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subsequent winter brought wild work to Sir | movements within the limit of the law officiThomas Denman. Harassed by the legal ally devolved. He was again returned to his business of the great Reform measure, he constituency, but was re-elected with very was compelled to recognize a lawless state of little personal exertion; and Parliament had society both in the agricultural and the again assembled, and the Bill was again inmanufacturing districts. Fire-raising and troduced before two months had expired. machine breaking were prevalent crimes, and Although the Grey Ministry had now a great when a homestead or its corn-ricks made the majority, yet the opposition to the Bill was sky lurid in the dark nights of winter, it also extremely severe; and the last debate in the added to the load of business in the Crown Commons terminated on the 21st of SeptemOffice. The Ministry were surrounded by ber by a vote of 345 to 236, in favor of the anxieties, and that new destroyer, the cholera, measure, which now rested with the Peers; in the autumn of 1830, and the winter of while the Birminghain and other political 1831, was creeping to the north and west in unions assumed an attitude of the most emslow but solemn and sure progress, to in- barrassing character to the Attorney-General, crease the disorder. The Reform Bill was the representative of a large and popular introduced by Lord John Russell to the Com-constituency, foreseeing the probable necesmons on the 1st of March, 1831. The debate sity for prosecutions, which essential as they was the longest remembered in Parliament might become in his official, would almost on any single measure, and the division on necessarily injure bis Parliamentary position. the second reading was the largest. The The Peers threw out the Bill on the 7th Ocnumbers respectively were 302 and 301. tober. Upon the 20th the King, firm still in The Bill was read a second time by a major- his attachment to the Reform measure and ity of 1. Mr. Calcraft, who had been Sir Ministry, prorogued Parliament. The winter Thomas Denman's first Parliamentary friend, of 1831 and 1832 was even more gloomy managed to get into the lobby only in time and riotous than its immediate predecessor. to present an even vote. He had been in Bands of ill-conditioned men, assuming the Parliament for thirty-five years. He remain-titles and the wrongs of Reformers, excited ed thus to carry the Reform Bill, and he riots to profit by the temporary disruption never voted again; having, like another friend of society. Incendiarism began at Derby of the Attoroey-General, committed suicide. and spread to Nottingham, the Attorney

The Easter recess was passed by many General's constituency. The Duke of Newpersons in the organization and strengthen-castle's castle at Nottingham was burned ing of the political unions, which trode on down. The county paid 21,000l. for that the fringes and margin of the constitution. fire; and the Attorney-General found scope On the isth of April the Commons met in for the exercises of his official functions in bis Committee on the Bill, and the Ministry were own town. Near to the end of October Sir defeated by a majority of 8 on General Gas- Charles Wetherell, the Recorder of Bristol, coyne's amendment against the reduction of proceeds to open his Court in that city. A the number of members which constitute the great riot ensued, for Sir Charles was a House; and again by 22 on an amendment zealous Tory. His presence was a pretext upon the Chancellor of the Exchequer's mo- for rogues and vagabonds to institute a carlion to go into a Committee of Supply. The nival of disorder. Half of one square was real crisis of the Reform Bill had arrived. burned down, and many lives were lost. The Its opponents in Parliament were confident Mayor was a singularly quiet man, who and furious; its supporters were desponding shrunk from giving those implicit orders and doubtful; not that they were afraid for which the commanding officer, Colonel Brerethe ultimate fate of their measure, but for ton, required. The latter gentleman from the means by which it should be carried. kind-heartedness temporized with the mob, The King was favorable, but would not con- and endeavored to restore peace by persuatemplate the dissolution of a Parliament sion, without bayonets. The magistrates and which had not completed its first year. The the officer were brought to trial. The proPeers denied the propriety of this exercise ceedings against the former were extremely of the prerogative. The denial roused the painful to the Attorney General, and they energy of the King, and on the 22d of April were acquitted. The proceedings against he prorogued Parliament. These historical | Colonel Brereton were painful to all parties. events are referred to here merely to indicate | He had endeavored to reconcile conscience the hidden work of the Attorney-General; and duty, and he was misdirected and misinon whom the responsibility of keeping these formed. The fourth day of his trial closed.

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He had two little daughters, and they had dent. His decisions proceeded upon an arno mother. Always his last act at night had duous application to the arguments and evid. been to look into their bedroom and say good ence. The incorruptibility of our judges is night to the sleeping children. Afterwards now unquestioned, but their application to the servants observed that on this night he business is a different subject, and deficiency passed their door. He was heard walking in that respect is one form of corruption, and in his room until they all slept. In the judgments are given in some courts with a morning he was dead-shot by his own hand rapidity altogether inconsistent with justice. -a brave man and kind, but unwilling to fire | The counsel on both sides, in perhaps the even upon the worst of the people.

greatest cases of the last thirty years, solicitThe fierce agitations of these troubleded the Bench for an early decision, which times, the close treading on the edges of con- was promised to them in three days. These stitutional law by all parties ; the absolute three days, lawyers relate, were passed by infringement of its principles by the nominal the presiding representative of justice in busy supporters of bis own party; the investiga- pic-nicing, at a rural retreat, from which be tions into riots and the trials of the rioters, returned fresh for judgment. Lord Denman weighed heavily on the energies and the might have arrived at the same findings, but heart of the Attorney-General. The history he would not have reached them through of the Reform Bill belongs rather to the life the medium of a cigar-case. As Chief Justof other statesmen than to that of Sir Thomas ice he adequately represented the feeling of Denman. It became law; and other grand the English people in his time. He united struggles opened on the Parliamentary and firmness with a mild demeanor towards all political fields. None was grander than the men, and patiently examined the statements destruction of slavery, or nearly equal to it adduced Hefore him in his official capacity. in moral sublimity. This discussion, and all The greater portion of his labors originated its consequent labors, was a sunny spot in in cases with which, after the decision is his overwhelming toil; and among many given and the costs are paid, the principals friends of the negroes, no man labored more alone are interested; but during his presidassiduously to uproot this insulting crime to ency two important political questions were humanity, or rejoiced more sincerely at the discussed and settled in a manner not caladvent of that august day when the British culated to raise the character of the courts flag, wherever it was planted, shadowed only with the people. freemen.

The case Stockdale v. Hansard was the He expressed a lively interest in all those first. The House of Commons had ordered social reforms that were either partially or the publication of certain reports on prisons, wholly effected in the years immediately sub- in which a book published by Stockdale was sequent to the passing of the Reform Bill. described as obscene and disgusting in the The Bank and East India Charters had to be extreme. He raised an action of libel against remodelled, and the opinion of the Law offi- the publishers who pleaded the privileges of cers of the Crown had to be obtained. These Parliament, in bar, for whom Messrs. Hansard few words were often lightly spoken, but the acted. In November, 1836, Lord Denman opinion of the chief officer was never lightly declared that the authority of the House formed. The retirement of Earl Grey from could not justify the publication of the libel. the Premiership virtually broke up the Reform In May, 1837, the Committee of the House Ministry; and a peerage was conferred on arrived at an opposite conclusion. Lord DenSir Thomas Dempan in that year, 1834, when man argued that Parliament could not be he was named Chief Justice of England. permitted to libel individuals through the

Thenceforward his years flowed more reports of their committees without a equally. The Chief Justice was remarkable medy. The Commons maintained that the for his calm and dignified bearing on the publication of evidence supplied to their comBench ; bis cheerful devotion to its important mittees was essential to good legislation, and duties; the attention and cares which he should be privileged. They, however, dibestowed on cases, and the diligence with rected their publishers to plead, who were which he pursued his duties, and cleared subjected to damages, and having defended away the arrearage of his Court. No man the action they were bound to meet its consince the days of Sir Mathew Hale discharg; sequences. The trial occupied some time, ed the functions of Chief Justice of England and, at its conclusion, Síockdale brought anwith more dignity than Lord Denman. Like other action, for the Hansards continued to bis great predecessor be was an earnest stu sell the reports. The damages were laid at

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50,0001. Acting upon the instructions of He presided at the last public trial of a
the House, Messrs. Hansard declined to plead. Peer, when Lord Cardigan went through
A jury assessed the damages at 6001.; and that mockery of justice for wounding Captain
the Court directed the sheriffs of London to Harvey Tuckett in a duel. The presiding
recover the sum, from the property of the judge was grave and solemn, but ihe busi-
printers. They endeavored to obtain delay, ness otherwise was a satire on justice.
but Stockdale had nothing to do either with The celebrated review on appeals of
their convenience or the constitutional ques O'Connell's trial brought out the only part-
tion, and wanted bis money. The sheriffs izan opinion with which Lord Denman was
made a levy, and on the 16th December, chargeable, in any great political case, on the
1839, to avoid the embarrassment of a public Bench. Mr. O'Connell and his friends were
sale, the amount was paid. The sheriffs, tried by a jury, consisting of gentlemen who
Evans and Wheelton, were more annoyed made great exertions to escape the respon-
regarding the allocation of these funds than sibility. After they were im panelled, the
other persons usually are even to obtain traversers and their counsel employed all
money. They were willing to pay them over artifices that ingenuity could suggest, to pro-
to Stockdale, but the House of Commons long the proceedings. Upon the twenty-
threatened to commit them; or they were fifth day a verdict of guilty was returned.
willing to retain them, but Lord Denman But the indictment had been divided into
threatened them with imprisonment for con- eleven counts-each of which contained dif-
tempt. They were deliberating on this ferent charges; and the jury, upon oath, anx-
choice of evils when the Commons seized ious to be precise, divided the various mat-
them on the 20th January, 1840, for levying ters in each count, discharging the prisoners
on their publishers goods. Lord Denman from some, and finding others proved. Mr.
issued a writ of habeas corpus, by which he O'Connell and his friends were sentenced to
had the pleasure of an interview with the a heavy fine, and a moderate imprisonment.
sheriffs, but they returned to confinement. The case was taken, by appeal, before the
Stockdale was next imprisoned by the House, judges, and finally found its way to the
and his attorney followed; but be progress- peers, who reversed the judgment. The
ed with bis actions, and on the 17th February Law lords alone voted on the appeal, name-
the fifth of the series was pending. Public ly, Brougham against, Campbell

, Cottenopinion favored the judge more than the ham, and Denman for; but Lord Denman, representatives; but on the 5th March Lord in delivering his judgment, lowered himself John Russell introduced a Bill, to confer on from the Bench to the Bar, and insisted that Parliamentary papers exemption from the the proceedings, if maintained, would reduce libel law, and by retrospective clauses to re- trial by jury to "a mockery, a delusion, and lease Messrs. Hansard from the cases cur

This end had been very nearly rent. Lord Denman and other peers endea accomplished by proceedings anterior to, vored to amend the Bill so as to prevent and pending, the trial. An honest verdict the publication of libels on private individuals, could only be returned at the risk of perbut the :mendment would have vitiated the sonal danger. An individual called on the entire Act, and was therefore rejected while wife of one juryman on the day before the the measure was carried. The merits of the close of the trial, and offered a widow's cap dispute were never fully discussed. “Much for sale, saying, it will be wanted if O'Conmight be said on both sides.” The Chief nell be found guilty. The business of the Justice occupied high grounds. He consider- jurymen was greatly neglected during the ed his Court the last refuge of popular proceedings. They became for many years liberty. The Commons, with equal firmness, proscribed men. They were insulted in the alleged that the representatives of the people streets, and in danger of their lives, while could more satisfactorily than any other their finding was an act of moral courage, power grant their freedom. One thing may of which the three peers who dissented from be admitted, that in reports of Parliamen- the opinions of the subordinate and younger tary evidence, as in the speeches of members, judges were innocent; for Denman, even in private individuals can be very grossly libel- the Queen's case, was supported by popular led, without any redress. Lord Denman applause. sought to prevent this wrong without a re- Trial by jury was, is, has been, and ever medy, but his object was impracticable, un- will be, "a mockery, a delusion, and a snare" less by infringing Parliamentary privileges, in Ireland, because unanimity is requisite to and it was defeated.

a verdict there as in England. Political trials

a snare.

in periods of strong excitement seldom afford | his Court. Lord Campbell succeeded him; the materials for a verdict of this description. and he was active in proclaiming the weakAll juries should decide, as in Scotland, by a ness of his friend, to all who could spread majority; or, if a casting majority be deem the story. Campbell commiserated 'Dened insufficient, by one of two thirds. A list man's failing strength, and, although his of murderers wlio have escaped in Ireland senior in years, bade highly for the Chief by the operation of the present law would Justiceship. The secret of this affair reastonish the English people.

mains to be discovered. Undoubtedly Lord Lord Denman's strong statements were Denman used very strong language on the based, however, on the decision of the counts trial last named. The decision was agreeable by the jurymen. According to his views, if | to politicians at the time, but they were not one count includes a charge for murder, with bound, therefore, to admire the arguments the theft of a silver watch, and the former is used for its support. Certainly Lord Denclearly demonstrated, while the latter is not man heard from many influential quarters proved, the jury should return a verdict of that he was sick, very sick, weak, and reacquittal on the whole rather than separate quired rest. He struggled against this perthe major from the minor accusation. This secuting sympathy for years, but in 1850 he practice would form “a mockery, delusion, retired from the Bench, respected and even and snare."

venerated by the Bar. His latter years were The reversal of the sentence disarmed passed in a genial retirement. He did not O'Connell, and the judgment of the Peers attend the Peers often, but he was always may have been justifiable on political but not ready to support his African policy, for which on legal grounds. After that came the fa- the father contended in the senate, and the mine. The autumn of 1844, when this pro- son on the sea. His career bad neither been ceeding occurred, was the last year of health dazzling nor eccentric, but steady and useand plenty for Ireland, until its great judg. ful; presenting a noble precedent to young ment, still lingering, was partially expended. men, who, in Lord Denman's history, ind Mr. O'Connell sunk under a complication of solid perseverance more than compensating misfortunes. He became an exile seeking the absence of that genius, which gleams health, and died in a struggle to reach Rome. like wildfire in the tale of more than one of He left in Ireland a memorable, but scarcely his contemporaries. But was his mind defa loved, or even a respected name. The cient in the higher attributes of genius, or career of few men in the last generation in bad he brought them into subordination unspires the present with more regret. The der qualities which he deemed more valuable ? Napoleon of politics, he effected little or noth- The question can only be answered by a careing for the people, whom we are bound to ful reading of his speeches, yet we hold by believe that he loved.

the latter alternative. He was struck with An intrigue commenced in the same year, apoplexy, and died at Stoke Albany, North1844, for the removal of Lord Denman from / amptonshire, on the 22d of September last.

Consumption OF LIFE DURING THE REIGN , Turkey of 1828–29, 300,000 fell, of whom, OF NICHOLAS.—The consumption of human however, 50,000 perished by the plague. life during the reign of the Emperor Nicholas The loss of the Russians, in various ways. has been enormous.

He has carried on war since the entry of the Danubian Principalities, with the Circassians uninterruptedly for 28 is understood at 30,000. In these calculayears, at an annual cost of 20,000 lives on tions it should be borne in mind that no the Russian side alone, making a grand total estimate is attempted to be made of the of nearly 600,000 Russians who have perish- sacrifice of buman life on the side of those ed in attempting to subdue the independence who fought for their liberties against the of Circassia. In the two campaigns against aggressions of Russia. If this calculation Persia, as in the Hungarian campaign and were attempted, it is probable that the result the two Polish campaigns of 1831–32, there would prove that neither Julius Cæsar, nor are not sufficient data to enable me to form | Alexander, nor even Tamerlane, has been a a correct estimate of the Russian loss, which | greater scourge to the human race than the was, however, in the Persian and Polish wars present Emperor Nicholas.—The Emperors

,

In the two campaigns against Alexander and Nicholas, by Dr. Lee. VOL XXXIV.-NO. I.

enormous.

4

From the Quarterly Review.

SAMUEL FOOTE, THE HUMORIST.*

Few things are in their nature so fleeting wit and perpetual joking, this is a fault as a joker's reputation. Within a generation which has not much chance of remedy. it lives and dies. The jest may survive, but

Of the three books whose title-pages are the jester is forgotten, and it is wit that flies

transcribed at the head of this article, the unclaimed of any man; or, more frequently, 1 reader may candidly be told that it is not our jest and jester both have passed away, and intention to say anything. What we are going darkness has swallowed up the fireworks al

to write is suggested by what we have not together. And this perhaps is better than to found in them. In the first, an ingenious outlive liking, even in so trumpery a matter Frenchman, and noted Anglo-maniac, reveals as a broad grin. Horace Walpole has told us

the discoveries he has made of eccentric Enghow much Lord Leicester suffered who had lishinen, from Swist to Charles Lamb. In the such a run in George the First's reign, when, second, a contemporary English humorist, having retired for a few years, he returned to himself of no small distinction, eloquently town with a new generation, recommenced discourses of his illustrious predecessors from his old routine, and was taken for a driveller; Addison to Goldsmith, and passes upon them and one would not choose to have been that

some hasty and many subtle sentences. In universally popular wit of the reign of the third, a young and deserving writer, Charles the First, who, according to Sir Wil- whose cleverness would be not less relished liam Temple, was found to be an intolerable if a little less familiar and self-satisfied in bore at the court of Charles the Second.

tone, takes in hand the whole subject of But it is not simply that this kind of repu: Satire and Satirists, dismisses Q. Horatius tation has small value or duration in itself, Flaccus with the same easy decision as Mr. but that it lowers any higher claim in its pos- Punch, and is as much at home with Juvenal sessor. Laughter runs a losing race against and George Buchanan as with Thomas the decencies and decorums; and even Swift, Moore and Theodore Hook. Yet in these when he would have taken his proper place three successive volumes-full of English on the topmost round of the ladder, was heroes, of eccentricity, humor, and satire, tripped up by the “Tale of a Tub." So much

there is One name altogether omitted which the weaker his chances, whose laughter has might have stood as the type of all; being dealt with what partakes itself of the transi-that of an Englishman as eccentric, humorous, tory; who has turned it against the accidents and satirical as any this nation has bred. To and follies of life ; who has connected it with the absent figure in the procession, therefore, the obtrusive peculiarities of character, as

we are about to turn aside to offer tribute. much as with its substance and realities ; and who must therefore look to be bimself not and to show its claims to have been re

propose to speak of that forgotten name; always fairly associated with the trivialities membered, even though it now be little more he has singled out for scorn. books, it is the same. It is wonderful how seldom men of great social repute have been It was once both a terrible and a delightful permitted to enjoy any other; and there is reality. It expressed a bitterness of sarcasm written wisdom of old date to this day unap- and ridicule unexampled in England; and a preciated, because of the laughing and light vivacity, intelligence, and gaiety, a ready and exterior it presents to us. In an age of little unfailing, humor, to which a parallel could

scarcely be found among the choicest wits of * Les Excentriques et les Humoristes Anglais au

France. It was the name of a man so popuDixhuitième Siècle. Par M. Philarète Chasles. lar and diffused, that it would be difficult to Paris, 1848.

say to what class of his countrymen he gave The English Humorists of the Eighteenth Cen

the greatest amount of amusement; it was tury. By W. M. Thackeray. London. 1853.

Šatire and Satirists. By James Hannay. Lon- the name of a man also more dreaded, than don. 1854.

any since his who laid the princes of Europe

We

In life, and in than a name.

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