the one, must have 
 stimulated the other, by a generous rivalry, to perseve- 
 rance. Their political disagreement in after life dimi- 
 nished for a time, it was said, the friendship which had 
 been formed and cemented in their youth, when their 
 opinions could scarcely have been discordant. The 
 charge of inconsistency brought against either, might 
 be obviated by considering, that the question- on which 
 they differed most widely, had not then engrossed the 
 attention of the public. But Lord Plunket had another 
 and a dearer friend in Mr. Burrowes : their attachment 
 has been deep and lasting — alike honourable to both — 
 the growth of mutual esteem and reciprocal affection. 
 And no one circumstance reflects more honour upon 
 Lord Plunket's character as a man, than the unalterable 
 regard with which he has repaid the unshaken friend- 
 ship of Mr. Burrowes — a friendship of which the high- 
 est individual in the land ifaight feel justly, proud. 
 
 The success of Lord Plunket at the bar was prompt 
 and decisive, and that at a time when eminence was not 
 easy of attainment — when every inch of the ground 
 was disputed by numerous rivals of extraordinary 
 merit; He had to contend against the sweet-tongued 
 and persuasive Bushe, whose seductive oratory eu- 
 
 M 
 
162 LOED PLUNKET. 
 
 chanted every ear — the sound learning and strict logic 
 of Saurin — the wisdom and experience of Burston— 
 the power and simplicity of Burrowes — the irresistible 
 wit, the deep and touching pathos of Curran. I am 
 tempted to pause, and ask where are we to look for the 
 worthy successors of such men ? The oratory of the 
 Irish Bar has been sharply criticised:, it will now 
 escape observation — the genius of eloquence has 
 nearly fled, it is to be hoped not to make way for 
 declamatory ebullitions, nerveless insipidity, or prosing 
 tamehess. 
 
 Lord Pluriket was engaged in the celebrated case of 
 the petition to the Irish House of Commons, against 
 the return of Hutchinson for the University of Dublin. 
 His printed speech on that memorable occasion is ex- 
 cellent, of course ; but certainly not superior to that 
 delivered by his friend, Mr. Burrowes. They did all 
 that men could do, and failed ; for what can even the 
 snblimest eloquence achieve, when matched against 
 systematised corruption? His practice at this time 
 was extensive, and he possessed eVery requisite, 
 as a lawyer, to preserve and extend it; while his 
 acknowledged superiority, as a public speaker, marked 
 him out as likely to be a powerful ally to any political 
 party to which he might become attached. He was 
 
LOED PLUNKET. 163 
 
 introduced, accordingly, into the Irish Parliament, 
 in the days of its decline, and soon became one 
 of the conspicuous public characters of the time. 
 The speeches delivered by his lordship in the Irish 
 House of Commons are deeply interesting. There is 
 a recklessness about them, which seizes the attention, 
 and compels you to believe in the sincerity of the 
 man" who could employ such daring language. He 
 thundered forth his invectives with the most unsparing 
 fury, and lashed his opponents with merciless and in- 
 cessant sarcasms: ridicule he disdained— scorn, hatred, 
 and defiance, were the weapons of his wrath. 
 
 In the debates upon the Union, his passion was un- 
 governable, his indignation boundless; he vented his 
 rage upon the devoted head of Castlereagh with re- 
 lentless bitterness. The few sentences in which he 
 drew a comparison between Mr. Pitt and Lord Castle- 
 reagh, are unequalled for the mingled expression of 
 scorn and contempt. "The example of the Prime 
 Minister of England, inimitable in its vices, may 
 deceive the noble lord. The Minister of England has 
 his faults : he abandoned, in his latter years, the prin- 
 ,ciples of reform; by professing which, he had obtained 
 the early confidence of the people of England; and in 
 the whole of his political conduct, he has shown him- 
 
 M 2 
 
164 LORD PLUNKET. 
 
 self haughty and untractable : but it must be admitted, 
 that he has shown himself by nature endowed with a 
 tqwering and transcendent intellect, and that the vast- 
 ness of his moral resources keeps pace with the magni- 
 ficence and unboundedness of his projects. I thank 
 God that it is much more easy for him to transfer his 
 apostasy and his insolence, than his comprehension and 
 sagacity ; and I feel the safety of my country in the 
 wretched feebleness of her enemy. I cannot fear that 
 the constitution, which has been fprmed by the wisdom 
 of sages, and cemented by the blood of patriots and of 
 heroes,' is to be smitten to its centre by such a green 
 and limber twig as this." Of quotations; he has ever 
 been most sparing, especially of poetical morceoMx, 
 which are the usual embellishments of inferior 
 orators; but whenever he did adopt them, they were 
 singularly felicitous and pointed in their application. 
 The following passage from a speech upon the Union, 
 furnishes a striking exemplification of this: "The 
 independence of a nation, I must own, does not appear 
 to me to be exactly that kind of baga:telle which is to 
 be offered by way of compliment, either to the youth 
 of the noble lord, who honours us by his presence in 
 this house, or to the old age of the noble Marquis, who 
 occasionally sheds his setting lustre over the other ; to 
 
LORD PLUNKET. 165 
 
 the first I am disposed to say, in the words of Waller — 
 
 ' I pray thee, gentle boy, 
 Press me no more for that slight toy,' 
 
 And to the latter, I might apply the language of Lady 
 
 Constance : ' That's a good child — go to its grandam — 
 
 give grandam kingdom, and its grandam will give it a 
 
 plum, a cherry, and a fig — there's a good grandam.' 
 
 I hope, therefore, sir, I shall not be thought impolite, 
 
 if I decline the offer of the constitution of Ireland, 
 
 either as a garland to adorn the youthful brow of the 
 
 Secretary, or to be suspended over the pillow of the 
 
 viceroy." A classical quotation of his lordship's in the 
 
 Imperial Parliament, was remarkable for strength and 
 
 application ; it was that wherein he compared the fury 
 
 of the excluded Catholics to the 
 
 ' Irasque leonimi, 
 Vincla recusantiim.' 
 
 It must be admitted, that however the vehement 
 
 adjurations and passionate appeals in his Union speeches 
 
 may 'have been warranted by. the excitement of the 
 
 moment, yet, when perused calmly, at this distance of 
 
 time, they appear to border upon the extravagant ; as 
 
 where he exclaims, " For my own part, I will resist it 
 
 to the last gasp of my existence, and with the last drop 
 
 of my blood ; and when I feel the hour of my dissolu- 
 
166 LORD PLUNKET. 
 
 tion approaching, I mil, like the father of Ha/nnibal, 
 take my children, to the altar, and swear them to 
 eternal hostility against the invaders of their country's 
 freedom." His lordship has, on this family subject, 
 changed his mind wonderfully, and for the better. 
 
 This is not the fit place to discuss the policy or im- 
 policy of the Union ; but I may observe, that I can per- 
 fectly comprehend how a man might sincerely resist 
 the enactment of that measure, and as sincerely and 
 consistently, resist its repeal. A rooted conviction of the 
 irrevocable nature of that measure, may have naturally 
 increased the violence of Plunket's opposition to it; but 
 that because he resisted the measure of the Union, 
 thirty years ago, he should now, under- different cir- 
 cumstances, and at a different time, struggle for a dis- 
 memberment of the empire, does not appear to me to 
 be either logical or rational. 
 
 That he will in Parliament oppose to the uttermost 
 the Repeal of the Union, his connection with the pre- 
 sent ministry fully testifies ; that he can do so without 
 being obnoxious to the charge of inconsistency, is 
 obvious to every candid mind. His speeches in the 
 Irish House of Commons, although differing in style, 
 were scarcely inferior to any delivered by even the best 
 of his contemporaries : they read 'better than many of 
 
LORD PLUNKET. 167 
 
 Grattan's; for the logic is more easy., the language 
 more clear and unembarrassed, the metaphors not so 
 far-fetched, and the style less elaborate and antithetical ; 
 his inYective, although quite as caustic and severe, was 
 not so bitter and personal ; he eclipse^ Curran in the 
 character of a senator ; but before a j ury, he was inferior 
 to that incomparable advocate. Although his delivery 
 was not so graceful, or his words so flowing as those of 
 Bushe, yet his thoughts were more robust, his action 
 more unstudied and impressive. 
 
 Jle entered the Imperial Parliament, as member for 
 the University of Dublin ; nor could that learned corpo- 
 ration have selected a representative better qualified to 
 uphold their dignity and the honour of the country. 
 How unlike the fate of Flood was that of Plunket, in 
 the English House of Commons ; the first, with every 
 attribute of greatness failed, the triumph of the latter 
 was complete. His sound judgment soon taught him 
 to adapt his style to the serious character of his hearers. 
 Hence it is, that although a sarcastic vein prevails in 
 many of his speeches delivered in St. Stephen's, 
 yet the total absence of that haughty and contempt- 
 uous irony, which pervades his earlier efforts, is easily 
 perceivable. The English members, on the other 
 hand, soon saw the sort of man they had to deal with — 
 
168 LORD PLUNKET. 
 
 they admired and respected Him.; and the character 
 which he once gained amoagst them, he never subse- 
 quently lost. He was not a talkative member, nor did 
 he delight in making vapid observations on the presen- 
 tation of petitions ; he held himself in reserve for the 
 proper opportunity, and then showed that he knew how 
 to use it. 
 
 The Catholic question was the theme on whicji his 
 a,bilities shone forth most conspicuously ; his name be- 
 came identified with that great measure, and he was 
 ever regarded as its best and ablest advocate : he was 
 master of the subject in its principles and details, for 
 he had considered it long and attentively: be was like- 
 wise intimately acquainted with the condition of the 
 country which it more immediately concerned; his 
 speeches, consequently, teemed with cogent arguments 
 and valuable information on the matter. His admirers 
 say, that his speech delivered in 1813, in bringing for- 
 ward the Catholic question, was his most brilliant and 
 triumphant effort in the British senate; but I conceive 
 that all his speeches on this subject are equally excel- 
 lent and convincing r they are even finished composi- 
 tions — every sentence is perfect and compact;' and yet, 
 the speaker seems resolved' not to detain you a moment 
 longer than is necessarv — his mind hurries on to the 
 
LORD PLUNKET. 169 
 
 conclusion. How forcible are his illustrations: "The 
 time to have paused was before we have heaved from 
 those sons of earth, the mountains which the wisdom 
 or the terrors of our ancestors had heaped upon them ; 
 but we have raised them up, and placed them erect — 
 are we prepared to hurl them down, and bury them 
 again?" It is admitted, that in the debate on this 
 question, he excelled every other speaker: Canning 
 jok^d sometimes, Castlereagh blundered. Brougham 
 got into a passion, but Plunket, equally eloquent, was 
 more guarded and convincing'. All was respect and 
 attention while he spoke; no man was listened to with 
 such marked deference, nor were there heard cheers 
 more loud and triumphant than those which accompa- 
 nied his forcible and conclusive sentences. The most 
 remarkable of his speeches upon other subjects was that 
 spoken on the Manchester riots: his power was such, 
 that by turning round to assist the government and 
 assault the radical faction, he may be said to have saved 
 the country front ruin. At that unhappy time, the 
 discontent of the people was so fierce and violent, the 
 schemes of sedition so numerous and mischievous, that 
 the government of the country might be said to be 
 actually reeling frord its position. Plunket lent his aid 
 to prop it up, and by what was considered an astonish- 
 
170 I.OED PLUNKET. 
 
 ing effort of argument and eloquence, gave to tlie 
 frightened House of CommOns the tone and the temper 
 which the time required : he spoke of the radicals of the 
 day as "incendiaries, with their levers placed under 
 the great pillars of social order, and heaving the con- 
 stitution from its foundation." And yet, distinguished 
 critics have termed this speech feeble and degenerate, 
 compared with those initnitable specimens of masculine, 
 chaste, epigrammatic, vehement eloquence, which the 
 orations on the Catholic question displayed. He has 
 been accused of resting too much " upon the gelfieral 
 notoriety of facts " in the debate on the Manchester 
 riots; the Edinburyh Review observing it was just 
 such a speech a^ any lawyer might make up from his 
 brief. After. this criticism from the Udvnburgh, it is 
 amusing to turn to the Quarterly — what does it say of 
 Plunket and his speech? "As might havfe been expected 
 from the known character of Mr. Plunket's public speak- 
 ing, his speech is Eminent for the unkboured clearness 
 and compactness of its reasoning, for the noble sim- 
 plicity of its style and manner, and for the soundness 
 and devotion of its political views." The reviewer then 
 descants upon Irish eloquence, and bestowing upon it a 
 just and splendid encomium, proceeds to observe, that 
 Plunket's style was "all over UngUsh." A most admired 
 
LORD PLUNKET. 171 
 
 passage may not be entirely inapplicable to the present 
 times : " To whom are thesfe calamities to be attributed ? 
 Is it not to those who, actuated by selfish motives of 
 ambition (no, I will not say ambition, I will not squan- 
 der a word often applied to nobler aspirations, to such 
 base designs) — is it not to those who seek mischief for 
 mischief's sake, who would let loose the whirlwind, 
 though with the conscious incapacity to direct it ? who 
 would lay the fabric of social order in ruin, not so much 
 in the hope of rising upon that ruin, as for the satisfac- 
 tion of contemplating the haroc and desolation they 
 . had made ? " It is most strange to find two such emi- 
 nent publications differing upon the merits of a speech, 
 even as a composition. I entirely subscribe to the 
 criticism of the Tory journal, although I do not assent 
 to the fairness of the observation, that his style is all 
 over English. 
 
 Lord Plunket preserved his reputation in the senate 
 by speaking but seldom, and speaking well : but still it 
 must be admitted, senators relish variety of attain- 
 ments in public men; and Broughani, who displayed 
 such ability and information in the discussion of a 
 variety of subjects discussed in Parliament, deserves 
 far higher praise than the subject of this sketch, whose 
 iexertions were confined within a comparatively narrow 
 sphere. 
 
172 liOED PLUNKET. 
 
 With Mr. Plunket's powerful forensic efforts, every 
 person of taste must be intittiately acquainted. Consi- 
 dering his talents as an advocate, it appears somewhat 
 strange, in looking over the mournful catalogue of Irish 
 state trials, not to find his name appearing as counsel 
 for the accused. He seems to have stood aloof, to have 
 given way to Curran, his less solid, but more brilliant 
 contemporary ; the ardent character of the latter emi- 
 nent person tempted him to mingle more with the 
 people ; he was one of themselves, and it was natural 
 they should fly to him for help, when the strong arm 
 of power was raised against them. 
 
 For nearly twenty years Mr. Plunket practised only 
 in Chancery, for the business of which court his 
 wonderful sagacity peculiarly fitted him; he was not 
 remarkable for his knowledge of case law, nor did he 
 bolster up his arguments with decisions in point; 
 frequently, however, his purpose appeared to have been 
 rather to puzzle the judge than to establish his client's 
 case. It has been said that Plunket ought always to 
 have been counsel for the defendant; for out of the 
 plaintiff's case he was able to Extract arguments to 
 defeat him; and I have heard, but cannot vouch for 
 the fact, although it seems not improbable, that when 
 a cause had been called on, in .which he hardly looked 
 
LORD PLUNKET. 173 
 
 at his brief, he would say, " Well, no matter ; Sanrin 
 knows the case, and will say enough for himself and for 
 my purpose too ; " thus he always cut a staff at his 
 adversary's hedge to beat him with. Two memorable 
 jury cases prove in a signal manner the depth of his 
 understanding and the originality of his eloquence. The 
 first — the case of the prerogative information against 
 the Chief Baron, in 1817, is still fresh in the recollec- 
 tion of the profession and the public ; such a blaze of 
 eloquence, on so dry a subject, never before astonished 
 and delighted an Irish audience. Plunket's speech was 
 not decked with ornament, but replete with anti- 
 quarian and recondite learning ; sometimes amidst the 
 profoundest train of- reasoning, a sarcastic reflection 
 would escape him. His attack upon Mr. Saurin was 
 intemperate, but useful, as it afforded an opportunity 
 to the present Chief Justice* for the delivery of one of 
 the most beautiful speeches, in reply, ever made in a 
 court of justice. The second trial to which I allude, is 
 that of Handwich and others, for a conspiracy to create 
 a riot, in 1823. The statement of the then Attorney- 
 General, Plunket, was classical, energetic, and luminous ; 
 many parts, on a calm perusal, resemble a beautiful 
 historical composition, as, for example, the following 
 character of William the Third : " Perhaps, my lords, 
 
 • The late Chief Justice Bushe, then Solicitor-GeneraL 
 
174 tOED PLUNKET. 
 
 there is not to be found in the annals of history, a 
 character more truly great than that of William the 
 Third. Perhaps no person has ever appeared on the 
 theatre of the world, who has conferred more essential 
 or more lasting benefits on mankind — in these countries 
 certainly none. When I look at the abstract merits of 
 his character, and contemplate him with admiration and 
 reverence— lord of a petty principality — destitute of all 
 resources but those with which nature had endowed 
 him — ^regarded with jealousy and envy by those whose 
 battles he fought, thwarted in all his counsels, embar- 
 rassed in all his movements, deserted in his most critical 
 enterprises, he continued to mould all those discordant 
 materials, to govern all these warring interests; and 
 merely by the force of his genius, the ascendancy of 
 his integrity, and the immovable firmness and constancy 
 of his nature, to combine them into an indissoluble alli- 
 ance against the schemes of despotism and universal 
 domination of the most powerful monarch in Europe, 
 seconded by the ablest generals, at the head of the 
 bravest and best disciplined armies in the world, and 
 wielding, without check or control, the unlimited re- 
 sources of his empire. He was not a consummate 
 general; military men will point out his errors in that 
 respect; fortune did not favour him, save by throwing 
 
LORD PLUKKET. 175 
 
 the lustre of adversity over all his victories. He sus- 
 tained defeat after defeat, but always rose ad/uerais 
 rerwm immermbUis undis. Looking merely at his 
 shining qualities and achievements, I admire him as I 
 do a Scipio, a Regulus, a Fabjus, a model of tranquil 
 courage, undeviating probity, and armed with a reso- 
 luteness aijd constancy in the cause of truth and free-' 
 dom, which rendered him superior to the accidents that 
 control the fate of ordinary men." The excellence^f 
 this glowing description will induce the reader to pardon 
 the length of the. quotation. 
 
 Enough has been said of bis forensic eloquence, to 
 show that it was of matchless force, and sufficiently 
 elevated to raise the imagination to the level of great 
 and vigorous conceptions. Has not such a man as this 
 a right to the highest honours in his profesaon ? And 
 must not every one who admits and admires the supre- 
 macy of genius, feel indignant that reproaches should- 
 be hurled against a ministry for elevating to the highest 
 station in the land one whose talents are so undoubted 
 and so splendid. He possesses the rare union of high 
 and commanding eloquence, with the most acute and 
 vigorous reasoning powers; his natural logic exceeds 
 that of any living public man. It is astonishing with 
 what might he grasps the argument of an adversary ; 
 
176 tOKD PLUNKET. 
 
 and while he crushes it to pieces, extracts from it the 
 matter which is to serve his purpose. But there is no 
 trickery nor finesse in this ; he is not only a subtle, but 
 a bold logician ; he does not nibble away a point from 
 his antagonist, but tears it from him by main force; 
 yet always so as to appear to have reason and fairness 
 on his side. He is collected in debate, but never cold ; 
 he is seldom fiery, but then be is never frigid ; he is at 
 once skilful and strong; and when his adversary is 
 thrown, we scarcely know whether it is most' by adroit- 
 ness or by force. And yet, after all, I cannot help 
 thinking, that if he had accepted the office of Master 
 of the Rolls, and settled in England, he would have 
 injured his fame, and lost a portion of that high renown 
 which he now happily enjoys. In- parliament, he would 
 have always maintained his ground ; he might have made 
 a good equity judge ; but the bar over whom he was to 
 preside, had been accustomed to the immense erudition 
 of Lord Eldon, to the profound wisdom and luminous 
 decisions of Sir William Grant, to either of whom, as 
 equity judges, it may not be deemed presumptuous to 
 assert. Lord Plunket would have been decidedly in- 
 ferior. Mackintosh must have ranked above him as a 
 philosopher and an author ; for Plunket has given to 
 the world no proofs that he is either ; while Brougham^ 
 
LOED PLUNKET. 177 
 
 his equal in the senate, would have eclipsed him as an 
 universal scholar, as an author, as the friend of science, 
 the encourager of learning, the patron of many good 
 and useful works. Lord Plunket's memory and talents 
 cannot speedily be forgotten; but these illustrious 
 persons, owing, perhaps, to their favorable position arid 
 larger experience, will be considered to have more sub- 
 stantial claims upon the admiration of mankind, arid 
 their glory will assuredly be more solid and enduring. 
 
 NOTE BY EDITOR. 
 
 April, 1870. 
 LoED Plunket's story to the commencement of his 
 Chancellorship has been told with cordial appreciation 
 and marked admiration by the writer of the foj-egoing 
 memoir. I shall only add some particulars respecting 
 his judicial career and its close. ' 
 
 The writer of the sketch, a young, ardent) Irish 
 student, was fired with generous enthusiasm when he 
 beheld Lord Plunket, after such a distinguished course 
 in Parliament — after the toil of over forty years at the 
 bar, and at- the ripe age of 66 — ^at langth obtaining the 
 tardy requital of his services. 
 
 More than 30 years before, in company with Grattan 
 
nS LORD PLUNKET. 
 
 Flood; Curran, and Bushe, he had shed a lustre over 
 the expiring days of the Irish Parliament. Trans- 
 planted to the British House of Commons, he attained 
 rank as a parliamentary orator subordinate to none. 
 When he entered it, the great voices of Pitt and Fox 
 were hushed. The celebrities of the house had been 
 mostly Irishmen^Burke, Sheridan, Grattan, Barre. 
 Plunket appeared, and spoke in a style altogether dif- 
 ferent — correct, logical, and severe — in language terse 
 and chaste — with a delivery energetic, but sober and 
 exact, and with an eloquence rising with the occasion 
 to almost the loftiest heights. For over 20 years he 
 had been the consistent champion of the " Catholic 
 claims." He was, in the opinion of Sir Robert Peel, 
 the most powerful and the most able advocate the 
 Catholics ever had. At the bar his career had been as 
 rapid as it was brilliant. ■ In ten years, and at the com- 
 paratively early age of 33, he attained rank as King's 
 Counsel. When 39 he was Solicitor-General; at 41 
 he was Attorney-General ; but ^before he reached the , 
 bench the long period of 21 years had been' suffered 
 to elapse. 
 
 Mr; Plunket's promotion had been deferred to sub- 
 serve the exigencies of party. He was an adherent of 
 the Grenville Whigs. When, therefore, Mr. Canning 
 
NOTE BY EDITOB. 179 
 
 became Prime Minister, and formed his cabinet chiefly 
 from amongst the Grenville Whigs, Mr. Plunket natu- 
 rally expected to succeed to the highest office open to 
 his professional ambition, and the one to which his 
 practice and experience seemed to have specially fitted 
 him — the Irish Chancellorship. But the anti-Catholic 
 prejudices of King George IV. were so strong, that he 
 could not be got to sanction the appointment of the 
 great Catholic champion ; and the old Chancellor of the 
 Tories, Lord Manners, was requested to continue to 
 hold the Great Seal for some time longer, to afford 
 opportunity for his Majesty to make an arrangement 
 for placing it in proper hands.* Lord Manners, acr 
 oordingly, held the Great Seal of Ireland until the 
 November following, and, after an unsuccessful endea- 
 vour on his part to have it transferred to Mr. Saurin, it 
 was finally committed to the Vice-Chancellor of Eng- 
 land, Sir Anthony Hart. 
 
 Canning, sensible of, the vast obligations under which 
 the party stood to Mr. Plunket, endeavoured to repair 
 the first injustice done to him by placing him in the 
 next best office at his disposal — that of Master of the 
 EoUs of England, about to be vacated by Sir John S. 
 
 * See Letter from Lord Wellesley to Mr. Plunket, dated 19th April, 
 1827. " Life of Lord Plunket,',' by Hon. D. Plunket, voL 2, p. 245. 
 
 V 2 
 
180 LORD PLUNKET. 
 
 Copley's promotion to the English ChanceUorshfp. Now, 
 Sir John Copley (Lord Lyndhurst) had seldom or never 
 practiced in the Court of Chancery, and yet had 
 discharged the duties of Master of "the Rolls with effi- 
 ciency and without reproach: whereas Mr. Plunket 
 had served a long apprenticeship in the' court. He 
 was a leader under Lord Redesdale, and had conti- 
 nued suet for nearly 25 years ; when his competitors 
 were Saurin, Burston, Burton, Serjeant Ball, and 
 Pennefather, and his juniors, Lefroy, Blackbume, 
 Serjeant Warren, and many other emjnent Chancery 
 lawyers. It was, therefore, impossible for a moment to 
 suppose that Mr. Plunket was unfit for or unequal to 
 the duties of the office. " Plunket was actually ap- 
 pointed; but, after a few days of office, resigned;" 
 as he himself , expressed it — " not being able to recon- 
 cile himself to act against the feeling of a great number 
 of the profession, opposed to the appointment of an 
 Irishman, or, rather, Irish barrister.* In fact, the 
 English Chancery Bar rebelled against having a 
 stranger intruded into their sanctuary. He was thus 
 a second time thrust aside, on this occasion, to make 
 matters pleasant to the English Bar. 
 
 Sir Anthony Hart, as we have said, was appointed to 
 
 * Life of Lord Plunket, vol. ii,, p. 246. 
 
NOTE BY EDITOK. 181 
 
 the Irish OliancellorsMp ; an excellent lawyer and im- 
 partial judge, but unknown beyond the limits of the 
 Court of Chancery ; undistinguished and colourless as 
 a politician. Far be it from me to say that this was to 
 his disadvantage as a judge ; possibly the reverse : and 
 if the political and judicial functions of the Chancellor- 
 ship could have been dissociated, few appointments 
 could have been better. But, as matters stood, an 
 English Vice-Chancellor was entrusted with the im- 
 portant political functions of the Great Seal of Ireland, 
 made the constitutional adviser of the Viceroy in his 
 government of a disturbed country, and the supervisor 
 of its magistracy ; and it is not to be wondered at that 
 Sir Anthony Hart proved not particularly qualified for 
 the duties thus imposed upon him ; while Plunket, the 
 ablest lawyer and politician of his country, a man wise 
 and sagacious, in council, powerful and commanding in, 
 debate, and of the largest political experience, was 
 thrust into the Chief Justiceship of the Common Pleas, 
 to fill the place of the facetious Lord Norbury. 
 
 I cannot find that the Irish Bar imitated the spirit 
 of, their English brethren, expressed dissatisfaction, 
 or evinced discontent, although their foremost member 
 had been thus recently treated with marked discour- 
 tesy, if not injustice. They accepted an English 
 
182 LORD PLUNKET, 
 
 lawyer for their Chancellor as a Eoman province 
 ■would receive a pro-Consul at the hands of its 
 haughty mistress. 
 
 Lord Plunket remained at the Common Pleas until 
 the close of the year 1830, when the Duke of Wel- 
 lington's adnlinistration fell before the storm raised by 
 the Reform agitation. He then became Lord Chan- 
 cellor of Ireland (23rd December, 1830).* From 1831 
 to 1841 (excepting the short interval from 29th De- 
 cember, 1834, to 23rd April, 1835, of Sir Robdrt Peel's 
 first Conservative administration) he continued Lord 
 Chancellor, and the chief adviser of the successive 
 Viceroys, Lords Anglesea, Wellesley, Normafiby/ and 
 Ebringtbn. <..,.. 
 
 The close of Lord Plunket's judicial career has 
 been more than once the subject of narrative. Lord 
 Brougham has furnished a Preface to the " Life of 
 Lord Plunket," by his grandson, in which he describes 
 this transaction as " the most gross and unjustifiable 
 act ever done by party ; combining violence and ingra- 
 titude with fraud." 
 
 In a legal publication of the year 1855f there is a 
 
 * In Mr. Plunket's Biography, vol. u., p. 322, the date iM given as 
 30th January, 1830, which is, doubtless, a misprint. 
 t Legal Beview, vol. xxiL, p. 233. 
 
NOTE BY EDITOR. 183 
 
 fuller narrative of this particular crisis, which is highly- 
 interesting, in itself, and bears indubitable marks of the 
 peculiar style of the noble writer of the Preface. Lord 
 Brougham had a habit of repeating himself; and as 
 one instance I may notice a correction in the paper 
 to which I allude, of Mr. William Henry Ourran's ren- 
 dering of Lord Plunket's celebrated figure of Time, 
 which, as given by Mr. Ourran, the writer deems to be 
 imperfect, inasmuch as it attributes everything to the na- 
 tural operations of time, leaving out what he considers 
 the fundamental part of the figure ; that he has la scythe, 
 naturally to destroy; but that the law-giver places an 
 hour-glass in the other hand to save. T,he metaphor is 
 repeated in Lord Brougham's Preface, and again in his 
 Historical Sketches,* with the emendation suggested in 
 the earlier paper ; and the law-giver is- brought forward 
 with formal accuracy, for the purpose of placing in the 
 hand of Time the appropriate hour-glass. It appears 
 to me that Lord Brougham and Mr. Curran have rather 
 spoiled' the simplicity and , grace of the metaphor or 
 picture produced by Lord Plunket's felicitous adapta- 
 tion of an image familiar to all men's minds, to every 
 child who has read ./Esop's Fables, of Time, as an old 
 man, with a scythe in one hand and an hour-glass in 
 
 * Sketch of Chief Justice Bnshe, Vol. ii., p. 198, 2nd series. 
 
184 lOED PLUNKET. 
 
 the other. Plunket was a master of rhetoric, and the 
 peculiar character of his Speaking was, that he never 
 used an unnecessary word ; and he would not have said 
 anything so obvious and matter-of-fact as that Time 
 mows, down the muniments of our possessions with a 
 scythe, lest his hearers should imagine it was with a 
 reaping-hook. Far less would he have encumbered his 
 metaphor with the clumsy part of the legislator so offi- 
 ciously introduced. He would have left these minor 
 accessories to the imagination of his audience. Mr, 
 James W. Lendrick, Q. C, one of the counsel in the 
 case in which Plunket used the metaphor, has given an 
 authentic, version of this much-lauded passage.* It 
 was on the trial of a quare i/mpedit (not in a cause in 
 Chancery, as Lord Brougham has it) that, in the course 
 of his address to the jury, when certain deeds could 
 not be produced to sustain the title, a^ alleged, and as 
 it has been enjoyed, the advocate was obliged to 
 resort to the aid of prescription: — "Time," he said, 
 "with the one hand mows down the muniments of 
 our title; with the other he metes out portions of 
 duration which render these muniments no longer 
 necessary." The scythe, the hour-glass, and the 
 
 • See Drury's Reports, temp., Lord Chancellor Napier, 641, 
 Note a. 
 
NOTE BY EDITOR. 185 
 
 legislator are interpolations of Mr. Curran and Lord 
 Brougham. 
 
 The paper which I venture to connect with the 
 name of Lord Brougham purports to be a review of 
 Mr. Curran's Sketches of the Irish Bar, republished in 
 1855 ; but it is entirely occupied with Mr. Curran's 
 able sketch of Plunket, which left off with the year 
 1822. It speaks of Plunket's great parliamentary and 
 forensic reputation, and proceeds to refute an asser- 
 tion sometimes made, that the great" success of Lord 
 Plunket's eloquence was confined to Irish questions in 
 the House of Commons. It alludes, in terms almost 
 identical with those employed in the Preface, to the 
 remarkable speech of 1819, on the conduct of Mr. 
 Wyndham Quinn, charged with corrupt practices, in 
 which Plunket followed Sir Robert Peel on the same 
 side, the defence; and although he had not had the 
 benefit of being present when the evidence was given, 
 surpassed him with extraordinary effect. Peel, who 
 had taken an active part in Mr. Quin's favour, 
 made a speech in mitigation, and never thought of 
 defence : — " He had gone over the whole field, as it 
 were, but put up none of the game. He never had 
 dreamt that there were the materials of a case in his 
 friend's behalf. Mr. Plunket, who had only read the 
 
186 LORD PLUNKET. 
 
 evidences at once saw those materials, and used them 
 most powerfully. His speech was masterly, and left 
 his hearers in astonishment at the difference of the two 
 advocates." ; 
 
 Plunket's famoiis speech on the -Marriage Law in 
 1822 may be cited as another instance of his success on 
 a subject wholly removed from Irish. controversy. How- 
 ever, it must be admitted that, notwithstanding his 
 great powers and capacity, he seldom troubled himself 
 with such subjects, and was by no means diligent 
 in preparing himself for the discharge of the everyday 
 duties of a parliamentary representativej and it was 
 but occasionally that he took part in the great ques- 
 tions of the day, imperial, international, or cosmopo- 
 litan, as they happened to arise, 
 
 In proof that Plunkfet's oratorical triumphs were not 
 confined to the House of Coinmons, the debate on the 
 Reform Bill of 18&1 may be mentioned, in which he 
 bore a distinguished parti His speech upon this occa- 
 sion was one af his happiest efforts, and put to flight 
 the notions which some had been found to entertain-^ 
 that the gift of eloquence had departed from him. 
 
 Lord Pluiiket's eloquence was, undoubtedly, his best 
 title to fame. In that kind of eloquence, which seeks 
 to convince by close reasoning, clear exposition, apt 
 
NOTE BY EDITOR. 187 
 
 illustration, and persuasive earnestness, he, perhaps, 
 has never been- surpassed; although in that still higher 
 degree of eloquence, by which the human mind is not 
 merely convinced, but aroused, agitated, and subdued, 
 he was wanting; his speeches are altogether void of 
 that passionate warmth and enthusiasm which kindles 
 the emotions, stirs up the latent forces of our nature, 
 and leads captive the will to- the purpose of the orator. 
 He was a master in reasoning, and, perhaps, the exces- 
 sive sobriety and coolness^ of his judgment, and the 
 caustic, rather than genial, character of his wit, pre- 
 cluded him from ever reaching the highest range of 
 oratorical excellence. 
 
 As the manner of -Lord Plunket's retirement from 
 the Irish Chancellorshijp, and the pretext und«r which 
 it was acfeomplished, are so well known, it is needless 
 to say anything more about them here^ but that his 
 resignation was sudden and unexpected: 
 
 On the 17th of June, 1841, Sir John' Campbell's 
 address to tfie electors of Edinburgh, soliciting re-elec- 
 tion, had appeared in the public papers. On that same 
 day Lord Plunket's resignation was procured by the 
 Lord Lieutenant of Ireland, Lord Ebrington,-and for- 
 warded to Lord Melbourne ; and received, probably, on 
 the 18th; and on the 22nd the London Gazette con- 
 
l88 LORD Plunket. 
 
 tained the announcement of the elevation to the 
 peerage of John, Bai;on Campbell, consequent on Lord 
 Ebrington's success. 
 
 Lord Campbell's account of his appointment is 
 remarkably meagre and reserved. He says : " I had 
 been sent to Ireland to succeed Lord Plunket as Chan- 
 cellor there."* It is alleged that he was not in any 
 way privy to or cognisant of the negociations entered 
 into for his benefit. However this may be, the an- 
 nouncement of the appointment evoked an universal 
 storm of indignation. The press, both in England and 
 in Ireland, inveighed against it as a profligate job, per- 
 petrated by a ministry in extremis, and aggravated by 
 the indelicacy and indignity with which it was accom- 
 panied, towards one of the most respected public men 
 of his day; and it did infinite mischief, accordingly, 
 to the Whig party at the general election which 
 followed. The junior members of the Bar of Ireland 
 held a meeting, at which, not directly condemning the 
 appointment, they adopted a resolution to the effect 
 that, "as all judicial appointments in England were 
 made from the English Bar, so all judicial appoint- 
 ments in Ireland ought to be made from the Irish 
 Bar." The senior members of the Bar declined to 
 * Life of Lord Lyndhurst, p. 130. 
 
NOTE BY EDITOB. J 89 
 
 attend this mfeeting, and drew up and published a 
 protest against, the resolution passed at it. But after 
 this faint and ineffectual protest from the Irish Bar, a 
 lawyer, who ha(J, probably, ne^er set his foot in Ire- 
 land, or in any Court of Equity in his lifetime, was 
 accepted to preside in the High Court of Chancery, in 
 place of Lord Plunket, the man who, eminent as he 
 was as a statesman, an orator, and an advocate, and 
 actually appointed by the King, was contumaciously 
 rejected by the Bar of England, because he was an 
 Irish barrister, and withdrawn in deference to their 
 simple remonstrance. 
 
 Lord Plunket held his last sitting in the Court of 
 Chancery on the 21st June, 1841, and delivered three 
 judgments, two of which were afterwards reviewed 
 and affirmed by Sir Edward Sugden.* Lord Campbell 
 took his seat on the 2nd July in a crowded court, 
 thronged with curious spectators, anxious to catch a 
 glimpse of the Scotch lord who had come over to sup- 
 plant Lord Plunket. The new Chancellor sat exactly 
 four days, disposed of 16 causes (called short) and 10 
 motions, and then retired. He records his modest abne- 
 gation of the reward of his judicial services thus : " I 
 
 * Vize V. Stoney, and Kerr e. Lord Dimgannon. 
 
190 LORD PLUNKET. 
 
 had voluntarily waived my claim to the retired allow- 
 ance of the Lord Chancellor."* 
 
 In brder to prove his grateful memory of the recep- 
 tion he had met with in Ireland, in the following session 
 of Parliament, when a hill for the appointment of 
 two Vice-Chancellors for England was hrought for' 
 ward, he proposed that Irish, as well as English, 
 harristers should he considered qualified for the ap-^ 
 pointment. His gratitude- was as demonstrative as his 
 sincerity was dubious. He tells us himself, "Lord 
 Lyndhurst accepted the amendment, but slyly insi- 
 nuated that the object of the Irish ex-Chancellor was 
 to make himself less unpopular in Ireland ; so that Irish 
 barristers might give him a more cordial welcome than 
 he experienced when he first visited that country to 
 supersede Lord Plunket." It is hardly necessary to 
 add, that no such clause appears in the act passed for 
 the appointment of additional Vice-Chancellors in Eng- 
 land, and that the reciprocity of promotion is still all 
 on the one side, that of the English Bar. 
 
 Lord Plunket filled the ofiice of Lord Chancellor for 
 about ten years, and after this retired from public 
 life and observation almost entirely. 
 
 * Life of Lord Lyndhurst, p. 133. 
 
NOTE BY EDITOB. 191 
 
 The writerof the paper, which I have ventured to 
 attribute to Lord Brougham, has discussed the history 
 of Lord Plunket's judicial decisions in a fashion which, 
 to my mind, imports anything rather than unqualified 
 approbation on the part of the critic. He gives a for- 
 midable catalogue of reversals, mitigated by the state- 
 ment that they were either before or after the time 
 of his forced resignation, and, consequently, not the 
 cause of it. Lord Brougham, in the Preface, treats 
 the subject in a similar fashion, but with an am- 
 biguity of 'style, unusual with a writer like Lord 
 Brougham. He says* : " His judicial conduct in the 
 House of Lords and in the Irish Chajjcery has been 
 sifted closely, with a view to examine all the grounds 
 of the defence made for the Whig job; and it appears 
 from the Lords' journals that the only reversals of his 
 decrees were of-f- those made before the pretence of his 
 failing faculties were heard of, ort after the attempt 
 ■frustrated in 1839, and successful in 1841." It is hard 
 to say' whether Lord Brougham points to the actual 
 date of Lord Plimket's decisions or to the time of the 
 discovery of their infirmities. The latter period seems 
 the more important, so far as the Whig Government 
 
 * Preface, p. 22. t Sic. J Sic. 
 
192 ' LORD PLUNKET. 
 
 ■Was to be inculpat^ed. If the fact of Lord Plunket's 
 failing powers or deficiencies, as a judge, first Decame 
 cognizable by the result of the appeals decided in 
 1839-1840, it might have furnished so far a plausible 
 justification for his removal, in a very slight degree 
 affected by the date of the actual decisions appealed 
 from. 
 
 Lord Brougham states that " two cases in 1841 
 demonstrated how entire his powers were that very 
 year of the intrigue. In Stokes v. Heron he made a 
 decree, which Sir Edward Sugden reversed ; but in 
 1845, on appeal to the House of Lords, three Law 
 Lords concurred in reversing the judgment of Sir 
 Edward Sugden, and affirming Lord Plunket's. In 
 Creed v. Creed he had reversed a decree of Sir 
 Edward Sugden, and the Lords, on appeal, affirmed 
 the judgment of reversal.* He adds : " Lord Cot- 
 tenham was in the Lords upon both the appeals, and it 
 is certain that upon him was cast by his colleagues the 
 blame of the unconstitutional dissolution of 1841. He, 
 therefore, was well aware of the conduct towards Lord 
 
 • Preface, p. 22. Lord Brougham makes a slight mistake as to 
 Creed v. Creed. It was Sir Edward who re-heard it, and reversed 
 Lord Plunket's decree, which the Lords set up. The same error 
 occurs in the paper in the Law Review," p. 246, which is some slight 
 evidence of identity of authorship. 
 
NOTE Br EDITOR. 193 
 
 Pl^unket which accompanied that measure, and in all 
 pljelihood was .acquainted with the pretext urged in 
 support of that conduct."- It seems hardly fair to 
 place upon Lord Cottenham exclusively the blame of 
 the job by which Lord Plunket was removed. Lord 
 Brougham was a prominent meriiber of the judicial 
 tribunal -before which Lord Flunket's decisions were 
 brought for review, and in no single instance did he 
 dissent from the reversal of them; and even now, when 
 it is his purpose to extol the judicial character of Lord 
 Plunket, while he speaks highly and deservedly of 
 his unrivalled fame as an orator, of his remarkable 
 powers as an advocate, he couples, his eminence as a 
 judge with a conspicuous record of reversals. 
 
 Without quite accepting Lord Campbell's estimate 
 ' of Lord Brougham, as a practised rhetorician, who, to 
 add to the effect of liis sarcasm, could be extravagantly 
 complimentary, it may be well to remember that Lord 
 Brougham was an ex-Chancellor himself, smarting 
 under the indignity of having been superseded by 
 Lord Cottenham in a manner in some degree similar 
 to the treatment which Lord Plunket had received at 
 the hands of Lord Campbell. 
 
 Lord Cottenham's success as an eqiiity judge pre- 
 cluded all revenge in the form of criticism in that 
 
194 LORD PLUNKET. 
 
 direction. He was vulnerable only as a politician: and, 
 accordingly, Lord Brougham most unreasonably (as it 
 would seem) attributes to him the whole responsibility 
 of the dissolution of 1841, and.all the blame of Lord 
 Plunket's removal, as part of its plan of operations. 
 To intensify the public odium of what was an abomi- 
 nable job, he extols with extravagant praise Lord 
 Plunket's judicial capacity, and insinuates that Lord 
 Cottenham wantonly deprived the seat of judgment 
 of a most accomplished and efficient judge, when he 
 had the best opportunity of knowing the unimpaired" 
 soundness of his judgment from reviewing his deci- 
 sions in such cases as Creed v. Creed and Heron 
 V. Stokes, and contrasting them with those of Lord 
 St. Leonards, an acknowledged master of Equity. 
 But all this, however it might answer the immediate 
 purpose which Lord Brougham had in hand, is just 
 neither to the living nor to the dead. Lord Plunket's 
 great reputation as an advocate, an orator, and a 
 statesman, needed no adventitious supports or compli- 
 mentary attributes of qualities that did not belong to 
 him. He succeeded to the bench so late in life that 
 no person could have expected him to add to his fame 
 the further performance of a great Equity judge. To 
 contrast or compare him in this character with Lord 
 
NOTE BT EDITOR. , 195 
 
 St. Leonards was simply preposterous, and provokes 
 inquiry into that process of " sifting," by which Lord 
 Brougham professed to arrive at his conclusions. 
 
 Any professional reader who may examine the 
 reports of cases in the House of Lords from 1830 will 
 find them replete with appeals from Lord Plunket's 
 decisions. In the ten years of his Chancellorship may 
 be counted as many as 39 reported cases of Appeals, of 
 which 20 were reversals, 18 affirmations, and one case 
 otherwise disposed of. These appeals culminated in the 
 session 1839-40. The seventh volume of Clarke and 
 Finelly's Reports contains eight appeals from Lord 
 Plunket, including, probably, every case of sufficient 
 consideration to bear the expense of such an ordeal. 
 
 Lord Plunket's biograjier commends justly the 
 masculine vigour of his mind, and indicates as its 
 peculiar quality the boldness with which he grappled 
 with difficult problems. He says : " In the few in- 
 stances in which his judgments were questioned or 
 overruled, his error consisted always in a departure 
 from narrow authorities, and a disposition to use too 
 freely his privileges as an Equity judge." 
 
 Mr. Plunket also speaks of " the fearless spirit which 
 led" his distinguished ancestor '^sometimes to push a 
 principle far, or even to break through a slight cordon 
 
 o 2 
 
196 LORD PLUNKET. 
 
 of adverse decisions, in order to get at a result prac- 
 
 «, 
 tically desirable."* In this his biographer too truly 
 
 describes Lord Plunket. Judging from a review of 
 the cases presented to the House of Lords by way of 
 appeal, he would seem to have too frequently over- 
 looked the principles and restrictions with which the 
 domain of Equity had been regulated and circum- 
 scribed by its great founders and expositors; and, 
 trusting to his clear and masculine understanding 
 sometimes to have administered a moral Equity- 
 something of the jus naturce — different from that 
 formulated jurisprudence to which he was bound to 
 have given force and expression. The reports contain 
 several instances of this. 
 
 The first I shall mention is that of Hodgens v. 
 Hodgens, or In re Walker,* in which Lord Plunket 
 sought to create an equity in favour of the children. of 
 a married woman, who had deserted them and elopedV 
 with a paramour, to be maintained out of her separate 
 estate; because "the woman (in his own eloquent 
 language) had disrobed- herself of the character of a 
 matron and a parent, and it was a mercy to the 
 children to rescue them from her authority." When 
 this cause had been before Sir Edward Sugden, he 
 
 * Life, p. 328, note. t * CI. and F., 323, a.d., 1837. 
 
NOTE BY EDITOR. 197 
 
 took a more sober and restricted view of the powers 
 of an Equity judge; and the House of Lords, on 
 appeal, confirmed his view, and set aside the order 
 of Lord Plunket. 
 
 On the hearing of this case, it happened that a 
 supposed precedent for the course about to be adopted, 
 and sanctioned by Lord Redesdale, had been disco- 
 vered, and as it was cited at a rather late stage of 
 the argument, it gave occasion for Lord Plunket's 
 expressing his notion of the slight importance to be 
 attached to the absence of precedents. He said, 
 " The discovery of this authority goes to show how 
 unsound a course of argument it is to seek to raise an 
 obsolete rule, prohibiting all exercise of jurisdiction to 
 what is just, merely because the ordinary course of pre- 
 cedents does not show that such a jurisdiction has been 
 exercised; and the reasonableness of requiring,' in sup- 
 port of such an argument, some authority to establish 
 that the right to exercise such a jurisdiction has been 
 denied." Now the whole- character of our institutions, 
 the jurisdiction and powers of the High Court of Par- 
 liament, as well as the High Court of Chancery, are 
 based upon usage and precedent. Equity judges may 
 have adapted their jurisdiction to meet the modern 
 exigencies of society in its successive phases, but they 
 
198 LORD PICBTKET. 
 
 have shrunk from entering upon new and untrodden 
 paths, or enlarging thai domain of their authority, and 
 more particularly, where the ordinary and constant 
 relations of life are concerned, they have refused to 
 exercise jurisdiction, which does not appear to be 
 warranted by precedent. But according to Lord 
 Plunket's dictuTn, if it be understood as it stands, 
 whenever the intervention of the Court of Chancery 
 is desirable to accomplish what may be in the abstract 
 just, it will be necessary to prove a negative in order 
 to oust its jurisdiction; the Lord Chancellor would 
 thus become magister morum, the universal arbiter of 
 moral obligations and duties in the most sacred rela- 
 tions of life — ^between parent and child, husband and 
 wife — controlled only so far as an express precedent or 
 decision can be adduced to the contrary. 
 
 As another instance of this tendency in Lord Plupket 
 to allow his high moral sense to overbear his judicial se- 
 renity, I may mention the case of Persse v. Persse* which 
 came before the House of Lords in 1840. It was a case 
 between father and son, in which the son, by virtue of a 
 deed of family arrangement, sought to force from his 
 father, who had previously given him the larger portion 
 of his estate, the remainder of his property, which Lord 
 
 • 7 Cl. and F. 279. 
 
NOTE BY EblTOR. 199 
 
 Plunket refused to carry out. The House of Lords 
 took a less sentimental view of the matter, and held 
 that as the father had resisted the son's demand, not 
 on the ground of the hardness of the bargain, but 
 upoji a defence wholly untrue in fact, he should abide 
 the consequences. 
 
 As another instance in which Lord Plunket's warm 
 and generous synapathy with what he conceived to be 
 just, betrayed him into an error ultimately detrimental 
 to the object of his consideration, may be mentioned 
 the case of Malone v. O'Connor* at one period as 
 celebrated in bur courts in Ireland as the Yelverton 
 case of modern times. It involved the same element 
 of a marriage of a Protestant and a Eoman Catholic 
 by a Roman Catholic Priest, and presented the addi- 
 tional feature of a series of four successive claimants, 
 each trying to establish title as heir male to the estates 
 of a distinguished lawyer and statesman of the last 
 century. The plaintiff, after getting a verdict, was 
 obliged to incur the expense of two appeals to the 
 House of Lords, and a second trial which proved 
 abortive, and ultimately he was advised to compromise 
 his claims. 
 
 Another instance of those hard cases, which came 
 
 * 6C1. andF. 183. A.D., 1839. 
 
200 LORD PLDNKET. 
 
 before the House of Lords in the same yjear*, 1840, was 
 Smyth- V. Nangle,* in which lands had been held for 
 over a century and a half, under a lease for lives, 
 supposed to contain a covenant for renewal. The 
 original lease was not forthcoming. It was admitted 
 to have contaiined an agreement, that upon the insert- 
 ing of any life, there should be paid to the lessor and 
 his heirs a certain fine, and it had been, in fact, seven 
 times renewed; but the last of the lives, in the last 
 renewal, having died in 1836, the landlord de- 
 manded back the land's, and brought his ejectment,^ 
 whereupon the tenant filed a bill in Chancery to 
 restrain him ; and Lord Plunket, naturally desirous 
 to maintain the tenant's long possession, sent two issues 
 to a jury — one to try whether the lost lease contained 
 any such covenant, the other whether an agreement to 
 the same effect had existed before the lease was made. 
 The House of Lords set aside these issues, the one as 
 contrary to the law and practice of the Court, and the 
 other as inconsistent with the plaintiff's bill. 
 
 In the same year, 1840,t two decrees of Lord 
 Plunket were reversed on the ground that they were 
 based on an award under a reference to arbitration, 
 
 • 7 CI. and F. 405, nom. Nangle v. Smith, 
 t M'Cann v. O'Farrall, 8 CI. and F. 30. 
 
, NOTE BY EDITOR. ' 201 
 
 revoked by 'the marriage of one of the principal 
 
 parties. 
 
 About this time there prevailed a course of offensive 
 » 
 observation on the part of counsel who practised at 
 
 the bar of the House of Lords, as regards the low 
 standard of learning, and absence of technical know- 
 , ledge and precision in equity pleading amongst the 
 Irish bar. The topic was actually used as an argu- 
 ment in support of the decree in Smyth v. Nangie — 
 that the style of equity pleading in Ireland was so loose 
 and inaccurate that it was not to be judged by the 
 ■strict standard to which lawyers were accustomed in 
 England, and that the case which Lord Phmket's issues 
 sought to establish, was intended to be raised by the 
 pleadings, though effected in a slovenly inartificial 
 manner. Lord • Brougham, however, did justice to 
 the pleader, who had put his client's case upon the 
 rpcord as strongly, • and as clearly, as the facts would 
 warrant. 
 
 In another case in the same year, 1840,* Lord 
 Cottenham said that on several occasions the bar of 
 Ireland were represented as not being very conversant 
 with pleadings in a Court of Equity, but, as he 
 believed, without foundation, ". For I see no ground 
 .1 * De Montmorency v. Devereux, 7 CI. and F. 221. 
 
202 LORD PLUNKET. 
 
 to suppose that the rules of equity are not attended to 
 
 with great fidelity." • 
 
 In truth, few judges ever had the advantage of a 
 
 more accomplished and learned bar to assist in the 
 
 administration of justice than had Lord Plunket. I 
 
 might mention the names of Warren, Blackbufne, 
 
 Pennefather, Lefroy, Litton, Crampton, Greene, Moore, 
 
 Brooke, and many others — lawyers whom his snc- 
 
 cesssor. Lord St. Leonards, when presiding in the 
 
 Court of Chancery, in England, I have heard said, 
 
 used to refer to, in terms not unfavourably contrasting, 
 
 with their brethren in England. Yet, in that same 
 
 volume (7) of Clarke and Finelly's Reports, there is a 
 
 case* in which Lord Cottenham takes for granted, that 
 
 the bar of Ireland failed to bring under the judge's 
 
 notice, two of the most familiar and leading cases in. 
 
 equity jurisprudence,t known to every tyro at the bar. 
 
 Lord Plunket's decree was reversed on . the ground 
 
 that the plaintiff was neither a party noi: had he bound 
 
 himself to give effect to the deed of trust for creditors 
 
 which he was calling upon the trustees to execute in 
 
 his favour. Lord Cottenham said : — " I cannot suppose 
 
 but that this decree was made in consequence of 
 
 * Latouche v. Lord Lucan, 7 CI. and F. 772. 
 
 t Wallwyn v. Coutts, 3 Meriv. 707, and Garrard v. Lord Lauderdale, 
 2 Uuss. and MyL 451. 
 
NOTE BY EDITOR. 203 
 
 not calling the attention of' the Court to the well- 
 established doctrine above referred to." The cases 
 certainly do not appear by the report to have been 
 cited below, possibly, because it was a hearing (upon 
 report and merits) when the question might have been 
 no longer open. The argument on the first hearing 
 is not reported. But in another case,* argued before 
 Lord Plunket, in the following year, 1841, these cases 
 were cited, and Lord Plunket gave no effect to them. 
 The cause was afterwards re-heard before Sir Edward 
 Sugden,t and he reversed Lord Plunket's decree, and 
 the reversal was never disturbed so far as I can find. 
 
 I fear it must be admitted that Lord Plunket, 
 like his distinguished contemporary, Ldrd Lyndhurst, 
 latterly, gave way to an easy indolence, and to some 
 degree of carelessness. He would not stoop to the me- 
 chanical drudgery of writing out his judgments when- 
 ever he could possibly avpid it, and he was indifferent 
 as to their revision and correction — nor so far as appears 
 from his oral judgments did he take much trouble to 
 acquaint himself with the decisions of contemporary 
 judges. He had for .many years before he became 
 Chancellor, ceased from the ordinary run of practice 
 
 * Field V. Lord Donoughmore, 2 Dr. and Walsh, 630., 
 t 1 Dr. and War, 22 r. 
 
204 , LORD PLUNKET. 
 
 in the Court of Chancery, he only appeared there 
 occasionally, and in gre^t cases, apd when he came to 
 preside in it, he neglected to inform himself respect- 
 ing the details of the business he was conducting ; 
 hence he fell into errors, from which the quick appre- 
 hension, prodigious memory, and sagacious intellect of 
 Lord Lyndhurst— the indomitable industry, and almost 
 universal aptitude of Lord Brougham, to a great extent 
 saved them. His judicial course consequently was 
 marked by an amount of protest, in the shape of 
 appeals, to say the least, unusual.* 
 
 It was the fate of Lord Plunket and of Lord St. 
 Leonards to have alternately succeeded each other, f 
 and according to the custom of the country, when- 
 ever there was a change of the Keeper of the Great 
 Seal, dissatisfied suitors tried their chance of a more 
 favourable decision by applying to the new Chancellor 
 for a re-hearing.| The re-hearings consequent on these 
 several interchanges naturally led to some conflict of 
 opinion between the Chancellors, and to inevitable 
 
 • See Appendix, p. 211. 
 
 t Lord St. Leonards succeeded Lord Plunket in January, 1835, and 
 Lord Plunket succeeded him in April, 1835, and Lord St. Leonards 
 returned again in October, 184:1. 
 
 t This practice is now tept in check by the salutary reform of 
 having a permanent Lord Justice attached to the Court of Appeal. 
 
NOTE BY F.DIIOK. 205 
 
 criticism of each other's judgments, and aiForded to 
 the bar topics for comparison and contrast 'of the 
 respective merits of the judges. From my own re- 
 collection of these discussions, 1 cannot quite concur 
 in the too partial statement of Lord Plunket's bio- 
 grapher, that the opinion of the bar was " nearly 
 evenly divided in adjudging the preference to one or 
 the other." * 
 
 It is true, as stated by Lord Brougham, that in two 
 cases in which Sir Edward Sugden and Lord Plunket 
 differed, the House of Lords adopted the view of the 
 latter. The first case was Creed v. Creed, on the con- 
 struction of a very difficult will, upon which judges 
 might differ indefinitely. Sir Edward Sugden, how- 
 ever, was not quite satisfied with the result in the 
 House of Lords. He observes* that the Chancellor 
 (Lord Lyndhurst) does not ap'pear to have given his 
 attention to the case,-)- and that the other judge, Lord 
 (^lotfenham, was so inexact in making his criticisms on 
 the decrees, that he confounded the decree of Lord 
 Plunket with the decree of Sir Edward Sugden. 
 
 In the other case of Heron v. Stokes, the House of 
 Lords, advised by Lords Cottenham, Brougham, and 
 
 * Life, &c., p. 328. 
 
 t Law of Property in House of Commons, 42 1 , note. 
 
206 LORD PLDNKET. 
 
 Campbell, established the decision of Lord Plunket, 
 and reversed that of Sir 'Edward Sugden. The case 
 elicited some amusing specimens of those amenities which 
 may occasionally happen even in the exalted region of 
 the judgment seat. It turned upon a question whe- 
 ther or not Lord Plunket was justified in applying a 
 well-known rule propounded by Lord Coke (in Wild's 
 case) in respect of real estates, to personal property. 
 Sir Edward Sugden thought that Lord Plunket 
 laboured under a misapprehension as to the nature 
 of the rule. Lord Brougham, in the House of Lords, 
 considered it was Sir Edward Sugden himself, and 
 not Lord Plunket, who had fallen into the mistake, 
 " and that Lord Plunket was perfectly accurate, as 
 accurate as it was possible to be, in his reference to 
 the case, and that Sir Edward must have taken his 
 notion of that case from the margin of the report, 
 which is the work, not of Lord Coke, but of the 
 editor." To this Sir Edward Sugden rejoins,* " the 
 learned Lord Brougham actually confounded the deci- 
 sion in Wild's case with the resolution whidi was pro- 
 bably a dictum invented by Lord Coke himself ;" and 
 as to the imputation of being misled by a marginal note, 
 the reader is informed that " the only edition of Coke's 
 
 • P. 239. 
 
NOTE BY EDITOR. 207 
 
 reports that Sir Edward Sugden ever had, is one in 
 which there are no marginal notes." As to. the decision 
 itself, he adds, that the Lord Chancellor does not seem to 
 have taken any part in it, and continues : — " I cannot 
 help expressing a hope thrft the House of Lords, 
 whilst it endeavours to effect the intentions of testators, 
 will not remove landmarks, and refuse to apply settled 
 rules of construction to wills of personalty. The 
 difficulties in the way of the construction adopted, 
 were not grappled with, nor even alluded to, except 
 partially, by Lord Campbell." He concludes thus : — 
 " This case, which deserves the student's attention, 
 reflects no credit on the law as a science."* 
 
 Another case not mentioned by Lord Brougham, of 
 conflict between the judgments of Lord. St. Leonards 
 and Lord Plunket, in which the latter had decidedly 
 the advantage, was Shaw v. Lawless .f It was heard 
 before Lord Plunket in 1833 — his decree was reversed 
 by Sir Edward Sugden in 1835 — but the House of 
 Lords, on appeal, restored the decree of Lord Plunket. 
 It was in every way a curious case, in which Lord 
 Plunket's sound common sense and clear masculine 
 understanding, would seem to have directed him to a 
 conclusion manifestly right, unless overborne by tech- 
 
 * P. 248. t 5 CI. and Tin. 139, 
 
208' LORD PLCNKET. 
 
 nical law or judicial authority. It arose on the con- 
 struction of a curious wtll, in which Lord Plunket con- 
 sidered that the testator could not intend to use the 
 word " desire" in the imperative sense, so as to convey 
 a meaning so unreasona-ble and inconvenient as that 
 a solicitor and agent should be irrevocably annexed 
 to an estate. He said he ,had read of "a villein 
 regardant to land," but this was the first time he ever 
 heard of an " attorney" being regardant to an estate. 
 The latest case, in which conflicting decisions of Lord 
 Plunket and Lord St. Leonards, were reviewed in the ' 
 House of Lords, was that of Sheehy v. Lord Muskerry. 
 It was twice before the House, on the first occasion to 
 the advantage of Lord Plunket, and on the second to 
 that of Lord St. Leonards. Lord Brougham said on the 
 second occasion,* that the litigation in this case was a 
 reproach to the law, and certainly it was so in this 
 sense, that upon so doubtful a question, the court 
 of last resort did not finally determine it, when first 
 and fully under its cognizance; instead of remitting it 
 to the ordeal of twelve years further litigation — to 
 result in having one Chancellor and seven Irish judges 
 pitted against another Chancellor and eight English 
 and one of the Irish judges. 
 
 • I H. of L. C. 576. A.D., 1845. 
 
NOTE BY EDITOR. 209 
 
 I have found scarcely any trace of Lord Plunket's 
 judicial performances, in the House of Lords, of which 
 Lord Brougham speaks. His name appears but in 
 four cases altogether. In three of them he was the 
 judge appealed from.* The other case was an appeal 
 from the Master of the Rolls, Sir Wm. M'Mahon, 
 sitting for the Chancellor.t It would probably have 
 been diificult for an Irish Chancellor to be present in 
 the House of Lords during the ordinary hearing of 
 appeals; but, in regard to those cases, in which his 
 depisions were involved, his absence might have 
 been more than excused. Sir Edward Sugden, in his 
 curious book on the Law of Property in the House of 
 Lords, has taken another mode of supporting his own 
 decisions and reviewing those of the House of Lords 
 when they conflict. However, few judges can satis- 
 factorily discharge the function of sitting in appeal on 
 their own decisions. I believe the only remaining in- 
 stance of this anomaly is to be found in the Irish Court 
 of Appeal in Chancery, where the Lord Chancellor is 
 an essential constituent of the court which sits in 
 review of his own judgments. 
 
 * Vandeleur v. Vandeleur, 3 CI. and F. 82, Shaw v. Lawless, 6 CI. 
 and F. 129. Lord Miltown v. French, i CL and F. 276. 
 
 t Cdrporatiou of Dublin t>. AttomeT'-General, 10 Bligh, N.S. 
 
 P 
 
210- LORD PLUNKET. 
 
 In conclusion, I may repeat, that Lord Plunket's 
 best title to fame was* his eloquence in the Senate 
 and at the bar. The verdict of posterity will pro- 
 bably coincide with that of his contemporaries, and 
 with that of an Edinburgh reviewer, of a recent date,* 
 that " as a judge and exponent of our laws. Lord 
 Plunket was not in the first rank." Whatever other 
 or higher rank may belong to him, he was not, as 
 an Equity Judge, the peer of Eldon, Redesdale, St. 
 Leonards, Cottenham, or Sir William Grant. 
 
 * Edintmrgh Review, July, 1867, an able and discriminating paper on 
 Lord Plunket's life. 
 
APPENDIX. 
 
 Appeals from Cowt of Chancer;/ {Ireland) to House of Lords, reported in 
 the Authorised Bqiorts, from 1807 to 1867, inclusive: — 
 
 Lord CaANCELLOs. 
 
 Decrees 
 affirmed. 
 
 Decrees 
 reversed, 
 
 or 
 materially 
 
 altered. 
 
 Cases 
 otherwise 
 disposed of. 
 
 Total. 
 
 ILord Manners (20 years). 
 
 28 
 
 21 
 
 — 
 
 14 
 
 Sir A. Hart (3 years), 
 
 1 
 
 1 
 
 
 2 
 
 Lord Hunket (10 yeais),- 
 
 18 
 
 20 
 
 1 
 
 39 
 
 Sir E, Sugden (5 years), - 
 
 8 
 
 i 
 
 I 
 
 13 
 
 Sir M. Brady (8 yrs. 10 mths.), 
 
 6 
 
 10 
 
 — 
 
 16 
 
 Mr. Blackbume (1 yr. 5 mths.). 
 
 1 
 
 1 
 
 — 
 
 2 
 
 Sir J. Napier (1 yr. 3 months). 
 
 1 
 
 1 ' 
 
 '~~ 
 
 2 
 
 Master of Bolls. 
 
 
 Sir W. M'Mahon, - 
 
 1 
 
 — 
 
 — 
 
 1 
 
 Sir M. O'Loghlen, 
 
 1 
 
 — 
 
 — 
 
 1 
 
 Right Hon. T. B. C. Smith, 
 
 2 
 
 1 
 
 — 
 
 8 
 
 
 61 
 
 60 
 
 2 
 
 123 
 
 Deduct Duplicate Cases, like 
 Decrees of two Chancellors 
 
 Creed v. 
 were reyi 
 
 Creed, i 
 ewed - 
 
 n which 
 
 5 
 
 
 118 
 
 There are to be found in the same series, commencing with 1 Dow. 
 P.C., appeals from Lord Clare and Lord Redesdale ; iut as the reports 
 do not coyer the entire period of their Chancellorships, I have not 
 included them. 
 
 p 2 
 
MR. PETER BURROWES. 
 
 April, 1830. 
 
 The ancient. Egyptians had a law, which ordained 
 that the actions and characters of their dead should be' 
 solemnly canvassed before certain judges, in order to 
 regulate what was due to their memory. No station, 
 however exalted, no abilities, however eminent, could 
 exempt the possessors from this last and impartial trial. 
 To ingenuous minds this must have been a powerful 
 incentive in the pursuit of virtue, and a strong restraint 
 on the most abandoned in their career of vice. Modern 
 sketch-writing has improved upon this practice, for 
 whUe it leaves unnoticed the vulgar crowd, who merely 
 eat and drink, sleep and die, it rescues from oblivion 
 the generous actions of those who, within their appro- 
 priate sphere, have served the interests of their country 
 or promoted the happiness of mankind. Nothing can ' 
 be more useful than to portray living character. 
 
MR. PETER BURROWES. 113 
 
 because it increases our acquaintance with human 
 nature ; and less extensively perhaps but more strikingly 
 conveys that valuable knowledge of our species, which 
 it has been the proud object of more serious history to 
 impart. The periodicals of the present day, which have 
 done such signal service to the literature of England, 
 availing themselves of the attractions held out by this 
 pleasing mode of writing, have honourably' perpetuated 
 the virtues and talents of many deserving men, which 
 • might otherwise have been unnoticed and soon for: 
 gotten. 
 
 It has often surprised me, that, in the series of beauti- 
 ful sketches from the Irish Bar, which have long formed 
 one of the chief attractions in the pages of the New 
 Monthly, the eminent individual whose name is 
 prefixed to this paper, has been hitherto omitted. 
 Plunket and Bushe obtained the first and second places ;„ 
 Burrowes could fairly lay claim to the third. He was 
 their early firiend, their most formidable competitor in 
 the career of fame, hardly inferior to either in ability, 
 and certainly surpassed by none in purity of intention 
 and rectitude of conduct; and though his professional 
 life may not have been so fortunate or brilliant as that 
 of his distinguished compeers, it has been fully as credi- 
 table to himself and useful to his country. 
 
214 MR. PETER BDRROWES. 
 
 Peter Burrowes was born in Portarlington, Queen's 
 County, and educated ifi the University of Dublin, of 
 ■which he became a scholar, and where he acquired 
 other honourable distinctions. In the Historical Society 
 since suppressed, he was a distinguished speaker. 
 Amongst men of no ordinary cast of mind, by early 
 culture and, what is infinitely more serviceable, by 
 constant collision with keen and watchful adversaries, 
 his wits were sharpened, and his oratorical talents 
 polished and improved. Plunket and Burrowes were at 
 the Temple together, and on the most intimate terms of , 
 friendship, and he has been heard to say that so intense 
 a student was Plunket that he could not be prevailed 
 on to quit his books even for the purpose of attending 
 the debates in the House of Commons ; and that, too, 
 at a time when the world was teeming with astonishing 
 events, when the theme for discussion was a mighty 
 one, and handled, too, by mighty men. Plunket's 
 early application was in the end splendidly rewarded. 
 
 Mr. Burrowes, on returning to Ireland, was called to 
 the bar, and like every Irish lawyer of his day, soon 
 became a politician : his views were patriotic, and he 
 avowed them : they were not exactly palatable to the 
 existing government, nor likely to recommend him to fa- 
 vour ; his chance of promotion was, therefore, distant, his 
 
MR. PETER BURROWES. 215 
 
 professional prospects somewhat cheerless : but, neverthe- 
 less actuated by the ^noblest principles and by the purest 
 motives, he lent a helping hand to what he believed to 
 be a glorious work, and struggled to the last with his 
 illustrious associates in opposing measures which. he. 
 thought fatal to the independence of his country — the 
 adoption of which, however, no human eloquence could 
 prevent or retard. He naturally associated with those 
 whose political sentiments he supposed to be in unison 
 with his own, and thus it was that he became intimately 
 acquainted, with the celebrated. Wolfe Tone. That 
 extraordinary man, in his memoirs, extols»the character,' 
 recounts the number and intensity of the private 
 virtues, and applauds the public spirit of Burrowes; 
 declaring he had but one fault, and that was, that in, 
 his political principles he did not go far enough. The 
 fact was, he associated With such men as Tone, because 
 he believed them to be influenced by the same consti- 
 tutional and enlightened views as were his own ; but 
 the moment he discovered the desperate tendency of 
 their political opinions, he withdrew altogether from 
 their dangerous society : he never was a violent revo- 
 lutionist or a factious partisan: he loved liberty, and 
 therefore he clung to British connexion; he hated 
 tyranny, and therefore he resisted France. The failure 
 
216 MR. PETER BtlRROWES. 
 
 of Tone's project of invasion is known to all: he was 
 captured, dragged to Publin, tried in a summary 
 manner by court-martial, and sentenced to be hanged, 
 being sternly refused an honourable death, which, as a 
 French officer, he had hoped to obtain. That particu- 
 lar period was the gloomiest epoch in Irish history, 
 despondency or terror had seized upon the minds of all. 
 The political adherents and partisans of Tone deserted 
 and disowned him ; one out of a thousand examples of 
 the surprising change which a man's misfortunes work 
 in the afiFections, or even recollections of his former 
 friends-. This guilty but unhappy man had been, it 
 was asserted, unconstitutionally tried, and illegally con- 
 demned. At such a time, who would be so desperate 
 as to impeach the justness or correctness of a mode of 
 trial, instituted under the directions of a powerful 
 ministry and a triumphant party? The attempt could 
 scarcely be successful, and must inevitably expose the 
 the individual who engaged in it to obloquy and resent- 
 ment. Nevertheless, Mr. Burrowes, uniting his exer- 
 tions to those of Mr.- Curran, nobly endeaVoured to 
 save the life, or at least procrastinate the death, of one 
 whom he had known in happier days, but on whom the 
 world now looked- coldly. A writ of habeas corpus was 
 obtained, stiicide prevented the operation of the writ ! 
 
MK. PETER BURROWES. 217 
 
 The particulars of this sad scene of mortal suffering, 
 so touching and so afflicting, are pathetically narrated in 
 fhe memoirs of Curran by his son. I should not have 
 introduced the melancholy subject here, but that I con- 
 ceived the conduct of Mr. Burrowes on that memo- 
 rable occasion places his character in the fairest point 
 of view; and exhibits a friendship, disinterested and 
 pure, towards an unhappy man in the darkest hour of 
 of his a;dversity. 
 
 Perhaps the most excellent of his professional speeches 
 was that delivered before a committee of the Irish House 
 of Commons, in 1796. Peckwell's Cases present ho such 
 instance as the following of extraordinary bribery ; a 
 species of bribery, too, without a precedent in the 
 annals of corruption. Hutchinson, a lawyer, was un- 
 wisely appointed Provost of the University of Dublin,* 
 and conceiving the ambitious project of returning his son 
 to Parliament as member for that body, resolved that, 
 so far as money or patronage could effect it, no impedi- 
 ment should prevent the accomplishment of his wishes. 
 Assisted by these powerful auxiliaries, he fondly hoped 
 that there was no proud spirit which he could not bend 
 to his -wicked -purpose; no opposition, however bitter, 
 
 • Since the time of Hutchinson, none hut a fellow of the college has 
 been appointed to the high office of Provost. 
 
218 MR. PETER BURROWES. 
 
 which he could not 'soften; no integrity so inflexible 
 that he could not finaHy subdue. He commenced 
 accordingly: and to do justice to the memory of that 
 legal Provost, every engine of corruption was employed ; 
 every project which practised chicanery could suggest, 
 was attempted; he filled the University with cabals, 
 and converted the peaceful retreat of learning into a 
 market for the purchase and s^le of votes. I can con- 
 ceive no more flagitious perversion of authority than 
 that which this man's political mal-practices exhibited. 
 Appointed by the government of his country to ,an 
 office of the highest importance, he employs the patro- 
 nage with which he is invested, not to reward merit, 
 but to recompense political baseness : he laid snares to 
 entrap the youth of the University, and waged war 
 against their virtue : a second Sir Giles Overreach, he 
 went every length that he might hear his son pro- 
 claimed a "right honourable." Of course, such a Provost 
 did incalculable mischief; he imposed upon the weak, 
 awed the timid, the covetous he bribed. To the honour 
 of human nature, he was not universally successful: 
 he encountered many who could not be tempted by 
 their poverty to betray their conscience; who nbbly 
 spurned his offers, and despised his threats. With one 
 
MB. PETER BDEROWES. 219 
 
 individual* whom mere money could not gain over, he 
 resorted to an expedient of singular enormity: this 
 gentleman had already sat twice for a fellowship, but 
 without success ; and on the eve of the third examina- 
 tion, when, dejected in spirits with intense study, the 
 worthy Provost made an attempt to seduce him from 
 his honour. The proposal though shameful, was cer- 
 tainly tempting: it was simply this, that if Miller 
 would promise to vote for his son, the Provost would 
 give him a list of the questions which he meant to ask 
 at the fellowship examination, by which method, as 
 Mr. Burrowes remarked, a docile parrot might appear 
 wiser than Sir Isaac Newton. This basest of all bribes 
 was indignantly rejected ; Miller preferred the pro- 
 spect of honourable poverty, to the certainty of wealth 
 and dignity purchased at so dear a price. He had his 
 reward ; the examination for fellowship is a public one, 
 and his splendid answering ensured his election. The 
 facts relating to the attempt to bribe Miller were proved 
 in his .evidence before the committee. Such events 
 supplied brilliant topics for the display of oratorical 
 
 * This gentleman is the Eev. Dr. Miller, master of the endowed 
 school of Armagh, now far advanced in years, and universally 
 respected. 
 
 [The father of the Hon. Sterne Ball Miller, Judge of the Court of 
 Bankruptcy and Insolvency. — Editok.] 
 
220 'ME. PETEK BUEKOWES. 
 
 power; the picture of human nature which that con- 
 tested election exhibited *was strikingly diversified ; it 
 was darkened with the meanest vices, and brightened by 
 exalted virtue. If one youth fell a victim to corruption, 
 another triumphed over its pernicious influence ; if one 
 fell down and worshipped the golden calf, another 
 trampled the idol beneath his feet. The struggles of 
 youthful conscience, the machinations of corrupt men, 
 literature dishonoured, science insulted, and religion 
 disgraced, with the proud criminal impudently braving 
 consequences, these were no ordinary topics, and they 
 required to be handled by no ordinary man. Nobly 
 did Mr.,Burrowes discharge his arduous duty: his 
 closing speech, commenting on the evidence and the 
 various bearings of that singular case, was a happy and 
 successful effort, a noble specimen of pure and manly 
 eloquence ; it is replete with the finest conceptions, with 
 glowing combinations of thought, accompanied by 
 freshness of imagery and classic illustration, which 
 imparts to it a peculiar charjn; it far exceeds Lord 
 Plunket's speech, delivered in the same case. 
 
 I am convinced that had Mr. Burrowes entered the 
 imperial parliament, he would have surpassed the 
 
 * The Duke of Wellington (then styled the Honble. Arthxir.Wesley) 
 sat on the Committee of the Irish Parliament, for trial of this memo- 
 rable election petition, and voted against Hutchinson. 
 
MR. PETER BURROWES. 221 
 
 generality of his countrymen who have obtained seats 
 in that house. He possesses the chief requisites for 
 senatorial eloquence, simplicity and power being the 
 characteristics of his style. By the besetting sin of 
 modern oratory, that of talking for talking sake, he 
 has never been infected, wisely considering that copious- 
 ness of diction or richness of imagery are but poor 
 substitutes for that strength and compactness of style 
 that close and connected reasoning, which alone can 
 ensure an orator's reputation. Speakers, signalised for 
 their prolixity, and consequently for their feebleness, 
 appear to be governed by an ambition of a very humble 
 character; for, like the country couple described by 
 
 Goldsmith, 
 
 " They simply seek renown, 
 By holding out to tire each other down." 
 it has been ingeniously observed, concerning Messrs. 
 Bushe and Burrowes, that the latter seemed lost in a 
 little subject, where the graceful manner and ready 
 eloquence of Mr. Bushe shone forth conspicuously. It 
 requires a large subject to develope the mental faculr 
 ties of Mr. Burrowes ; something to warm his feelings 
 and stir his sympathies ; a great constitutional question, 
 for example, involving the dearest rights and liberties 
 of his countrymen. Perhaps this failing, if it can be 
 so called, might not have been detrimental with a par- 
 
222 MR. PETER BURR0WE3. 
 
 liamentary audience; the individuals who have been 
 considered the most effective speakers in the senate are 
 not those smooth and facile gentlemen ever prepared 
 to deliver, on common-place topics, neat sayings in 
 rounded periods ; those destined to govern in a popular 
 assembly must be of another mould ; taste in composi- 
 tion and propriety of language, though useful auxiliaries, 
 will not of themselves ensure success, nor atone for 
 feeble reasoning and superficial information. Power, 
 not nicety of expression, is the grand requisite for a 
 parliamentary speaker. I conclude, then, that Mr. 
 Burrowes, like his friend Lord Plunket, would have 
 acquired fame in the British senate. 
 
 It should not be forgotten, that he was a conspicuous 
 member of the Irish Parliament immediately prior to 
 its dissolution. The speech, which he delivered in 
 reply to the late Lord Castlereagh, in the ever memora- 
 ble debate upon the Union, fully equalled the efforts 
 of Plunket and Grattan on the same momentous ques- 
 tion, it evinced a thorough acquaintance with the fun- 
 damental principles of the constitution, and a just con- 
 ception of the mighty theme. He did not content him- 
 self with arguing the question coldly and metaphysi- 
 cally ; he was deeply moved, and, throwing his whole 
 soul into the subject, he poured forth the undisguised 
 
MR. PETER BURROWES. 223 
 
 feelings of his heart ; the noblest sentiments fell from 
 his lips, and, coupled with the irresistible simplicity of 
 his manner, produced a powerful effect. He chastised 
 the young lord for his wanton aspersion of the charac- 
 ter of Mr. Grattan, in a strain of nervous and indig- 
 nant eloquence which has rarely been surpassed. The 
 insertion of the concluding sentences he uttered in 
 the Irish Senate may not be considered inappropriate : 
 " I feel but little, any portion of the noble lord's 
 obloquy which may attach to me or my humble efforts ; 
 but I own I cannot repress my indignation at the 
 audacious boldness of the calumny which would asperse 
 one of the most exalted characters which any nation 
 ever produced, and that too, in a country which owes 
 its liberties and its greatness to the energy of his 
 exertions, and in the very house which has so often 
 been the theatre of his glorious labours and splendid 
 achievements. I remember that man the theme of 
 universal panegyric; the wonder and the boast of Ire- 
 land for his genius and virtue. His name silenced the 
 sceptic upon the reality of genuine patriotism ; to doubt 
 the purity of his motives was a heresy which no tongue 
 dared to utter ; envy was lost in admiration ; and even 
 those whose crimes he scourged, blended exalted praises 
 with the murmurs of resentment. He covered our 
 
224 ME. PETER BUREOWES. 
 
 unfledged constitution with the ample wings of his 
 talents, as the eagle cibvers her young; like her he 
 soared, and like her he could behold the rays whether 
 of royal favour or royal anger, with undazzled uninti- 
 midated eye. If, according to Demosthenes, to grow 
 with the growth, and decay with the decline of our 
 country, be the true criterion of a good citizen, how 
 infinitely did this man, even in the moment of his 
 lowest depression, surpass those upstart patriots who 
 only become visible when their Country vanishes. Sir, 
 there is something most singularly curious, and, accord** 
 ing to my estimation of things, enviable in the fate of 
 this great man ; his character and his consequence are, 
 as it were, vitally interwoven with the greatness of his 
 country ; the one cannot be high and the other low ; the 
 one cannot stand and the other perish. This was so 
 well understood by those who have so long meditated 
 to put down the constitution of Ireland, that, feeling 
 they could not subdue, they have incessantly laboured 
 to calumniate her most vigilant and ablest champion. 
 They appealed to every unguarded prejudice, to every 
 assailable weakness of a generous but credulous people, 
 they watched every favourable moment of irritation or 
 of terror, to pour in the detested poison of calumny. 
 Sir, it will be found on a retrospect of Ireland since 
 
ME. PKl'ER BUHROWES. 225 
 
 1782, that her liberties never re'ceived a wound that a 
 corresponding, stab Vas not inflicted at his character ; 
 and when it was vainly hoped that his imperishable 
 fame was laid in the dust,, the times were deemed ripe 
 for the extinction of our constitution. Sir, these im- 
 pious labourers cannot finally succeed ; glory and liberty 
 are not easily effaced ; Grattan and the constitution will 
 survive the storm ! " 
 
 After the Union, Mr. Burrowes was engaged in the 
 extensive practice of his profession, and in 1803 was 
 called on, in his legal capacity, to perform a most 
 melancholy duty. The circumstances of ' Emmet's 
 insurrection are generally known. After that mis- 
 guided youth was betrayed into the hands of the 
 government, his friends applied to Mr. Curran to act 
 for him as counsel at his approaching trial ; this was 
 peremptorily refused. Emmet's romantic attachment 
 to Curran 's daughter was notorious; he had dearly 
 proved the strength of his " early affection's vow," 
 for it was in attempting to take a last farewell of 
 the object of his enthusiastic love that he was arrested. 
 Mr. Curran was suspected of favouring his revolution- 
 ary principles, and, thus delicately circumstanced, his 
 declining to appear as counsel for Emmet was, per- 
 haps, pardonable. Plunket was then Solicitor- General, 
 
226 SIR. PETER BURKOWES. 
 
 and', possibly, the generality of the bar might not be 
 over-anxious to signalize themselves in defence of the 
 young rebel. In this calamitous situation, the relatives 
 of Emmet applied to Peter Burrowes ; with alacrity he 
 accepted the office of his counsel, but was spared the 
 trouble of making any unavailing speech in his defence. 
 When the trial came on, the crown lawyers spoke long, 
 and somewhat vindictivelyagainst the prisoner. Plunket 
 exposed the folly of his wild adventure in a laboured 
 and sarcastic speech ; for which he has been unfairly 
 calumniated, his enemies saying that he was the early%« 
 and intimate friend of Emmet, an assertion which was 
 totally false ; however, even the most stubborn loyalist 
 must admit that his speech in reply, on that occasion, 
 as the prisoner called no witnesses, was a little unneces- 
 sary. After the crown lawyers were exhausted, Mr. 
 Burrowes rose to speak, when the unfortunate though 
 undaunted youth, laying his hand upon the shoulder 
 of Mr. Burrowes, pressed him to his seat, observing 
 that while conscious of his zeal and intrepidity, 
 he should not harass himself in making unavailing 
 exertions on behalf of one whose fate was sealed. 
 When asked, " had he anything to say why sentence of 
 death should not be passed upon him ; " he answered, 
 ?' I have nothing to say why sentence of death should 
 
MR. PETER BUEROWES. 227 
 
 not be passed upon me, but I have much to say why 
 sentence of infamy should not be attached to it." His 
 pathetic but manly appeal thrilled every heart, and 
 drew tears from every eye. Lord Norbury was alone 
 unmoved, but this was as it should be, for it may be an 
 unseemly thing to behold the gravity of a judge dis- 
 composed by the intrusion of idle sympathetic regrets. 
 Mr. Burro\^es has not yet learned to speak of this tra- 
 gical scene without emotion. He recounts an anecdote 
 which strikingly exhibits the chivalrous devotion of 
 Emmet's attachment to Miss Curran ; when he heard 
 that her residence was to be subjected to the indignity 
 of a search after treasonable papers, he wrote to the 
 Secretary of State, offering to plead guilty forthwith, 
 provided the government would spare the feelings of 
 Miss Curran, and abstain from the commission of the 
 intended insult. There exists no individual for whose 
 splendid talents Mr. Burrowes entertains so high respect 
 as Lord Plunket's, and yet he has been heard to declare 
 that Emmet's dying speech, as a piece of pathetic elo- 
 quence, infinitely surpassed the professional, efforts of 
 the distinguished men by whom that prosecution was 
 conducted. It must not be supposed that he has ever 
 even hinted that the punishment of Emmet was unjust ; 
 on the contrary, it is while he condemns the madness 
 
 G 2 
 
228 ME. PETEK BTTEEOWES. 
 
 and criminality of his Quixotic enterprise, that the 
 recollection of his talents, his courage, and his love 
 excites feelings of tenderness and pity for his untimely 
 fate. 
 
 About the year 1805, Mr. Burrowes was appointed 
 one of the counsel to the revenue, a situation then 
 attended with considerable emoluments. Shortly after; 
 when the party whose principles he had espoused went 
 out of office, he also resigned, although his place had 
 never been considered a political one, and although his 
 circumstances could but ill afford so great a sacrifices 
 This voluntary resignation of several thousands aryear, 
 which, to many gentleinen of the profession, might 
 appear inconsiderate, or even romantic, proceeded from 
 an anxiety, perhaps too sensitive, to preserve his poli- 
 tical character from the charge of cupidity or vacil- 
 lation. 
 
 Among the many excellent professional speeches of 
 Mr. Burrowes, that delivered in the trial of Robinson, 
 for bigamy, will perhaps be found most attractive. It 
 is a beautiful narrative of facts, rendered peculiarly 
 touching by its unaffected simplicity. The circum- 
 stances of the case were unusually afflicting ; the 
 criminal, reduced to the lowest extremity in point of 
 health and fortune, introduced himself to a Mr. Berry, 
 
ME. PKTER BUBEOWES. 229 
 
 an eminent solicitor in Dublin, and, by tbe plausibility 
 of his manner, prevailed upon him, not only to under- 
 take several almost hopeless suits, but to supply him 
 with the means of existence ; and finally induced his 
 unsuspecting benefactor to admit him beneath his roof. 
 Mr. Berry had a daughter, young and lovely ; he could 
 have entertained no suspicions of the infamous designs 
 of his perfidious client, knowing him to be a married 
 man, and, moreover, mean in appearance, and shattered 
 in constitution. What followed can be shortly told; 
 through means the most unaccountable, he acquired 
 a fatal influence over this young lady's mind, and pre- 
 vailed upon her to consent to a private marriage, and 
 then, Wakefield-like, seemed perfectly contented, and 
 returned, with his victim, to reside as a stranger in her 
 father's house. At length, the unnatural union was 
 discovered, and a prosecution was the consequence. 
 The singular excellence of Mr, Burrowes' speech on 
 this occasion is, that the advocate, though seemingly 
 giving but a plain statement of facts, is, in reality, 
 making a most pathetic appeal to the feelings of the 
 jury, and taking the surest means of enlisting their 
 sympathies on his side ; thus proving that he thoroughly 
 understood the difficult art of forensic eloquence : that 
 language, and manner, natural and unaffected, will win 
 
230 MR. PETER BITRROWES. 
 
 the favour of a jury, while, to besiege them with un- 
 natural combinations of words, or to dazzle tneir minds 
 with pompous phrases, will probably defeat the ends 
 which the advocate hopes to accomplish. 
 
 The trial of Dr. Sheridan, under the Convention Act, 
 passed in Ireland in 1793, and involving, as it did, the 
 invaluable right of petitioning, created universal inte- 
 rest. Mr. Barrowes' defence of that gentleman has 
 long been considered one of the best specimens of legal 
 and constitutional reasoning extant: like his other 
 speeches, it is free from false ornament ; it is classical^ 
 convincing, and condensed. The student may perhaps 
 be induced, from what has been written, to examine the 
 speeches of Mr. Burrowes : he will not find in them 
 either the contemptuous sarcasm of Plunket, or the 
 sparkling wit of Curran ; but incessant irony displeases ; 
 and though to discover remote and beautiful analogies 
 strikes the imagination, yet it fails to satisfy the yearn- 
 ings of the mind, which demands and requires some- 
 thing more solid and enduring. It is not, I conceive, 
 extravagant praise, to compare the speeches of this 
 gentleman with Lord Erskine's, those exquisite models 
 of forensic eloquence ; , they are alike distinguished by 
 energy, fulness of sentiment, clearness of thought, 
 vigour of style, and beauty of illustration. 
 
MR. PETER BURROWES. 231 
 
 In private life, there never was an individual more 
 Tiniveraally respected than the subject of this sketch, or 
 one whose society was more eagerly coveted. To 
 young men, his conversation is peculiarly attractive : 
 in no respect dogmatical or dictatorial ; he will unre- 
 servedly communicate the most interesting anecdotes 
 of Grattan and Flood, honoured names ! and other 
 eminent characters of his times, with all of whom he 
 was intimately acquainted. He must have been a 
 dangerous rival to contend with in his younger days, 
 for even now, though the freshness of youth is some- 
 what worn off, a lovely girl will avert her bright eyes 
 from her prosing partner to lend an attentive ear to 
 his more intellectual and animated converse. He is 
 an invaluable companion on an excursion to roam 
 over the Wicklow hills, and explore the sequestered 
 glens of that romantic country; possessing a keen 
 relish for the beauties of nature, and bearing little 
 accidents without repining, he promotes every innocent 
 amusement, and without evincing an exuberance of 
 animal spirits, which might be unbecoming in one of 
 his years and station, he is uniformly so cheerful and 
 so joyous that a young man is almost ashamed of 
 appearing dull in his presence. 
 
 The young aspirant for professional distinction may 
 
232 MR. PETER BURROWES. 
 
 contemplate the character and conduct of Mr. Burrowes 
 with advantage. • 
 
 I would add, Mr. Burrowes bears some resemblance 
 to that British statesman, whose character he admired 
 most, Charles James Fox. I mean not, for it wOuld be 
 worse than flattery, to ascribe to Mr. Burrowes that 
 extent of information, greatness of soul, or splendour 
 of abilities, which, whatever may be thought of the use 
 he made of them, belonged to Fox: 1 allude merely to 
 their private virtues. The closing remarks of Mr. 
 Hazlitt, in his admirable sketch of the celebrated states- 
 man, are descriptive of Mr. Burrowes to the very life : 
 " He was superior to every kind of jealousy, of .sus- 
 picion, of malevolence^ to every narrow and sordid 
 motive; he was perfectly above every species of 
 duplicity, of low art and cunning; he judged of every 
 thing in the downright sincerity of his nature, with- 
 out being able to impose upon himself by any hollow 
 disguise, or to lend his support to any thing unfair or 
 dishonourable ; he had an innate loye of truth, of jus- 
 tice, of probity, of whatever was generous or liberal ; 
 neither his education nor his connexions, nor his situa- 
 tion in life, nor the low intrigues and virulence of party 
 could ever alter the simplicity of his taste, or the 
 candid openness of his nature; there was an elastic 
 
MR. PETER BURROWES. 233 
 
 force about -his h§art, a freshness of social feeling, a 
 warm, glowing humanity, which remained unimpaired 
 to the last ; he was by nature a gentleman." 
 
 NOTE BY EDITOR. 
 
 April, 1870. 
 
 There are men, few in number, indeed, but still 
 occasionally to be met, who, possessing almost every 
 endowment, are deficient in the faculty of self-assertion, 
 and, from want of force of character, from over-delicacy 
 of sentiment, or excessive refinement of nature, allow 
 themselves to be thrust aside in the struggle of life 
 by inferior men. Such a one seems to have been the 
 subject of this sketch, Mr. Peter Burrowes. 
 
 Somewhat the senior in age and standing at the bar 
 of Plunket and Bushe, he seems to have held a place 
 among his contemporaries not very much lower ; and, 
 judging from the specimens that remain of his speeches 
 in Parliament and at the bar, he was a man who might 
 fairly have contested the palm with either of them, or 
 with the distinguished advocates of a later time — 
 
234 MR. PETER BTJRKOWES. 
 
 Brougham, Copley, or Scarlett, if there had not been 
 some defect in what may be called the physical or 
 external qualifications essential to complete success. 
 He, doubtless, wanted the graceful action, silvery 
 voice, and majestic presence of Bushe — the calm 
 dignity and reserved power of Plunket and Copley 
 — the exuberant fancy and cutting sarcasm of 
 Brougham. His " utterance was laborious ; he spoke 
 from the chest." * His voice was not full or flexible, 
 and he never acquired the graces of action and 
 intonation — accomplishments which,, with all due 
 deference to his biographer, he might legitimately 
 have cultivated, without the least " insult to his under- 
 standing," and without encountering the smallest 
 suspicion of " artifice or trick." 
 
 Burrowes had been the intimate friend and admirer 
 of the gifted family of the Emmets. Mr. Whiteside 
 has mentioned how he was engaged in the defence 
 of the unfortunate Robert Emmet, on his trial for 
 high treason, after the tragical insurrection of 1803, 
 in which the amiable Lord Kil warden (Mr. Whiteside's 
 predecessor in the office of Lord Chief Justice), 
 was massacred in the streets of Dublin, in the 
 
 • Memoir of Burrowes, by Waldron Burrowes, Esq., p. 2. 
 
NOTE BY KDITOE. 235 
 
 presence of his daughter. The murder of Lord 
 Kilwarden shocked and disgusted every right-minded 
 man, and none more so than the unfortunate Emmet, 
 or 'his counsel, Mr. Burrowes. In a later state trial, 
 the King v. Kirwan (1812), he took occasion to hear 
 testimony to his worth : " We all remember that 
 revered character. We know that he loved the laws 
 and constitution better than life itself. The glories 
 that surrounded 'his last moments, and which ren- 
 dered his death as enviable as it was disgraceful to 
 the monsters who caused it, cannot soon pass' away. 
 His memory will live entombed in the heart of every 
 Irish lawyer as long as his profession shall retain any 
 dignity, or the laws upon which he shed such lustre 
 shall be held in any estimation." 
 
 Lord Plunket's part in this trial has been noticed. It 
 is erroneously stated, in two publications, that the libel 
 for which Cobbett was prosecuted, and an action 
 brought against him, was from the pen of Cobbett. 
 It was published in Cobbett's Register, but was from 
 the pen of one of his Majesty's Judges of the Common 
 Pleas, Mr. Justice Johnson. Mr. Burrowes, is stated 
 to have through life indignantly refuted the ca,lumny 
 to which Mr. Plunket was exposed.* 
 
 » Life of Lord Plunket, vol, i., p. 217. 
 
236 MR. PETER BURROWES. 
 
 Mr. Burrowes' duel with the Hon. Somerset Butlei* 
 has formed the subject "bf an amusing story, first 
 given by that inveterate scandal-monger, Sir Jonah 
 Barrington, with his usual amount of embellishment ; 
 and again, with questionable taste, in the Dublin 
 University Magazine. Mr. Burrowes' biographer has 
 thought it worth while to publish a corrected version 
 of the story, explaining how the penny taken in change 
 at the Post-Office got into the capacious pocket of his 
 waistcoat, with his letters, and thus providentially 
 intercepted the ball of Mr. S. Butler in its unhal- 
 lowed mission. 
 
 Mr. Burrowes had attached himself to the Whig 
 party. In 1806, when the Grenville administration 
 acceded to power, he was appointed Counsel to the 
 Revenue — a very lucrative post, which he resigned in 
 1807. It is stated that subsequently Mr. Secretary 
 Peel offered him the office of Third Sergeant- at Law 
 (not First Sergeant, as stated), which he declined 
 to accept, feeling he could not consistently adopt 
 the views of the Government. The appointment was 
 conferred on Mr. (afterwards Justice) Burton (1817). 
 In 1821 Lord Sidmouth, being Prime Minister, Mr. 
 Burrowes was appointed Chief Commissioner of the 
 Insolvent Debtors' Court. He was then in his 64th 
 
NOTE BY EDITOK. 237 
 
 year, and filled the office for 15 years. He retired 
 (1835),- aged 82. 
 
 In 1841 he went to London for surgical advice, and 
 there happened to meet his old friend, Lord Plunket, 
 on his way to Nice, after his being succeeded by 
 Lord Campbell in the Chancellorship. Their leave- 
 taking was in a long and affecting interview, each 
 feeling that he saw tlie other for the last time. Mr. 
 Burrowes died shortly afterwards, at the advanced age 
 of 89. He is buried in Kensal-green Cemetery. 
 
MR. JUSTICE BURTON. 
 
 There is no branch of our constitution which we con- 
 template with more delight than the judicial depart- 
 ment : the system is almost perfect in theory, although 
 it has sometimes been damaged in practice. The 
 British judge is independent alike of the Sovereign 
 who appoints him, and of the people over whose lives 
 and properties he presides ; were it otherwise, so long 
 as the supreme magistrates held their situations at the 
 will of the Crown, removable at pleasure, fear might 
 render them venal, subservient, or ready to truckle to 
 the powers on whose breath they depended, and from 
 whom they might expect fresh promotion by unworthy 
 compliances. Whatever hopes the members of the 
 bench may now entertain, there is but little to affect 
 their fears; and it is the opinion of some that it 
 might be an improvement on the present system, if 
 the first appointment of the judge was final, without a 
 chance of translation or advancement. The most diffi- 
 
MK. JUSTICE BURTON. 239 
 
 cult and delicate duty which the Government is called 
 upon to exercise in the disposal of its patronage, 
 consists in the selection of the judges of the land, 
 because experience has proved that mischievous and 
 melancholy results have followed, and ever will follow, 
 from subordinating the bench to favouritism or to the 
 spirit of- faction ; nor can it be doubted that any 
 administration would incur an awful responsibility, 
 and deserve the hatred of honest men, which would 
 place on the bench imbecility and ignorance, in 
 preference . to knowledge, integrity, and capacity. It 
 is not that the corrupt or hesitating judge* startles 
 and disgusts the public by some act of barefaced 
 and enormous turpitude, or of reckless subserviency 
 to the powers that be: it is in the thousand instances 
 which occur in the daily administration .of justice, 
 between man and man, that the mischief is done. 
 Here idleness, caprice, incapacity, or prejudice may 
 work their will, to the prevention of justice and the 
 ruin of the suitor. Who has ever travelled the 
 circuit, and witnessed the almost absolute power 
 which a single judge, in certain cases, exercises 
 over property, liberty, and life, that must not 
 tremble at the idea of authority so vast being con- 
 signed to inefficient hands ? How dreadful the notion 
 
240 MB. JUSTICE BURTON. 
 
 ■of a man's life being sacrificed to a whim, or his 
 property lost by a jester i and the initiated know how 
 fatal it is to a cause for even a prejudice to cross the 
 mind of the judge at a critical moment. These con- 
 sider-ations, surely, should be enough to induce any 
 wise government to evince their love of justice, .by 
 appointing to the bench men above suspicion, of large 
 understanding, of uncompromising integrity, of com- 
 petent knowledge, and whose character and fitness for 
 judicial business the public have previously stamped 
 by their confidence and support. 
 
 But if the bar, as a working profession, has been 
 improved within the last thirty years, so the constitu- 
 tion of the Irish bench has been changed materially' 
 for the better. We can assert, without fear arid 
 without flattery, that there are some as able men now 
 upon the Irish bench as ever adorned the , judicial 
 station; men who were distinguished not merely as 
 plodding, safe, and careful practitioners, but for the 
 ample measure of their natural genius ; for the strength 
 and grasp of their intellect; for depth of knowledge, 
 accompanied by a lofty and splendid eloquence. 
 Their celebrated speeches are amongst the finest spe- 
 cimens of genuine oratory; their, grave and weighty 
 arguments afford irrefragable evidence of learning. 
 
MR. JUSTICE BURTON. 241 
 
 sdlid, extensive, and profound ; and since their eleva- 
 tion to the bench, it is no calumny upon the bar to 
 state, that their places have not been supplied. Imper- 
 tinent and flippant speakers they were not ; they united 
 fact with beautiful illustration ; profound reasoning', 
 with brilliant elocution ; and combined manliness of 
 logic with the charms of classic lore. There may have 
 been those amongst them who have been touched with 
 the infirmity of some great minds — an incapability of 
 descending to the minntis of smaller questions, being 
 absorbed in the contemplation of nobler things. But 
 the perfect lawyer is he who, with a soul elevated and 
 aspiring enough to reach and comprehend a subject, no 
 matter how large, remote, and difficult, and with a 
 genius capable of soaring to the loftiest heights, can 
 yet exhibit as much tact upon small matters as com- 
 manding intellect when required — can seize upon a little 
 point, or expound a mighty principle. No profession 
 affords more ample scope for all the faculties and 
 energies of the mind, and for the useful habits of the 
 man of business. That practice and experience are 
 essential to constitute the judge, there can be no doubt 
 — no man could be a good judge without them ; but 
 when they are united to extensive acquirements, 
 general as well as professional — to natural eloquence 
 
242 MR. justice; burton. 
 
 and natural talent — the picture of a perfect magistrate 
 is complete. . And let *no man say that extensive 
 literary attainments are not useful to the judge. 
 Do they not, soften the disposition and humanize' the 
 character? and is it not of the last importance for the 
 judge to have profound and comprehensive views of 
 human nature, to be enabled to dive into the secret 
 springs of the soul, 4nd penetrate the hidden motives 
 of conduct ? 
 
 Perhaps there is no individual on the Irish bench 
 who unites these qualifications in a greater degree than 
 Judge Burton. Animated by no other feeling* than 
 those of respect and admiration, we would hazard a 
 few remarks upon his character — a character which can 
 stand the test of close examination, rendered only the 
 purer and more exalted by the scrutiny. 
 
 Judge Burton affords the best illustration of any ' 
 man on the bench, of unassisted intellect forcing its 
 way to eminence — triumphant over every difficulty. 
 Few. individuals have been surrojinded, at their outset 
 in professional' life, with more formidable obstacles. 
 He was an Englishman, a stranger unknown to the 
 Irish public and the profession. The period also, 
 before the Union, in which he coinmenced his career, 
 was eventful. The stormy politics of the day dis- 
 
MR. JUSTICE BURTON. 243 
 
 turbed the smooth current of the legal profession, and 
 plunged many of its members into furious political 
 controversies. Terrible events had happened, and the 
 social fabric was shaken to its very base. A struggling 
 industrious barrister could scarcely then expect an 
 opportunity of displaying his knowledge of Coke upon 
 Littleton: when a tempest of civil strife was raging 
 round him, it was not the most auspicious moment at 
 which to seek a livelihood by close application to the law. 
 But the troubles of that unhappy period of our domestic 
 history, were not his only difficulties. The profession 
 was stocked with men of fine genius aiid uncommon 
 energies, whose powers and acquirements were brought 
 into constant action and collision by the desperate cir- 
 cumstances of the times. They filled a large space in 
 the public mind, and deservedly, for their capacity 
 equalled the emergency that called it forth. Peaceful 
 times encourage industry, and the studious habits of 
 learned men ; but periods of civil distraction and com- 
 motion, when the feelings are roused and the passions 
 infuriated — when discord, tumult, and confusion 
 threaten ruin to the State — are fruitful in pro- 
 ducing men of vast mental powers. 
 
 Mr. Burton was thrown amongst persons distin- 
 guished amongst their predecessors and successors for 
 
 R 2 
 
244 MR. JUSTICE BURTOIT. 
 
 eloquence and knowledge, many of whom' have run a 
 glorious race, and reacBed the loftiest elevation to 
 which their ambition - could aspire. It required no 
 small portion of energy and talent to keep pace with 
 such illustrious rivals-^to prevent ,the brilliancy of 
 their fame from consigning his best efforts to compa- 
 rative obscurity. That Mr. Burton held his ground 
 among the best of them, is no small praise; for the 
 value of our success should be estimated by the 
 number and excellence of our competitors. Some 
 people imagine that his professional advancement was 
 entirely owing to the friendship of Curran. Unques- 
 tionably it redounds to his credit to have acquired and 
 preserved to the last the friendship of that remarkable 
 man ; but his friendship, however ardent and sincere, 
 could no more have gained practice for Mr. Burton 
 at the bar than it could have made him Emperor of 
 China. Mr. Burton was not in extensive practice till 
 Curran had passed the zenith of his fame ; and if he 
 had not been more persevering and industrious than 
 his distinguished, friend, obscui^ity must have been his 
 inevitable lot. Curran was incapable of severe mental 
 exertion, or of undertaking the drudgery of his pro- 
 fession. Difficult, abstract, legal questions, he never 
 could investigate or endure. A second Curran would 
 
ME. JUSTICE BUETON. 245 
 
 hardly have succeeded at the bar. Mr. Burton, on 
 the contrary, if he had not the imaginative, yet pos- 
 sessed the reasoning faculty to the highest perfection, 
 and a clear inquiring spirit, which taught him to 
 explore with "patience the principles and details of any 
 question that came before him, to comprehend it with 
 perfect distinctness, and discuss its bearings with con- 
 summate skill. 
 
 The rich gifts of fortune were not suddenly be- 
 stowed on Mr. Burton; nor did the patronage of the 
 great, or, accident, or luck-^-which have ere now 
 befriended many clever schemers — fill his pockets or 
 procure him place. On the contrary™and the fact 
 may encourage talents which for years have lain undis- 
 covered, and knowledge that has not yet been brought 
 to light — he toiled on for a considerable period without 
 business, and almost without hope. For some years 
 he went the circuit unnoticed, and for that very reason 
 was a favourite with the bar, who generally regard 
 with exceeding kindness the amiable, gentlemanly, 
 good-natured young men, who are unlikely to inter- 
 meddle in the monopoly of the few; but when the 
 good-natured youth exhibits symptoms of ability, and 
 what is worse, a likelihood of getting business, 
 he is sometimes pronounced to be forward and pre- 
 
246 ME. JUSTICE BURTON. 
 
 suming. It is said that chanee threw a suit, involving 
 a nice and difficult questlbn on a right of fishery, into 
 the hands of Mr. Burton, in the town of Tralee; The 
 illness or the absence of his leader, and the innocence 
 of his colleague, consigned the case entirely to his 
 management ; and so much deep and technical know- 
 ledge, such prompt ability did he display, that on 
 circuit he was never afterwards unemployed. A fishery 
 question was argued subsequently in the Court of 
 King's Bench, and the argument of Mr. Burton, deli- 
 vered by the lips of Curran, on that occasion, which 
 is fortunately preserved, exhibits a closeness of rea- 
 soning, comprehensiveness of knowledge, and extent of 
 research, Calculated to raise him to the first eminence 
 in his profession. He soon after obtained practice, and 
 eventually reached the most extensive enjoyed by any 
 individual of his time, aiid this by no mean acts or 
 questionable practices. His business was a tribute paid 
 to merit, large acquirements, capacity, and industry. 
 He became distinguished even for his eloquence, not 
 flashy or diffuse, but grave, energetic, pointed, and 
 convincing. When thoroughly warmed with the sub- 
 ject, Mr. Burton has surprised 'and delighted his 
 audience by the boldness of his conceptions, the just- 
 ness of his views, and the vigour of their expression. 
 
MR JUSTICE BURTON. 247 
 
 He was not deficient in sympathy and passion, when 
 the subject required them. The current of his feelings 
 flowed warmly round his heart, but they were con- 
 trolled by his sagacity, and regulated by the soundness 
 of his judgment.' He never offended the good taste of 
 his hearers by yiolerit and tasteless declamation. He 
 was not deficient in matter, and, therefore, required 
 not the aid of a multitude of unnecessary words to 
 cloak his ignorance, or hide the poverty of his mind. 
 
 terhaps one of the most important and remarkable 
 cases in which Judge Burton figured was the memo- 
 rable trial between the late Chief Baron and the 
 Crown, respecting the right of appointment to the 
 office of Clerk of the Pleas in the Court of Exchequer.* 
 This case, with the arguments- of counsel, and the 
 judgments of the Court of Error in full, has been accu- 
 rately reported by Mr. Greene ;t and it tended more to 
 raise the reputation of the Irish bar throughout the 
 empire than all the brilliant declamations of the • Four 
 Courts. Saurin, Plunket, Bushe, and Burton, argued 
 the case with unrivalled and splendid ability. There 
 was no authority, however ancient, that was not ran- 
 , sacked ; no principle, however apparently remote, 
 
 * The King v. O'Grady. 
 
 t The late Mr. Baron Greene. 
 
248 ME. JUSTICE BURTQN- 
 
 which, if useful, was not applied; no source of legal 
 learning, that was not explored and exhausted for the 
 subject. The reader of Mr. Burton's argument would 
 be surprised at the quantity of knowledge collected from 
 every quarter, evinced upon a theme seemingly barren, 
 and he would be struck with the lawyer-like arrange- 
 ment of so large a mass of facts, principles, and autho- 
 rities; and still more by- the exactness of the logic and 
 the strength and compactness of the reasoning which 
 pervaded his matchless argument. The language in 
 which the whole was couched was strikingly appro- 
 priate, expressing the idea with perfect precision, and 
 proving that the mind of the speaker was deeply 
 imbued no less with the principles than the phraseology 
 of the law. On the trial before the jury, Saurin was 
 profound and luminous, Plunket bitter and severe, 
 Bushe brilliant as ever, avenging himself upon his pow- 
 erful opponent with many a splendid sarcasm, while he 
 dazzled his fascinated audience. Burton shone not so 
 brightly, but with a steadier light, neither heated by 
 passion, nor led astray by fancy, he reasoned "with 
 powerful effect, in an argument compressed and 
 vigorous. It was the understanding alone he sought to 
 satisfy; striving to force conviction on the judgment 
 by the weapons of truth and reason. He exhibited the 
 
MB. JUSTICE BURTON. 249 
 
 utmost stretch of those powers of demonstration which 
 the thing to be demonstrated required or admitted. If 
 he did not soar to the highest flights of genius, he 
 fathomed the utmost depths of reason. The imagina- 
 tion may surprise or oi^erpower by the splendour of its 
 display, but the reasoning faculties of the human mind, 
 in their effects, are no less wonderful, and infinitely 
 more useful. The one may captivate or astonish by its 
 brilliant novelties, but it may likewise mislead honesty, 
 and varnish over injustice; while by the other delusion 
 is dispelled, justice secured, and the judgment restored 
 to the throne from which the imagination had for a time 
 expelled her. 
 
 If we wished to impress the learned professions in 
 England and Scotland with a suitable opinion of the 
 Irish bar, we would rest our claims to their respect 
 and admiration on the cogent evidence which the 
 report of the case of Chief Baron O'Grady affords., of 
 sound judgment, manly logic, learning extensive and 
 minute, clothed in the most emphatic and effective 
 language. 
 
 Judge Burton has sat for several years in the Queen's 
 Bench, discharging tis high duties with exemplary 
 ability and skill. Conscientious and impartial, he has 
 administered justice according to law, without fear, 
 
250 MR. JUSTICE BUKTON. 
 
 favour, or affection. The industrious habits of the 
 lawyer have not forsaken him on the bench. He 
 decides nothing without patient investigation and 
 research, and many of his judgments are master-pieces 
 of legal exposition. 
 
 He is merciful, and delights not in the shedding of 
 human blood. He believes in a truth which in this 
 country has been, in times past forgotten or over- 
 looked, that justice may be vindicated, and the laws 
 upheld, without a profuse waste of human life. 
 
 Judge Burton is, no doubt, an ornament to the 
 Court of which he is a member ; but it is when alone, 
 on circuit, and presiding in a Criminal Court, that the 
 virtues of the judge shine forth with peculiar bright- 
 ness. The calm attention, the unwearied assiduity, the 
 inflexible impartiality, with which the case of each un- 
 fortunate prisoner is heard and decided, must gain the 
 respect of every candid spectator. When the liberty or 
 life of his fellow-man is at stake, he is not fretful, impa- 
 tient, arrogant, or unmerciful, availing himself of his vast 
 power to crush a prisoner. A sense of duty, a lofty 
 impartiality, pervade his conduct. The reign of cruelty, 
 we hope, has now passed away for ever ; nor will the 
 greatest learning or splend'our . of genius hereafter be 
 allowed to compensate for the want of principle or 
 
MR. JUSTICE BURTON. 251 
 
 virtue. Neither the prodigious erudition of Lord 
 Coke, nor the subsequent nobleness of his conduct 
 as a patriot, will ever wipe off the foul blot which his 
 conduct to Sir Walter Raleigh has fixed upon his cha- 
 racter. The fame of Lord Bacon, as a philosopher, is 
 immortal; but his misconduct, as a judge, will be 
 immortal likewise. It cannot diminish the value of 
 his discoveries, but it will sully his glory, and tarnish 
 his good name. 
 
 In a less elevated sphere, but a sphere in which such 
 qualities were pre-eminently useful, not reaching the 
 erudition of a Coke or the philosophy of a Bacon, Mr. 
 Justice Burton has displayed all the highest qualities 
 of the British judge, without, the least alloy of the 
 vices which have sometimes accompanied and darkened 
 judicial greatness. 
 
 The name and character of Judge Burton will ever 
 be revered in the country of his adoption. 
 
252 Ma. JUSTICE burton. 
 
 NOTE BY EDITOR. 
 
 April, 1870. 
 Mr. Justice Burton was bom in Northamptonshire, 
 in October, 1760. An obituary, published shortly after 
 his death, professes to trace his descent lineally from a 
 certain De Burton, a companion in arms of the Con-' 
 queror, who had been duly rewarded with a comfort- 
 able share of the Saxon spoil, in the shape of estates in 
 Staffordshire: another offshoot from the same stock 
 was the author of that curious book of quaint say- 
 ings and profuse quotations, " Burton's Anatomy of 
 Melancholy." 
 
 Mr. Justice Burton, and his twin-brother Edmund, 
 are said to have been schoolfellows of Mr. Addington, 
 afterwards Lord Sidmouth, and Home Secretary and 
 Prime Minister of England, and the family of the 
 Burtons and the Addingtons had been, as stated, on 
 terms of friendly intimacy; if this be so, it redounds 
 much to thp independence of spirit and manly self- 
 reliance which led Mr. Burton to look for advance- 
 
NOTE BY EDITOR. 253 
 
 ment in life to his own unaided exertions rather than 
 to the patronage of his influential schoolfellow. Those 
 who have had the privilege of knowing Mr. Justice 
 Burton can well believe that at no period of his life 
 did he ever solicit a favour from any person or any 
 Government, and that even when a silk gown was con- 
 ferred upon him at the instance of his friend, Mr. 
 Curran, the application was made without his know- 
 ledge. Mr. Burton did not happen to enjoy the 
 advantages of a collegiate education, but he was 
 nevertheless a well informed man and an excellent 
 classical scholar. He came over to Ireland sometime 
 about the year 1787, and shortly afterwards hi^ name 
 was entered at the King's Inn with a view to his being 
 called to the Irish bar. He had previously entered as 
 a student at the Inner Temple, and why he changed 
 his purpose of going to the English bar and came to 
 Ireland, is not authentically known, but it was generally 
 believed that he came over under an engagenient to 
 assist the celebrated John Philpot Ciirran, by noting 
 his briefs, and giving such aid as an industrious intelli- 
 gent junior may render to a leader in extensive prac- 
 tice. The obituary to which I have referred professes 
 to deny this, but does not do so in fact. It is not, if 
 true, in the smallest degree to his discredit. Mr. Bur- 
 
254 MR. JUSTICE BTJETON. 
 
 ton commenced his studentship for the bar in his 28th 
 year, rather a late periSd for one -who does seem to 
 have been otherwise employed, and was not called to 
 the bar until he was in his 32nd year — from which it 
 may be presumed that his resources were not super- 
 abundant, and his having taken a wife before he got a 
 profession did not probably increase them. Be this as 
 it may, his coming to Ireland, a stranger, with nothing 
 but his learning and self-reliant spirit, renders his 
 character the more interesting. He came to fight his 
 way with intellectual rivals of no mean capacity — 
 Curran, Saurin, Plunket, Bushe, Joy, Lefroy, and the 
 two Pennefathers, and well did he hold his. own against 
 them, and maintain his position, by sheer ability, 
 learning, and industry. , 
 
 He was called to the Irish bar in March, 1792, and 
 it is said that he soon got into practice. In little over 
 two years he'argued a remarkable case* (January, 1795) 
 in the Court of King's Bench, as junior to Mr. Curran 
 having been probably introduced into it through his 
 recommendation. His client was the proprietor of an 
 estate bordering on the river Lee, near Cork, and had 
 an ancient oyster bed adjacent to it, in respect to which 
 
 * Hayes ». Bridges, reported in Eidg. Lapp, and Sch. 390. 
 
NOTE BY EpiTOR.' 255 
 
 he claimed the sole and exclusive right to fish for 
 oysters in- the place, and in assertion of this right, he 
 had distrained the plaintiff's hooker, which went to 
 dredge for oysters, which he (the plaintiff) said he had 
 a right to do in any part of a navigable river like the 
 Lee; and the question was, whether the sole and exclu- 
 sive right to fish in a navigable river could be held as 
 appendant to an estate in the land adjacent to it. 
 
 The case demanded extensive and accurate learning 
 as to the prerogative of the Crown, the rights of the 
 subject in navigable rivers, the nature of incorporeal 
 hereditaments, and the speech of Mr. Burton was a 
 perfect specimen of completeness, logical precision, and 
 clearness. The arguments of the several counsel on 
 behalf of Mr. Burton's client are not distinguished in the 
 Report : but we have it on a tradition derived through 
 the late Chief Justice Bushe, that Curran had the gene- 
 rosity and grace to acknowledge before the Court that 
 the argument which he delivered came from Mr. Bur- 
 ton. The judgment of the Court was in favour of Mr. 
 Burton's client, and it is very probable that immediately 
 aftei? this effort, his character as a sound and accurate 
 lawyer, became established, and that he rose into exten- 
 sive practice on the Munster Circuit, which he joined. 
 
 In 1807 Mr. Burton, in company with Mr. (after- 
 
256 MR. JUSTICE BURTON. 
 
 wards Judge) JebB and Mr. Goold, received the honour 
 of a silk gown. His Mtjesty's service in Ireland was 
 in those days considered suflSciently provided by 25 
 counsel, whereas, at the present time (1870), the 
 exigency of the Crown business has increased to such 
 an extraordinary degree as to to demand no less thah 
 110 counsel, learned in the law, to look after its inte- 
 rests, and the Queen, probably, monopolizes for her 
 particular service one-sixth or one-seventh of the whole 
 bar of Ireland. 
 
 In 1817, as has been already stated,* when Mr. 
 Burrowes fastidiously declined to accept the vacant 
 Sergeantcy, it was conferred on Mr. Burton. In that 
 same year, as Sergeant Burton, he distinguished himself 
 in the case of the Attorney-General v. O'Grady particu- 
 larly, in the- Court of Exchequer Chamber, a case 
 remarkable in many ways from the novel and important 
 'questions which it involved, from the extrasordinary 
 amount of learning and forensic eloquence which it 
 elicited, and from the brilliant passages of arms which 
 it brought forth between the principal actors in the 
 contest, Plunket and Bushe. 
 
 The questions were as to the validity of an appoint- 
 
 * P. 236. 
 
NOTE BY EDITOR. 257 
 
 ment by the Chief Baron of the Exchequer of his son 
 to the office of Prothonotory or Clerk of the Pleas in 
 the Exchequer, an office of great trust and pre- 
 eminence; and, secondly, whether Mr. O'Grady, being 
 admitted to that office by the Court of Exchequer, it 
 was proper to challenge the act or decision of the 
 Court by a criminal inforniation in the nature of a 
 quo warranto, and deal with the person so appointed 
 as an usurper. It involved serious questions of consti- 
 tutional law as well as to the ancient jurisdiction of 
 the Courts of Common Law. The right to make such 
 an appointment was admitted to be possessed by the 
 Chief Justices of the King's Bench and Common 
 Pleas.* The report of the case of Mr. (afterwards 
 Baron) Greene, affords to any lover of constitutional 
 law, of deep research, logical reasoning, and eloquent 
 exposition, a delightful intellectual treat. 
 
 Sergeant Burton, who was counsel with Mr. Plunket 
 for the defence, was called on to op6n the case in 
 the Court of Error unexpectedly. His argument 
 was a model of propriety and lucidity, learned, 
 minute, and comprehensive. He was followed by 
 
 * This right was afterwards appropriated from the Chief Justices in 
 Ireland and made part of the political patronage of the Lord Lieutenant. 
 In England it is otherwise. 
 
 S 
 
258 . MR. JUSTICE BURTON. 
 
 Bushe, the Solicitor-General, in a speech brilliant 
 and telling, full of powerful reasoning and eloquent 
 language; but that of Plunket was a still more perfect 
 performance — a close chain of reasoning, relieved by 
 passages of wit, like that in which he ridiculed 
 Bushe's fanciful invocation of the shades of Mansfield, 
 Somers, Holt, and Hale. He eloquently arraigned 
 such a prosecution by law officers of the Crown as an 
 unconstitutional interference with the proceedings of 
 Superior Courts of Justice, which should be corrected 
 only by way of appeal. 
 
 Mr. Burton was placed in the Court of King's 
 Bench in 1822, where he sat for over twenty-five 
 years. Upon the judgment seat his faculties had 
 full scope and application. His extensive and accurate 
 learning, placidity of temper, and sound and impartial 
 judgment might be equalled but could not be 
 surpassed. He was the exemplar of a good and 
 upright judge; and though from the sobriety of his 
 demeanour his quiet career may have attracted less 
 of public attention than that of more demonstrative 
 members of the bench, his eminent worth was 
 appreciated amongst those who were really competent 
 to form an opinion. In his own unaffected manner he 
 occasionally expressed principles of law in propositions 
 
KOTE BY EDITOR. 259 
 
 s6 plain and apparently self-evident that they seemed 
 truisms, yet when examined they proved to be critical 
 corrections of errors long current in the profession, and 
 almost inveterately established. As an instance of 
 this may be mentioned the canon of construction pro-' 
 pounded by him in the year 1828(* afterwards adopted 
 by the House of Lords in the well-known case of Grey 
 V. Pearson, in 1857,t that the language of wills, and 
 deeds, and acts of Parliament is to be interpreted in 
 the grammatical and ordinary sense of the words rather 
 than in an artificial sense, to meet speculations of 
 lawyers as to what the intention of the parties might 
 have been ; a mode of interpretation by which the word 
 "and" might be rendered into "or," and" or"into "and." 
 A layman might feel astonished that it required the 
 highest tribunal in the land to tell us that the language 
 of men's wills is to be so interpreted, or that a learned 
 Lord (Lord Wensleydale) should have had occasion to 
 say, " I have been long and deeply impressed with the 
 wisdom of the rule now, I believe, universally adopted, 
 at least in the Courts of Law in Westminster Hall, 
 that in constructing wills, and indeed statutes, and all 
 written instruments, the grammatical and ordinary 
 
 * Warburton v. Loveland and Ivie. 1 Hud. & Bro. 636. 
 ■f Grey v. Pearson, 6 H. L. Ca. 106. 
 
 s 2 
 
260 MR. JUSTICE BURTON. 
 
 sense of the words is to be adhered to, unless that 
 ■would lead to an absurdfty, or some repugnance or 
 inconsistency with the rest of the instrument. This is 
 laid down by Mr. Justice Burton, in a very excellent 
 judgment, which will be found in the case of Warbur- 
 ton V. Loveland." It maybe mentioned that the House 
 of Lords, with the unanimous concurrence of the 
 English Judges, affirmed the judgment of Mr. Justice 
 Burton, in the same case of Warburtbn v. Ivie, in which 
 this canon was enunciated, and disaffirmed that of 
 Chief Justice Bushe and Lord Plunket. 
 
 Judge Burton retired from the bench in 1847, 
 full of years, and with the respect of all men who 
 could appreciate a perfect judge. He perhaps lin- 
 gered on the bench too. long, and when his mental 
 vigour was somewhat spent. The evening of his. life 
 was not as serene and unclouded as might have been 
 wished ; the independent fortune he had acquired by 
 his successful practice and prudent management had 
 been wasted by others ; and in his old age he found 
 himself annoyed, if not embarrassed, by improvidence 
 with which he had little sympathy, or, perhaps, con- 
 currence. He died a. d. 1848, at the age of eighty- 
 seven years. 
 
 Mr. Justice Burton is still remembered by the Irish 
 
NOTE BY EDITOR. 261 
 
 bar as well as by the House of Lords, as an accom- 
 plished lawyer and judge, combining with native 
 talent, integrity and impartiality, the necessary adjuncts 
 of conscientious industry, ample learning, serenity of 
 temper, and unwearied patience in watching the pro- 
 gress of each case from its commencement to its close, 
 and scrupulous care in considering, preparing, and 
 canvassing with his colleagues the judgment he .was 
 about to pronounce or take part in. 
 
 ' No th withstanding his early association and friendship 
 with John Philpot Curran, Mr. Burton was a moderate 
 Tory in creed, whilst in practice he was nothing of a 
 party man. He had never solicited the sweet voices 
 of any pure arid independent constituency in order to 
 qualify for the judgment seat. He lived at a time 
 — now unfortunately passed away — when there were 
 other approaches to the bench than the Chapel of 
 St. Stephens. Like Saurin, Joy, Bushe, and the two 
 Pennefathers, Blackburne, Greene, and others no less 
 distinguished, he had never been a Member of Par- 
 liament. Lord Redesdale, writing in 1807, expresses 
 regret that even Mr. Plunket had been prevailed 
 upon to take a seat in Parliament, from which it was 
 the Lord Chancellor's particular wish that the Law 
 Officers of the Crown in Ireland should be exempted, 
 
262 JIR. JUSTICE BURTON. 
 
 as being " highly injurious to the individuals, and 
 tending to make the bar or Ireland a field for political 
 interest, and to render promotion the reward of poli- 
 tical service, instead of being the reward of those pro- 
 fessional labours which best qualify men for the highest 
 legal situations."* But if Lord Redesdale had lived to 
 the present day, what would he have seen ? 
 
 Since the time of the Reform Bill (1831), it appears to 
 be the next thing to an impossibihty to reach the Irish 
 bench except 'through the portals of the English House 
 of Commons; Since then more than three-fourths of 
 the vacant seats on the bench in Ireland have been 
 allotted to members of Parliament ; and in this respect 
 certainly, whatever else may have been the social or 
 political advantages of the Reform Bill, it has not 
 improved the position or independence of the Irish 
 bar, but has subjected them more and more to the 
 influence of the popular voice, making^after the 
 American fashion — a popular constituency's choice 
 — nearly indispensable to the aspiring lawyer — and a 
 diploma in politics, a necessary qualification for the 
 bench. It has subjected the members of an honourable 
 and learned profession to most unfair and injurious 
 conditions ; to an ordeal troublesome, costly, and mostly 
 
 • See Life of Lord Plunket, vol. i. p. 225. 
 
NOTE BY EDITOR. 268 
 
 uncongenial to their natural habits and tastes; fami- 
 liarizing them, with the not over-scrupulous practices 
 of the political canvass; possibly with the rioting, 
 excesses, and corruption of the hustings and polling 
 booths, and afterwards with the entanglements and 
 distractions of parliamentary life. Many men of learn- 
 ing and delicacy of sentiment — men of the type of 
 Burton and Wensleydale, not to mention living 
 illustrations — may shrink back from encountering all 
 this, and may rather suffer their chance of promotion 
 to be hindered and restricted to the merest accident, 
 or the rare and occasional acknowledgment of pre- 
 eminent talent, which leaders of political factions are 
 not the most competent to discover, or the quickest to 
 reward. 
 
 It is said that the bar cannot help tliis, for the 
 Government will only give place and honour to men 
 with parliamentary titles. The Government require 
 their law oflBcers, or at least one of thein, to be in Par- 
 liament, and those who bear the heat and burthen of 
 the day are naturally entitled to the first fruits of the 
 harvest. It may, to a certain extent, be true that the 
 Government do require to have their chief law officer 
 in Parliament, but this -cannot account for the wholly 
 disproportionate amount of influence attributed to the 
 
2&i MR. JUSTICE BURTON. 
 
 parliamentary qualification in Ireland as compared with 
 England or Scotland^-that'eleven out of twelve of the 
 seats on the Irish Common Law Bench have been con- 
 ferred on members of Parliament, whilst in England 
 not more than one-half, and in Scotland not more than 
 one-third have been so bestowed. In England ■ and 
 Scotland the Attorney- General and Lord Advocate 
 enter Parliament with a sort of understanding not to 
 claim any vacancy but in the chief places, to be con- 
 tent with the apolia opima of the profession, leaving 
 the Puisne Judgeships for the general bar; in Ireland 
 this rule has been, since the Reform Bill, hardly observed, 
 and where a vacancy occurs in any of the twenty-one 
 Judgeships in Ireland, the general bar are practically 
 excluded from a competition, confined almost to the for- 
 tunate few who have accomplished the feat of a successful 
 election. The consequence is, that whoever happens to 
 be law officer for the time being, must be placed in the 
 vacant seat, whether it be in Chancery or Common 
 Law, or elsewhere, so that a Law man may be. tossed 
 into Equity, and an Equity man, who never saw an 
 indictment, may be flung on circuit to try prisoners. 
 
 In this sacrifice of the learning and independence of 
 the Irish bar to the exigencies of party, the Govern- 
 ment of England have much to answer for; and, after 
 
NOTK BY EDITOR. 265 
 
 all, what do they gain in return ? So long as the 
 Attorney-General was content to wait the vacancy of 
 the two or three Chief Judgeships, the Government 
 might reckon on something like a reasonable term of , 
 service at his hands, lasting probably for years, so that 
 he who advised and framed important legal measures 
 would be forthcoming to explain and justify them, or 
 to modify and adapt them to the changes required in 
 Parliament ; but now the field of promotion has been 
 practically enlarged sevenfold, the law oiBcer may be 
 changed more- than once in the course of a session, an-d 
 all his special knowledge and competency purchased at 
 such a cost lost to those who depended on his assistance ; 
 so that virtually the Government might conduct their 
 affairs vastly better through a Chief Secretary of ordi- 
 nary intelligence, with competent legal assessors, than 
 by relying on aid so evanescent and uncertain. 
 
 The Government are doubtless anxious to select their 
 law officers from the ablest men at their command, and 
 in this way the bench may happen to be recruited, and 
 usually is, from the foremost members of the bar, 
 but this may fail, inasmuch as the Government have 
 no boroughs in Ireland to bestow, and their law officers, 
 according to this pernicious theory, must find seats in 
 Parliament as best they can ; and the choice becomes 
 
266 MR. JUSTICE BUKTON. 
 
 necessarily more and more hampered as the powers of 
 capricious and turbulent constituencies are strength- 
 ened and enlarged : so that the public service and the 
 ultimate administration of justice, may, unhappily, be 
 suffered to devolve upon inferior men. 
 
 Upon the general education and future prospects of 
 the Irish bar, as a learned, independent, and honour- 
 able profession; the system of selection, according 
 to parliamentary luck, must exercise disastrous influ- 
 ences. The turmoil, and sometimes the disgrace, of 
 election contests, or the excitement of political life, 
 may be utterly distasteful to the very men who would 
 make the most desirable judges — men of steady, indus- 
 trious habits, of profound learning, of sobriety of 
 thought, and of cool, dispassionate judgment — men 
 who would feel themselves incompetent for the angry 
 collisions of party warfare. Such men,, in the times 
 of Mr. Justice Burton, might have hoped that, by dili- 
 gently pursuing the quiet paths in which they had 
 attained eminent distinction at the bar, by industry, 
 learning, and acknowledged professional superiority, 
 they would have reached, as they would have adorned, 
 ■the bench ; but under the present system, all the prizes 
 of the profession are cast into a state lottery — a seat in 
 Parliament, and suit and service to a political party, 
 
NOTE BY EDITOR. 267 
 
 have become the sine quels non of promotion ; and if 
 the most distinguished man at the bar, combining all 
 the knowledge and capacity of Coke, Blackstone, and 
 Burton, does not abandon his books and betake himself 
 to the polling booths, to enter the lists and fight the 
 battle of life in a vejy different sphere, he must 
 expect to be thrust aside by barristers who, by good 
 luck, by dexterity, or adroitness, or more questionable 
 practices, have reached the favoured enclosure of 
 Parliament, and see them elevated over his head, and 
 placed in the seat of judgment supposed to be reserved 
 for discreet and learned men, of profound knowledge 
 and steady industry, possessing the respect of the 
 profession,, and the confidence of the public, and 
 governed in all they do by a conscientious sense of the 
 dignity and gravity of the duties they are called- upon 
 to discharge, and of their accountability to the Supreme 
 Judge of all. 
 
 Let us hope that a real reform, either in Parliament 
 or in the system of political government, may save the 
 profession and the public from such lamentable results 
 in the future as my imagination may have somewhat 
 too hastily foreboded. 
 
THE IRISH EXCHEQUER AS IT WAS IN 1829. 
 
 " Does the Chief sit at Nisi Prius to-day?" is anxiously 
 asked by every lover of judicial drollery, and dry 
 sarcastic humour. The appearance of his lordship's 
 fashionable registrar, Mr. Carew O'Grady, is hailed as 
 a favourable omen ; and the invariable consequence of 
 his official announcement of the Lord Chief Baron, is a 
 crowded court. This cannot be considered surprising, 
 when it is remembered, that the merriment of the 
 Common Pleas, long the powerful rival of the Exche- 
 quer, has been suddenly silenced by the removal of the 
 punning Norbury, and the appointment of the grave 
 Lord Plupket as his successor. Chief Baron O'Grady* 
 exhibits a striking contrast to each of these noble peers ; 
 and yet, in some measure, combines in his person the 
 distinguishing peculiarities of both: he possesses the 
 masculine understanding of Lord Plunket, the humour 
 of Lord Norbury, combined with an ironical turn of dis- 
 
 • Afterwards Viscount GuiUamore. — Ed, 
 
THE imSH EXCHTiQUEK AS IT WAS IN 1829. 269 
 
 position, and bitterness of wit, entirely his own. A per- 
 son, but indifferently skilled in the art of physiognomy, 
 might, from his countenance, form, a tolerably accurate 
 judgment as to his temper and character : there is 
 nothing pleasing or graceful in his appearance ; a 
 sardonic sneer generally plays about his lips, indicative 
 of a scornful disposition; and, while expressing his 
 opinion, which he does in a churlish strain, the tone of 
 his voice, dry and measured, and somewhat tinctured 
 and enriched with the southern brogue, strikes gra- 
 tingly on the ear. Cynicism, it may be fairly con- 
 cluded, constitutes the most prominent feature of his 
 character. He seems to have laid it down as a rule, 
 from which it would be criminal in the extreme to 
 deviate, never to suffer an opportunity of saying a 
 severe thing to escape ; no matter how galling it may 
 be to the feelings of the person against whom it is 
 aimed. This cruel propensity renders him no great 
 favourite with the junior bar, towards whom his man- 
 ner is not unfrequently discouraging and repulsive. I 
 heard his lordship, when a young barrister had resumed 
 his seat, after having with praise-worthy zeal for his 
 client, laboured for two good hours to convince the 
 Court, observe, in his customary drawling and un- 
 courteous style, " Well, Sir, all tha,t may be very fine. 
 
270 THE IRISH EXCHEQUER AS IT WAS IN 1829. 
 
 but I confess I cannot understand it." In this point of 
 view he is no respecter of persons, as the following 
 anecdotes will sufficiently demonstrate. Mr. Orampton* 
 K. C, having in a law argument, cited " Palgrave's 
 case," with confidence, -and relied upon it with great 
 emphasis, the Chief Baron obsterved, with his usual 
 politeness, " Mr. Crampton, you have taken that case 
 from some abridgment ; Palgrave was neither the 
 plaintiff nor the defendant, but the lawyer who con- 
 ducted the cause, and, who was remarkable for nothing 
 but his ignorance ; hence it was called Palgrave's case ; 
 and, I dare say, if ever this case should be cited here- 
 after as a precedent, it will be known by the appellation 
 of Crampton's case." A scene, which occurred with a 
 different sort of person deserves to be commemorated : 
 — Sir William Stamer, a portly, consequential alder- 
 man, of the venerated corporation of Dublin, a 
 magistrate, and terror of all evil doers, when sitting as 
 foreman of a jury, interrupted the Chief Baron, at a 
 .critical moment, by vehemently protesting he could no 
 longer endure the intensity of the cold, and begging 
 permission to wear his hat; his lordship, casting an 
 
 • Afterwards the Honble. Justice Crampton, a highly distinguished , 
 scholar, a Fellow of Trinity College, Dublin, and Professor of Common 
 Law in that University. He was a most learned, acute,, and efficient 
 judge, and retired from the bench, a.d., 1859. — (Editor). 
 
THE IRISH EXCHEQUER AS IT WAS IN 1829. 271 
 
 affeqtedly sympathizing glance on tl}e half frozen 
 baronet, dryly replied, " Sir William it is not usual for 
 gentlemen to wear their hats in courts of justice, but, 
 if a wig would answer, I, am sure the members of the 
 bar will kindly accommodate you with a good fit." 
 The alderman sat down confounded and abashed. 
 
 There is a class of shabby lawyers in Dublin, whose 
 practice is exclusively confined to the defence of crimi- 
 nals, at Green-street, the Irish Old Bailey ; these gentle- 
 men are sometimes clamorous and contumacious; the 
 Chief Baron, however, has the happy knack of bringing 
 them to a proper sense of their situation. One of these 
 barristers having on the trial of a pickpocket,- been 
 employed as counsel for the prosecution, for lack o-f , 
 any other, assumed on the occasion an imperious air, 
 took special care to reiterate loudly and frequently, for 
 the information of his lordship, that he was counsel for 
 the Crown ; the Chief Baron bore this patiently for a 
 time, till at last, provoked by his pertinacity, when the 
 pompous little gentleman, elated with the unwonted 
 honour, again exclaimed, he was counsel for the Crown ; 
 his lordship kindly remarked, " Yes, sir, and I believe 
 sometimes for the half crown too." When presiding 
 lately in the town of Mullingar, in the CriminaJ Court, 
 two culprits were put on their trial for an atrocious 
 
272 THE IRISH EXCHEQUER AS IT WAS IN 1829. 
 
 burglary; a flaw being discovered in the indictment, 
 an acquittal was directed? when the fussy counsellor, 
 before alluded to, proud of his display of forensic skill, 
 confidently demanded of his lordship to discharge his 
 injured clients from the dock : " Oh, thank you Mr. 
 
 B 1," pried the sagacious chief, " you will allow me, 
 
 if you please, to get half an hour's start of your clients 
 out of the town." 
 
 Whether the question for the Crown be simple or 
 abstruse, he never fails to enliven it by cutting 
 sarcasms, and occasional ebullitions of what is vul- 
 garly called slang; at the same time more clearly 
 understanding, and thoroughly appreciating, the merits 
 of the case before him, than many a more solemn and 
 stately functionary. No judge on the bench can try a 
 complicated record with more ease to himself, or 
 advantage to the litigants, than Chief Baron O'Grady ; 
 his legal knowledge, accompanied with great natural 
 shrewdness and penetration, and a perfect acquaintance 
 with character, from the highest to the lowest station, 
 give him in certain cases a decided superiority over the 
 generality of the Irish bench. Be the mass of evidence 
 adduced ever so intricate, inconsistent, or confused, 
 almost intuitively he understands its various bearings, 
 can analyze and condense it, disencumber the subject of 
 whatever is unimportant or perplexing, and give a lucid 
 
THE IRISH EXCHEQUER AS IX WAS IN 1829. 273 
 
 exposition of the case to the minds of a bewildered jury. 
 While he instructs he seldom encroaches on their pecu- 
 liar prorince ; and if the! question for their decision 
 relate merely to matters of fact, disconnected from the 
 niceties of law, he generally sends the issue to the jury 
 without any lengthy comment, and thus his charges, 
 usually brief, always perspicuous and precise, rarely 
 afford grounds for a motion to set aside the verdict 
 from the misdirection of the judge. The following are 
 curious instances of the brevity of his charges. On 
 .thejl trial of a criminal for stealing stockings, several 
 ' witnesses deposed to "his good character ; after which 
 his lordship charged the jury in this concise and rather 
 comic strain : " Gentlemen of the Jury, here is a most 
 respectable young man, with an excellent character, 
 who has stolen twelve pair of stockings, and you will 
 find accordingly." I will exemplify the peculiar man- 
 ner of this extraordinary but able Judge, by one more 
 anecdote. Upon the trial of a recent action for debt, 
 to which the defendant had pleaded as a set-off ^ a pro- 
 missory note of somewhat long-standing, and an old 
 • broken-down gig, with which he had furnished the 
 plaintiff, the following charge was spoken with infinite 
 gravity, by the learned Chief Baron: — " Gentlemen of 
 the Jury, this is an action for debt, to which the defen- 
 
 T 
 
274 THE IRISH EXCHEQUER AS IT WAS Ilf 1829. 
 
 dant has pleaded as a set-off-, two, things ; — a promissory 
 note, which has a long time to run, — and a gig, which 
 has but a short time to run ! The case seems clear, — 
 you may find for the plaintiff." While the wily face- 
 tiousness of his temper niust be admitted, it cannot be 
 said he is equally distinguished for the courtly elegance 
 of his manners. He is at all times unceremonious or 
 rather uncouth in his behaviour ; not only to the bar, 
 but .even to his brethren on the bench ; and on a recent 
 occsision, he treated his brother Smith in a coarse, irre- 
 verent strain, which displayed but little of the scholar, 
 and less of that lofty deportment and calm forbearance 
 which should at all times mark the. conduct, as well of 
 the gentleman as of the judge. 
 
 The personage next in importance to the Chief in 
 this Court is Sir William Smith, who, as though his 
 thoughts were employed on higher and nobler subjects, 
 sits for the most part sedate and silent ; rarely, through- 
 out the term, deigning to notice any of the common 
 cases, which engage the attention of the bench ; and, 
 when he does chance to drop a few oracular words, it 
 is with all the brevity of his brother O'Grady, but 
 without any of his acrimony. In his youth, Baron 
 Smith was no undistinguished member of the defunct 
 Irish Parliament, and for many years steadily sup- 
 
THE HUSH EXCHEQUER AS IT WAS IN 1829. 275 
 
 ported the enlightened measures, which, it was hoped, 
 would redeem and invigorate his country : his enemies 
 declare that, finding the cause of the Opposition hope- 
 less, and being too prudent to adhere with desperate 
 fidelity to a sinking party, he joined the Ministry and 
 -voted for the Union; yet I rather incline to the opinion 
 that he supported that "measure, from an honest convic- 
 tion of its utility and wisdom. Immediately after the 
 Union he was elevated to the bench, his father being 
 at the time Master of the Bolls; a singular and un- 
 usual coincidence.* His judicial decisions, not techni- 
 cal, and occasionally luminous, are worth perusing ; they 
 have been long admired for their polished composition, 
 and for the grasp of thought which they display; com- 
 bining the logic of the lawyer with the graces of the 
 scholar, and distinguished for the judicious application 
 of general and philosophic principles: his celebrated 
 decision on Judge Johnson's case deserves the commen- 
 dations bestowed on it, .for it breathes the spirit of 
 liberty and of reason. His habits on circuit.are produc- 
 tive of considerable annoyance to the public, and to the 
 profession; it is, in general, far advanced in the day 
 
 * To make the coincidence the greater, the son of the same Sir 
 William became afterwards Master of the Eolls (the late Right Hon. 
 T. B. C. Smith), and a most excellent and able judge, so that Sir 
 William had both a father and a son Master of the EoUs. — (Editor). 
 
 T 2 
 
276 THE lEISH EXCHEQUER AS IT WAS IN lS29. 
 
 before he takes his seat on the bench, and then he 
 prolongs his sitting to a very late hour at night, in the 
 discharge of his duties. While he presides, gravity 
 and decorum pervade the Court ; the slightest viola- 
 tion of the dignity of the bench is sure to incur his 
 heaviest . displeasure. A humorous ipstance of this 
 occurred with a jury, of which Ex- Judge Day hap- 
 pened to be the foreman. At a late hour in the 
 evening, the members of the Grand Jury retired to 
 dine with the High Sheriff, conceiving his Lordship 
 could have no further occasion for their services. 
 Shortly after he asked for the jury; and, on being 
 informed that they had left Court, expressed his dis- 
 pleasure at their conduct, and commanded that they 
 should be instantly summoned. Messengers were dis- 
 patched to the High Sheriff's, where the paxty were 
 just seated at dinner. Ex- Judge Day arose with 
 alacrity, declaring he felt anxious to evince his respect 
 for that bench, of which he had himself been once a 
 member. The jury reached the court-house in breath- 
 less haste. When assembled in the box, ready to 
 receive his Lordship's commands, he politely observed, 
 "Gentlemen, I dismiss you for the night." A breach 
 of respect of a different character he thus punished : 
 A country magistrate, defendant in an action for 
 
THE IRISH EXCHEQUEK AS IT WAS IN 1829. 277 
 
 false imprisonment, accompanied with many aggra- 
 vating circumstances, seated during the trial opposite 
 Baron Smith-, amused himself by laughing loudly, 
 whenever any fresh fact was proved against him. At 
 last a magisterial act of his, peculiar for its impropriety, 
 being sworn to, he laughed more immoderately than 
 ever. Incensed at his impertinent behaviour, his Lord- 
 ship, bending over the bench, observed: "Since, Sir, 
 reflection on your guilty actions disposes you to merri- 
 ment, I congratulate you on having within your own 
 person an everlasting source of entertainment.'' 
 
 As a criminal judge. Sir William Smith is sparing 
 of human life, and merciful, even to a fault. He is 
 a man of the nicest sympathies and perceptions ; and, 
 though sometimes mistaken in his judgment, yet his 
 errors should be pardoned, because they spring from a 
 compassionate disposition, and from a tender, forgiving 
 heart. In consequence of this failing. Baron Smith, it 
 is reportedj-'has been considered urtfit for certain cir- 
 cuits, which have been, therefore, consigned to the ma- 
 nagement of those whose hearts are made of sterner stuff. . 
 In him the trembling, undefended culprit is sure to find 
 a friend, who, though anxious for justice, is willing to 
 save. It is rumoured that he will shortly retire from 
 public life. When that event occurs, the bench of 
 
278 THE lEISH EXCHEQUER AS IT WAS IN 1829. 
 
 Ireland will have lost one of its brightest ornaments ; 
 the public, an able and impartial judge; the unfor- 
 tunate and oppressed, a zealous, disinterested, and 
 powerful defender. 
 
 I cannot refrain from hazarding a few remarks on 
 a character which, if not as distinguished or exalted 
 as those to whom allusion has been already made, is, 
 at least, curious and singular. This person is none 
 other than Mr. Fleetwood, registrar to Baron Smith; 
 better known by the familiar appellation of Charley 
 Fleetwood. Regular in his habits, and methodical in 
 his motions, he makes his appearance in Court at the 
 usual hour every morning during term, and, having 
 drawn the curtains round the judges, he entrenches 
 himself in a little wooden box, which is raised to 
 nearly the same level with the bench, carefully de- 
 posits on his desk the precious contents of his black 
 bag, cautiously arranges his spectacles; and having 
 provided himself with a formidable pen, is prepared 
 for the business of the day. When thus adjusted and 
 equipped, his appearance is perfectly unique. Ima- 
 gine a starched and fleshless mortal, perched in a 
 narrow elevated wooden box, his countenance inani- 
 mate, yet indicative of subtlety, his features of that 
 rugged, unalterable cast, which may safely bid defiance 
 
THE IRISH EXCHEQUER AS IT WAS IN 1829. 279 
 
 to the work of time ; small grey eyes, ensconced behind 
 a pair of ancient green spectacles, which rest securely 
 in a little ca-vity, formed by nature on the bridge of 
 anything but a Roman nose; his cautious forehead 
 shaded by a common curl-less bag-wig, which has shel- 
 tered its contented proprietor for the last half-century. 
 A scanty gown, emblematic of his office, is suspended 
 from his contracted shoulders ; originally it may have 
 been black, but the ruthless hand of time, though 
 powerless on the owner, has changed the colour of the 
 robe to a russet brown. The most dazzling eloquence, 
 or pungent wit, could not attract his 'attention for an 
 instant. The brilliant images of Shiel, the chaste and 
 classic elocution of North, are alike lost on him — there 
 he sits, equally insensible to the energy of the one and 
 the gracefulness of the other. His emotions seem 
 deadened within him ; it is true, the appearance of an 
 attorney with an affidavit has a magic charm to rouse 
 him from his apathy ; but it is only by the talismanic 
 touch of silver that he is completely quickened into 
 life. The junior barristers, not encumbered with 
 briefs, in their efforts to dispel reflection, or while 
 away the day, have, disrespectfully enough, made poor 
 Charley the topic of their mirth and the exercise of 
 their imagination. The difficulty among them is to 
 
280 THE IRISH EXCHEQUER AS IT WAS IN 1829. 
 
 discover, to what in the heavens above, in the earth 
 beneath, or in the waters under the earth, Charley can 
 with propriety be compared. He has been successively 
 likened to patience on a monument; to the hungry 
 scribe, depicted by Scott; to an antique which, having 
 reposed for centuries in a niche in some old baronial 
 residence, has been renioved, together with, its recep- 
 tacle, and planted in an appropriate corner of the 
 Exchequer Court, at the earnest solicitation of the 
 joke-loving Chief Baron. A travelled barrister asserts 
 he has seen a figure, something like Fleetwood, in one 
 of the museums bn the Continent, which was reported 
 to have been dug up from the ruins of Herculaneum ; 
 the figure was seated at a desk, and engaged in an 
 ancient practice — the calculation of usury. • There is a 
 character described by > Lucian, under the name of 
 ToKoyXv^oe, not unlike the ruminating registrar. He 
 fully answers the description, as to the lank and meagre 
 fingers ; and, moreover, he has not the shadow of a leg. . 
 So. much for poor Charley!— by whose oddities the 
 jurors have been amused and entertained. Long may 
 he flourish ! The Court of Exchequer, Dublin, might 
 better spare a better man. 
 
 The junior baron, Mr. Pennefather, is inferior to 
 few judges on the bench in a sound and comprehensive 
 
THE IRISH EXCHEQUER AS IT WAS IN 1829. 281 
 
 knowledge of the practice and principles of the law ; 
 in his manner he is very unlike some of his' brethren ; 
 but yet at times he has been known to exhibit a little 
 hauteur for the arguments, as well of a brother baron 
 as of the less favoured members of the bar. But his 
 admirable judicial qualities cast his infirmities into the 
 shade. The love of business is the passion of his life. 
 He was made for work — work without play. Other 
 judges may look as well on paper; he shines as a 
 thorough man of business on the bench. He some- 
 times sits alone, hearing law and equity motions ; and 
 then the abilities of the man appear in their perfection 
 — quick and clear in his apprehension of facts, firm in 
 rejecting irrelevant matter, disdaining all worthless 
 cases, and applying principle to the facts of importance 
 which he disentangles from all confusion. Having 
 heard fully the case, he pronounces at once the deci- 
 sion, which is invariably right, and in accordance 
 with justice.' 
 
 Such is Baron Pennefather — unrivalled in a Civil 
 Court ; — in a Criminal Court he is cautious and 
 humane. 
 
 The last personage of the Court to be described is 
 — the crier; in England, perhaps, considered an humble 
 ofiicer,, froni ignorance of how much might be made of 
 
282 THE IKISH EXCHEQUER AS IT WAS, IN 1829. 
 
 the post, if properly and judierously filled. If any jovial 
 judge would wish to have a tumorous crier to enliven 
 the dull hours of term, or relieve the monotony of circuit, 
 by many a curious saying and unexpected ebullition 
 of official wrath, at the ignorance of a witness, or the 
 indecorum of the audience, let him dispatch an intelli- 
 gent youth to acquaint himself with the habits, and 
 treasure up the sayings of the well known crier of the 
 Exchequer Court, Dublin ; who has filled that honour- 
 able post for some score years with unexampled ability 
 and skill. He is one of the old school, and has never 
 accommodated himself to the depraved taste of modern . 
 times, or sought to ingratiate himself with the rising 
 generation by laying aside his good old customs, or his 
 good old dress. This master of his art is still attired in 
 a dress similar to. what he wore in the days of Lord Avon- 
 more— a respectable wig, the very reverse of Charley 
 Fleetwood's, a comfortable coat of capacious dimen- 
 sions, into one of the pockets of which Charley might 
 with ease introduce his shrivelled body; summer and 
 winter his old-fashioned shoes are surmounted by a 
 pair of huge silver buckles, which may have been 
 manufactured in the days of William the Norman, 
 polished with the most exact care, and brilliant enough 
 to reflect the rays of the sun. He is, moreover, afflicted 
 
THE IRISH EXCHEllTTER AS IT WAS IN 1829. 283 
 
 with that gentlemanly complaint, the luxurious gout. 
 A few minutes before the Chief Baron, slowly, but 
 authoritatively, the crier ascends the steps of the Court, 
 and, in an instant, quells any squabbles for places which 
 may have arisen; then, entering his commodious box, 
 placed exactly opposite Charley Fleetwood's, these two 
 luminaries of the Court of Exchequer appear in astro- 
 nomical conjunction. The chief arrives — the trial 
 begins- — the crowd gathers — the passages are choked 
 up — ^the barristers impeded : then begins the crier to 
 exert his authority in a voice which would have 
 •silenced his celebrated predecessor of the Roman 
 forum, and which sometimes discomposes the gravity 
 even of Charley Fleetwood himself: — "Make way there 
 for the gentlemen of the bar; make way, I say, for 
 King's Counsel; so, you'll not make way? — tipstaff, 
 where are you ?. do your duty— call the sheriff — bailiffs, 
 take iheTn, scheming fellows into custody:" mean time 
 the ptogress of the trial is arrested, as it is utterly 
 impossible that even Daniel O'Connell could be 
 heard while this storm lasts. The Chief Baron sits 
 most coinposedly ; never interrupting or correcting his 
 crier, for whose invectives he has a peculiar relish. 
 The crier, if not promptly obeyed, rises in his wrath, 
 and rather unceremoniously accosting the doubtful 
 
284 THE IRISH EXCHEQUER AS IT WAS IN 1829. 
 
 characters by whom he is suri^ounded, vociferates, " Go 
 home, you loungers; you idle, scheming, skulking 
 fellows, have you nothing to do? Have you no busi- 
 ness to mind ? What brings you here ? *What do you 
 want with law, or what do you know about it? Gen- 
 tlemen, take care of your pockets." After this burst 
 subsides, the trial is resumed, and our friend,' the crier, 
 turns round to chat with any respectable gentleman 
 who may be near him : but, it is to be observed, he 
 never condescends so far as to allow of familiarities 
 from pert attorneys' clerks. When in a loquacious 
 mood, he will recount many old stories of the bench 
 and of the bar of forty years ago, particularly of his 
 patron, Lord Avonmore ; and how one day, in a violent 
 fit of passion, he took off his wig, all powdered as it 
 was, and ilung it in his adversary's face — and of the 
 fine ould times before the Union, when so many of the 
 Counsellors were in Parliament — and what a fine speaker 
 ould Curran was— and how like him his son Mr. William 
 Henry Curran is, to whom he wishes all success, because 
 he hears he is a great scholar and an author, and whom 
 he hopes Will one day be a judge, because he is his 
 father's son. In the midst of all this olio, some for- 
 ward, troublesome fellow, catches his eye ; in an instant 
 he shouts down, crying out for the tipstaff, whom he 
 
THE IRISH EXCHEQUEK AS IT WA% IN 1829. 285 
 
 commands " to take that suspicious-looking fellow into 
 custody ; that fellow with his mouth open, with the 
 black beard, and no cravat, interrupting the Chief by 
 leaning over the form." 
 
 The characters and duties of the crier, the court- 
 keeper, and the tipstaff, have been well and happily 
 described by the present Lord Chief Justice Bushe, 
 when Solicitor- General, in whose words it may not 
 be unamusing to conclude this article: — '^ That high 
 officer, the crier, is the first, according to Lord Coke ; 
 the Court and the Chief Judge are deeply inte- 
 rested that he should well and truly cry, when he 
 calls the witnesses to the book, the jurors to the box, 
 and the plaintiff to be nonsuited; then foljows the 
 tipstaff, an important personage, who beareth a black 
 rod, surmounted with silver, and chaseth away the idle 
 boys; and last appears the court-keeper, a comely 
 matron, belonging, by the statute of Westminster, 
 exclusively to the Chief Baron, and to whom no junior 
 Baron can lay claim, unless when my Lord is out 'of 
 town. And she too is appointed by reasonableness of 
 the Common Law, because, as Lord Coke says, ' The 
 law doth ever appoint those that have the greatest 
 skill and knowledge to perform that which is be 
 done,' " 
 
Svo,^ Cloth hoards, Gilt Edges, with a Portrait on Steel, 
 Price 5s. 
 
 ESSAYS AND LECTUEES : 
 HISTORICAL AND LITERARY. 
 
 EIGHT HON. JAMES WHITESIDE, LL.D., &c. 
 
 (Chief Justice of Ireland.) 
 
 CONTENTS. 
 
 THE LIFE AND DEATH OF THE IRISH PARLIAMENT. 
 THE CITY OF ROME AND ITS VICISSITUDES. 
 OLIVER GOLDSMITH— HIS FRIENDS AND HIS CRITICS. 
 THE HOMELY VIRTUES. 
 THE CHURCH IN IRELAND. 
 
 DUBLIN : 
 HODGES, FOSTER AND CO., 
 
 PTJBLISHEBS TO THB TJNIYBESITT.