Imagens das páginas
PDF
ePub

in which the genius of the orator is happily combined with the logic of the advocate:-"If," said Lord Erskine, "you are firmly persuaded of the singleness and purity of the author's intentions, you are not bound to subject him to infamy, because, in the zealous career of a just and animated composition, he happens to have tripped his pen into an intemperate expression in one or two instances of a long work. If this severe duty were binding on your consciences, the liberty of the press would be an empty sound, and no man could venture to write on any subject, however pure his purpose, without an attorney at one elbow and a counsel at the other." This is pretty nearly the situation to which our journalists are reduced, thanks to the law of tendency!

In the peroration of his excellent speech in de-. fence of Stockdale, Lord Erskine successfully rivaled the talent of Burke, Fox, and Sheridan. By grounding his arguments on the principles of Christian charity, he appealed to the hearts of his judges with the eloquence of a divine rather than of a lawyer.

But in my admiration of this distinguished man, I must not forget to notice some other eminent members of the English bar.

Dunning, who flourished before Lord Erskine, was raised to the peerage under the title of Lord Ashburton, and died in the year 1783. He was celebrated for wit and gaiety, and for readiness of expression, though he laboured under the disadvantage of a very sensible imperfection in his

speech. Lord Thurlow, too, by his talent and eloquence, rose to the highest dignities.

One of the predecessors of Lord Erskine, who, like him, was a native of Scotland, would furnish materials for a parallel, after the manner of Plutarch. I allude to Counsellor Murray, afterwards Lord Mansfield, who, in the defence of monarchical principles, manifested integrity and talent equal to Lord Erskine.

Lord Mansfield, who was the opponent of Wilkes, the liberty of the press, and popular liberty, has left behind him as high a reputation as that which Erskine acquired in the defence of public freedom. But Lord Mansfield was a sincere champion of the cause which he espoused, and not a mere ministerial intriguer; he fancied he was defending the people against themselves, and opposing, not liberty, but licentiousness. Of this his toleration for the catholics is a sufficient proof. During the riots of 1780, his house was burnt, and this circumstance furnished him with an allusion, which forcibly indicates his praiseworthy moderation of temper. During the discussion of a legal question in parliament, he said, "I do not speak from books-for I have none left."

LETTER LII.

TO M. MIGNET.

SIR James Mackintosh, one of the principal opposition members of the house of commons, has attained great eminence at the bar. The foundation of his reputation and fortune was laid by a speech which drew towards him the attention of the English ministry, to whom, however, it is said he had already made some concessions of principle. Sir James was born in the north of Scotland, and was educated at the university of Aberdeen, where he at first applied himself to the study of medicine, and obtained the degree of Doctor. It was not until after the death of his father that he turned his attention to politics and the bar. He entered as a student at Lincoln's Inn about the commencement of the French revolution, and he became acquainted with Godwin and other partizans of republican principles. When Burke published his chivalrous and prophetic protestation against French democracy, Sir James Mackintosh replied to it with the enthusiasm of an adept, and his Vindicia Galliciæ, a profound and vigorous work, procured for him the title of French citizen. But a man of shrewd understanding, like Sir James Mackintosh, could not long continue to be misled by the sophisms

of anarchy, and he so wisely modified his republicanism, that his more obstinate friends accused him of apostacy. His discourses on natural law and the law of nations, and his lectures on English jurisprudence, seem to be dictated solely by

reason.

It is said that Burke's eloquence had the merit of this conversion, which was the last conquest gained by the chivalrous orator over the revolutionary party. The Vindicia Gallicia proved to Burke that he had a formidable antagonist in the person of its author. He spoke of the publication in terms of praise; and Mackintosh, who was some time after employed in preparing for the Monthly Review an analysis of the work entitled The Regicide Peace, manifested in his criticism all the respect due to the superior genius of the writer. Burke expressed a wish to become personally acquainted with the young whig lawyer, who on his part felt honoured at the idea of such an introduction. At length they met, and it is said engaged in a series of arguments, which were kept up for the space of three days. logic, and the author of the Vindicia Galliciæ made ample concessions to the eloquent opponent of republican ideas.

Poetry triumphed over

During the peace of Amiens, Sir James Mackintosh, in the exposition of his principles, approximated still more clearly to the theory of political legitimacies.

The French revolution was almost exhausted by

its own fury. The men who had for some time succeeded each other in power, were too base or too insignificant to found a solid government. When Buonaparte appeared, preceded by his brilliant reputation, and promising to regenerate the glory of France, he easily deceived people of every party, who, all alike, felt the want of a man capable of annihilating the past and ensuring the future. The republicans still perceived the red cap under the laurels of the general, while the royalists were induced to believe that those laurels served to conceal the cockade of Monk. But when he was seen gradually employing to his own' advantage the military force, the laws of the reign of terror, and with the throne, restoring the abuses of the old monarchy, there were not wanting in all parties some generous minds, who regretted having sacrificed to the selfishness of a tyrant the fidelity of their old affections, or their hopes of liberty. When all the monarchs of Europe acknowledged the upstart sovereign as their brother, some voices were courageously raised against the two-fold usurpation of the rights of the people and the rights of the lawful dynasty. Not content with incarcerating in French dungeons men who were bold enough to denounce his despotism, the future emperor visited them with punishment even in foreign countries. In short, the liberty of the English press was attacked in English courts of law by the Consul of a republic; and had the peace of Amiens been prolonged for a few years, the

« AnteriorContinuar »