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deal of very laudable tenderness and humanity in discussing it. We are scarcely, however, converts to that system which would totally abolish the punishment of death. That it is much too frequently inflicted in this country, we readily admit; but we suspect it will be always necessary to reserve it for the most pernicious crimes. Death is the most terrible punishment to the common people, and therefore the most preventive. It does not perpetually outrage the feelings of those who are innocent, and likely to remain innocent, as would be the case from the spectacle of convicts working in the high roads and public places. Death is the most irrevocable punishment, which is in some sense a good; for, however necessary it might be to inflict labour and imprisonment for life, it would never be done. Kings and Legislatures would take pity after a great lapse of years; the punishment would be remitted, and its preventive efficacy, therefore, destroyed. We agree with Philopatris, that the executions should be more solemn; but still the English are not of a very dramatic turn, and the thing must not be got up too finely. Philopatris, and Mr. Jeremy Bentham before him, lay a vast stress upon the promulgation of laws, and treat the inattention of the English Government to this point as a serious evil. It may be so-but we do not happen to remember any man punished for an offence which he did not know to be an offence; though he might not know exactly the degree in which it was punishable. Who are to read the laws to the people? who would listen to them if they were read? who would comprehend them if they listened? In a science like law there must be technical phrases, known only to professional men: business could not be carried on without them: and of what

avail would it be to repeat such phrases to the people? Again, what laws are to be repeated, and in what places? Is a law respecting the number of threads on the shuttle of a Spitalfields weaver to be read to the corn-growers of the Isle of Thanet? If not, who is to make the selection? If the law

cannot be comprehended by listening to the vivâ voce repetition, is the reader to explain it, and are there to be law lectures all over the kingdom? The fact is, that the evil does not exist. Those who are likely to commit the offence soon scent out the newlydevised punishments, and have been long thoroughly acquainted with the old ones. Of the nice applications of the law they are indeed ignorant; but they purchase the requisite skill of some man whose business it is to acquire it; and so they get into less mischief by trusting to others than they would do if they pretended to inform themselves. The people, it is true, are ignorant of the laws; but they are ignorant only of the laws which do not concern them. A poacher knows nothing of the penalties to which he exposes himself by stealing ten thousand pounds from the public. Commissioners of public boards are unacquainted with all the decretals of our ancestors respecting the wiring of hares; but the one pockets his extra per-centage, and the other his leveret, with a perfect knowledge of the lawsthe particular laws which it is his business to elude. Philopatris will excuse us for differing from him upon a subject where he seems to entertain such strong opinions. We have a real respect for all his opinions ::-no man could form them who had not a good heart and a sound understanding. If we have been severe upon his style of writing, it is because we know his weight in the commonwealth and we wish that the many young persons who justly admire and imitate him should be turned to the difficult task of imitating his many excellences, rather than the useless and easy one of copying his few defects.

OBSERVATIONS ON THE HISTORICAL WORK OF THE RIGHT

HON. CHARLES JAMES FOX.

(E. REVIEW, 1809.) Observations on the Historical Work of the Right Honourable Charles James Fox. By the Right Honourable George Rose

pp. 215. With a Narrative of the Events | finds it "necessary
which occurred in the Enterprise of the volume.
Earl of Argyle in 1685. By Sir Patrick
Hume. London, 1809.

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All this sounds very chivalrous and affectionate; but we have three little remarks to make. In the first place, Mr. Fox passes no censure on Sir Patrick Hume. In the second place, this publication does by no means obviate the censure of which Mr. Rose complains. And, thirdly, it is utterly absurd to ascribe Mr. Rose's part of the volume, in which Sir Patrick Hume is scarcely ever mentioned, to any anxiety about his reputation.

THIS is an extraordinary performance in itself; but the reasons assigned for its publication are still more extraordinary. A person of Mr. Rose's consequence-incessantly occupied, as he assures us, "with official duties, which take equally," according to his elegant expression, "from the disembarrassment of the mind and the lei sure of time," thinks it absolutely necessary to explain to his country In the first place, it is quite certain the motives which have led him to do that Mr. Fox passes no censure on Sir so idle a thing as to write a book. He Patrick Hume. On the contrary, he would not have it supposed, however, says of him, that "he had early distinthat he could be tempted to so ques-guished himself in the cause of liberty;" tionable an act by any light or ordi- and afterwards rates him so very nary consideration. Mr. Fox and other literary loungers may write from a love of fame, or a relish for literature; but the official labours of Mr. Rose can only be suspended by higher calls. All his former publications, he informs us, originated in "a sense of public duty;" and the present, in “an impulse of private friendship." An ordinary reader may perhaps find some difficulty in comprehending how Mr. Rose could be "impelled by private friendship" to publish a heavy quarto of political observations on Mr. Fox's History: — - and for our own parts, we must confess, that after the most diligent perusal of his long explanation, we do not in the least comprehend it yet. The explanation, however, which is very curious, it is our duty to lay before our readers.

highly, as to think it a sufficient reason for construing some doubtful points in Sir John Cochrane's conduct favourably, that he had always acted in conjunction with Sir Patrick Hume, who is proved by the subsequent events, and indeed by the whole tenor of his life and conduct, to have been uniformly sincere and zealous in the cause of his country." Such is the deliberate and unequivocal testimony which Mr. Fox has borne to the character of this gentleman; and such the historian, whose unjust censures have compelled the Right Honourable George Rose to indite 250 quarto pages, out of pure regard to the injured memory of this ancestor of his deceased patron.

Such is Mr. Fox's opinion, then, of Sir Patrick Hume; and the only opinion he anywhere gives of his character. With regard to his conduct, he observes, indeed, in one place, that he

Mr. Rose was much patronised by the late Earl of Marchmont, who left him his family papers, with an injunc-and the other gentlemen engaged in tion to make use of them, "if it should ever become necessary." Among these papers was a narrative by Sir Patrick Hume, the Earl's grandfather, of the occurrences which befell him and his associates in the unfortunate expedition undertaken by the Earl of Argyle in 1685. Mr. Fox, in detailing the history of that expedition, has passed a censure, as Mr. Rose thinks, on the character of Sir Patrick; and, to obviate the effects of that censure, he now

the enterprise appear to have paid too
little deference to the opinion of their
noble leader; and narrates, in another,
that, at the breaking up of their little
army, they did not even stay to reason
with him, but crossed the Clyde with
such as would follow them.
Sir Patrick's own narrative, so far from
contradicting either of these state-
ments, confirms them both in the most
remarkable manner. There is scarcely
a page of it that does not show the

Now,

jealous and controlling spirit which | Cochrane; and said, that their ignowas exercised towards their leader; rance and misconduct was, though not and, with regard to the concluding designedly, the chief cause of his failure. scene, Sir Patrick's own account makes Mr. Fox neither adopts nor rejects this infinitely more strongly against himself sentiment. He gives his own opinion, and Sir John Cochrane, than the as we have already seen, in terms of general statement of Mr. Fox. So the highest encomium on the character far from staying to argue with their of Sir Patrick Hume, and merely regeneral before parting with him, it peats the expressions of Argyle as he appears that Sir Patrick did not so found them in Woodrow and the other much as see him; and that Cochrane, historians, and as he was under the at whose suggestion he deserted him, necessity of repeating them, if he was had in a manner ordered that unfor- to give any account of the last words tanate nobleman to leave their com- of that unfortunate nobleman. It is pany. The material words of the this censure of Argyle, then, perhaps, Barrative are these: and not any censure of Mr. Fox's, that On coming down to Kilpatrick, I met Mr. Rose intended to obviate by the Sir John (Cochrane), with others accom- publication before us. But, upon this panieing him; who takeing mee by the hand, supposition, how did the appearance of turned race, saying, My heart, goe you with Mr. Fox's book constitute that necessity mee? Whither goe you, said I? Over Clide which compelled the tender conscience by boate, said he.—I: Wher is Argyle? I of Lord Marchmont's executor to give must see him.-He: He is gone away to his One countrey, you cannot see him.-I. to the world this long-lost justification How comes this change of resolution, and of his ancestor? The censure did not that wee went not together to Glasgow?-appear for the first time in Mr. Fox's He: It is no time to answer questions, but book. It was repeated, during Sir I shall satisfy you afterward. To the boates Patrick's own life, in all the papers of wee came, filled 2, and rowed over." &c.- the time, and in all the historians An honest gentleman who was present since. Sir Patrick lived nearly forty told mee afterward the manner of his part- good years after this accusation of ing with the Erle. Argyle being in the Poom with Sir John, the gentleman coming Argyle was made public; and thirtyin, found confusion in the Erle's counte-six of those years in great credit, mace and speach. In end he said, Sir honour, and publicity. If he had John, I pray advise mee what shall I doe; thought that the existence of such an shall I go over Clide with you, or shall I accusation constituted a kind of moral go to my owne countrey? Sir John an- necessity for the publication of his swered, My Lord, I have told you my narrative, it is evident that he would opinion; you have some Highlanders here about you; it is best you goe to your owne himself have published it; and if it country with them, for it is to no purpose was not necessary then, while he was for you to go over Clide. My Lord, faire alive to suffer by the censure of his you well. Then call'd the gentleman, Come leader, or to profit by its refutation, it ay, Sir; who followed him when I met is not easy to understand how it should with him."—Sir P. Hume's Narrative, pp. be necessary now, when 130 years have elapsed from the date of it, and the bones of its author have reposed for nearly a century in their peaceful and honoured monument.

60, 64.

Such are all the censures which Mr. Fox passes upon this departed worthy; and such the contradiction which Mr.

Rose now thinks it necessary to ex- That the narrative never was pub bibit. It is very true that Mr. Fox, in lished before, though the censure, to the course of his narrative, is under which it is supposed to be an antidote, the necessity of mentioning, on the had been published for more than a credit of all the historians who have century, is a pretty satisfactory proof treated of the subject, that Argyle, that those who were most interested after his capture, did express himself in and best qualified to judge, either did terms of strong disapprobation both of not consider the censure as very deadly, Sir Patrick Hume and of Sir John or the antidote as very effectual. We

are very well contented to leave it for. The narrative is given as an ap doubtful which of these was the case; pendix of 65 pages to a volume of and we are convinced that all the upwards of 300. In publishing the readers of Mr. Rose's book will agree narrative, Mr. Rose did not assume the that it is still very doubtful. Sir Pat-character of an “author," and was not rick, in his narrative, no doubt, says called upon, by the responsibility of that Argyle was extremely arrogant, that character, to explain to the world self-willed, and obstinate; but it is his reasons for "submitting himself to equally certain, that the Earl said of their judgment." It is only for his him, that he was jealous, disobedient, book, then, exclusive of the narrative, and untractable. Both were men of that Mr. Rose can be understood to be honour and veracity; and, we doubt offering any apology; and the apology not, believed what they said. It is he offers is, that it sprung from the even possible that both may have said impulse of private friendship. When truly; but, at this distance of time, and the matter is looked into, however, it with no new evidence but the averment turns out, that though private friendof one of the parties, it would be alto- ship may, by a great stretch, be supgether ridiculous to pretend to decide posed to have dictated the publication which may have come nearest to an of the appendix, it can by no possibility impartial statement. Before the publi- account, or help to account, for the cation of the present narrative, it is plain composition of the book. Nay, the from Woodrow, Burnet and other tendency and tenor of the book is such writers, that considerable blame was as this ardent and romantic friendship generally laid on Argyle for his peremp- must necessarily condemn. It contains toriness and obstinacy; and, now that nothing whatever in praise or in defence the narrative is published, it is still of Sir Patrick Hume; but it contains more apparent than ever that he had a very keen, and not a very candid, atsome ground for the charges he made tack upon his party and his principles. against his officers. The whole tenor Professing to be published from anxiety of it shows that they were constantly to viudicate and exalt the memory of in the habit of checking and thwarting an insurgent revolution Whig, it conhim; and we have already seen that it sists almost entirely of an attempt to gives a very lame and unsatisfactory depreciate Whig principles, and openly account of their strange desertion of to decry and vilify such of Mr. Fox's him, when their fortunes appeared to be opinions as Sir Patrick Hume constantly desperate. exemplified in his actions. There never was an effect, we believe, imputed to so improbable a cause.

Finally, we may ask, if Mr. Rose's view, in this publication, was merely to vindicate the memory of Sir Patrick Hume, why he did not put into Mr. Fox's hands the information which would have rendered all vindication unnecessary? It was known to all the world, for several years, that Mr. Fox was engaged in the history of that period; and if Mr. Rose really thought that the papers in his custody gave a different view of Sir Patrick's

It is perfectly plain, therefore, we conceive, that the publication of Mr. Fox's book constituted neither a necessity nor an intelligible inducement for the publication of this narrative; and that the narrative, now that it is published, has no tendency to remove any slight shade of censure that history may have thrown over the temper or prudence of Sir Patrick Hume. But, even if all this had been otherwise, if Mr. Fox had, for the first time, insinuated a censure on this defunct Whig, and if the narrative had contained the most complete refutation of such a censure-conduct from that exhibited in the this might indeed have accounted for the publication of Sir Patrick's narrative; but it could not have accounted at all for the publication of Mr. Rose's book the only thing to be accounted

printed authorities, was it not his duty to put Mr. Fox upon his guard against being misled by them, and to communicate to him those invaluable documents to which he could have access

on Mr. Fox's work—and nobody a better right than Mr. Rose; and if he had stated openly, that all the habits and connections of his life had led him to wish to see that work discredited, no one would have been entitled to complain of his exertions in the cause. When he chooses to disguise this motive, however, and to assign another which does not at all account for the phenomenon, we are so far from forgetting the existence of the other, that we are internally convinced of its being much stronger than we should otherwise have suspected; and that it is only dissembled, because it exists in a degree that could not have been decently avowed. For the same reason, therefore, of enabling our readers more distinctly to appreciate the intellect and temper of this Right Honourable author, we must say a word or two more of his Introduction, before proceeding to the substance of his remarks.

in no other way? Did he doubt that Mr. Fox would have the candour to state the truth, or that he would have stated with pleasure anything that could exalt the character of a revolution Whig? Did he imagine that any statement of his could ever obtain equal notoriety and effect with a statement in Mr. Fox's history? Or, did he poorly withhold this information, that he might detract from the value of that history, and have to boast to the public that there was one point upon which he was better informed than that illustrious statesman? As to the preposterous apology which seems to be hinted at in the book itself, viz, that it was Mr. Fox's business to have asked for these papers, and not Mr. Rose's to have offered them, we shall only observe, that it stands on a point of etiquette, which would scarcely be permitted to govern the civilities of tradesmen's wives; and that it seems not a little unreasonable to lay Mr. Fox under the necessity of asking for Besides the edifying history of his papers, the very existence of which he motive for writing, we are favoured, in could have no reason to expect. This that singular piece, with a number of his narrative of Sir Patrick Hume has now opinions upon points no way connected lain in the archives of his family for with Mr. Fox or his history, and with 130 years, unknown and unsuspected a copious account of his labours and to all but its immediate proprietor; studies in all kinds of juridical and conand, distinguished as Sir Patrick was stitutional learning. In order to confirm in his day in Scotland, it certainly an opinion that a minute knowledge of does not imply any extraordinary our ancient history is not necessary to stupidity in Mr. Fox, not to know, by understand our actual constitution, he intuition, that there were papers of his takes an unintelligible survey of the in existence which might afford him progress of our government, from the some lights on the subject of his his- days of King Alfred, and quotes tory. Lord Coke, Plowden, Doomsday Book, We may appear to have dwelt too Lord Ellesmere, Rymer's Fœdera, long on these preliminary considera- Dugdale's Origines, the Rolls of Parlia tions, since the intrinsic value of Mr. ment, Whitelock, and Abbott's ReRose's observations certainly will not cords; but, above all," a report which be affected by the truth or the fallacy I made several years ago on the state of the motives he has assigned for of the records in my custody." He publishing them. It is impossible, how- then goes on, in the most obliging ever, not to see that, when a writer manner, to inform his readers that assigns a false motive for his coming "Vertot's Account of the Revolutions forward, he is commonly conscious of Rome has been found very useful that the real one is discreditable; and by persons who have read the Roman that to expose the hollowness of such History; but the best model that I have a pretence, is to lay the foundation of met with for such a work as appears a wholesome distrust of his general to me to be much wanted, is a short fairness and temper. Anybody cer- History of Poland, which I translated tainly had a right to publish remarks nearly forty years ago, but did not

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