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of a superior man,—of a man, too, who seems to feel what he writes,—who does not aim at conveying his meaning in rhetorical and ornamented phrases, but who uses plain words to express strong sensations. We cannot help wishing, indeed, that Sir James Mackintosh had been more diffuse upon the political character of Mr. Fox, the great feature of whose life was the long and unwearied opposition which he made to the low cunning, the profligate extravagance, the sycophant mediocrity, and the stupid obstinacy of the English Court.

To estimate the merit, and the difficulty, of this opposition, we must remember the enormous influence which the Crown, through the medium of its patronage, exercises in the remotest corners of the kingdom,-the number of subjects whom it pays,—the much greater number whom it keeps in a state of expectation,-and the ferocious turpitude of those mercenaries whose present profits and future hopes are threatened by honest, and exposed by eloquent men. It is the easiest of all things, too, in this country, to make Englishmen believe that those who oppose the Government wish to ruin the country. The English are a very busy people; and, with all the faults of their governors, they are still a very happy people. They have, as they ought to have, a perfect confidence in the administration of justice. The rights which the different classes of mankind exercise the one over the other are arranged upon equitable principles. Life, liberty, and property are protected from the violence and caprice of power. The visible and immediate stake, therefore, for which English politicians play, is not large enough to attract the notice of the people, and to call them off from their daily occupations, to investigate thoroughly the characters and motives of men engaged in the business of legislation. The people can only understand, and attend to, the last results of a long series of measures. They are impatient of the details which lead to these results; and it is the easiest of all things to make them believe that those who insist upon such details are actuated only by factitious motives. We are all now groaning under the weight of taxes: but how often was Mr. Fox followed by the curses of his country for protesting against the two wars which have loaded us with these taxes?—the one of which wars has made America independent, and the other rendered France omnipotent. The case is the same with all the branches of public liberty. If the broad and palpable question were, whether every book which issues from the press should be subjected to the licence of a general censor, it would be impossible to blacken the character of any man, who, so called upon, defended the liberty of publishing opinions. But when the Attorney-General for the time being ingratiates himself with the Court, by nibbling at this valuable privilege of the people, it is very easy to treat hostility to his measures as a minute and frivolous opposition to the Government, and to persuade the mass of mankind that it is so. In fact, when a nation has become free, it is extremely difficult to persuade them that their freedom is only to be preserved by perpetual and minute jealousy. They do not observe that there is a constant, perhaps an unconscious, effort on the part of their governors to diminish, and so ultimately to destroy, that freedom. They stupidly imagine that what is, will always be; and, contented with the good they have already gained, are easily persuaded to suspect and vilify those friends-the object of whose life it is to preserve that good, and to increase it. It was the lot of Mr. Fox to fight this battle for the greater part of his life; in the course of which time he never was seduced, by the love of power, wealth, or popularity, to sacrifice the happiness of the many to the interests of the few. He rightly thought, that kings and all public officers were instituted only for the good of those over whom they preside; and he acted as if this

conviction was always present to his mind; disdaining and withstanding that idolatrous tendency of mankind, by which they so often not only suffer, but invite, ruin from that power which they themselves have wisely created for their own happiness. He loved, too, the happiness of his countrymen more than their favour; and while others were exhausting the resources by flattering the ignorant prejudices and foolish passions of the country, Mr. Fox was content to be odious to the people, so long as he could be useful also. It will be long before we witness again such pertinacious opposition to the alarming power of the Crown, and to the follies of our public measures, the necessary consequence of that power. That such opposition should ever be united again with such extraordinary talents, it is, perhaps, in vain to hope.

One little exception to the eulogium of Sir James Mackintosh upon Mr. Fox, we cannot help making. We are no admirers of Mr. Fox's poetry. His Vers de Société appears to us flat and insipid. To write verses was the only thing which Mr. Fox ever attempted to do, without doing it well. that single instance he seems to have mistaken his talent.

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Immediately after the collection of panegyrics which these volumes contain, follows the eulogium of Mr. Fox by Philopatris himself; and then a volume of notes upon a variety of topics which this eulogium has suggested. Of the laudatory talents of this Warwickshire patriot, we shall present our readers with a specimen.

"Mr. Fox, though not an adept in the use of political wiles, was very unlikely to be the dupe of them. He was conversant in the ways of men, as well as in the contents of books.He was acquainted with the peculiar language of states, their peculiar forms, and the grounds and effects of their peculiar usages.-From his earliest youth, he had investigated the science of politics in the greater and the smaller scale; he had studied it in the records of history, both popular and rare-in the conferences of ambassadors-in the archives of royal cabinets -in the minuter details of memoirs-and in collected or straggling anecdotes of the wrangles, intrigues, and cabals, which, springing up in the secret recesses of courts, shed their baneful influence on the determinations of sovereigns, the fortune of favourites, and the tranquillity of kingdoms. But that statesmen of all ages, like priests of all religions, are in all respects alike, is a doctrine the propagation of which he left, as an inglorious privilege, to the misanthrope, to the recluse, to the factious incendiary, and to the unlettered multitude. For himself, he thought it no very extraordinary stretch of penetration or charity to admit that human nature is everywhere nearly as capable of emulation in good as in evil. He boasted of no very exalted heroism, in opposing the calmness and firmness of conscious integrity to the shuffling and slippery movements, the feints in retreat and feints in advance, the dread of being overreached, or detected in attempts to overreach, and all the other humiliating and mortifying anxieties of the most accomplished proficients in the art of diplomacy. He reproached himself for no guilt, when he endeavoured to obtain that respect and confidence which the human heart unavoidably feels in its intercourse with persons who neither wound our pride, nor take aim at our happiness, in a war of hollow and ambiguous words. He was sensible of no weakness in believing that politicians, who, after all, 'know only as they are known,' may, like other human beings, be at first the involuntary creatures of circumstances, and seem incorrigible from the want of opportunities or incitements to correct themselves; that, bereft of the pleas usually urged in vindication of deceit, by men who are fearful of being deceived, they, in their official dealings with him, would not wantonly lavish the stores they had laid up for huxtering in a traffic which, ceasing to be profitable, would begin to be infamous; and that, possibly, here and there, if encouraged by example, they might learn to prefer the shorter process, and surer results, of plain dealing, to the delays, the vexations, and the uncertain or transient success, both of old-fashioned and new-fangled chicanery."(I. 209-211.)

It is impossible to read this singular book without being everywhere struck with the lofty and honourable feelings, the enlightened benevolence, and sterling honesty with which it abounds. Its author is everywhere the circumspect friend of those moral and religious principles upon which the happiness of society rests. Though he is never timid, nor prejudiced, nor bigoted, his piety, not prudish and full of antiquated and affected tricks, presents itself with an earnest aspect, and in a manly form; obedient to reason, prone to investigation, and dedicated to honest purposes. The writer, a clergyman,

speaks of himself as a very independent man, who has always expressed his opinions without any fear of consequences, or any hope of bettering his condition. We sincerely believe he speaks the truth; and revere him for the life which he has led. Political independence-discouraged enough in these times among all classes of men-is sure, in the timid profession of the church, to doom a man to eternal poverty and obscurity.

There are occasionally, in Philopatris, a great vigor of style and felicity of expression. His display of classical learning is quite unrivalled-his reading various and good; and we may observe, at intervals, a talent for wit, of which he might have availed himself to excellent purpose, had it been compatible with the dignified style in which he generally conveys his sentiments. With all these excellent qualities of head and heart, we have seldom met with a writer more full of faults than Philopatris. There is an event recorded in the Bible, which men who write books should keep constantly in their remembrance. It is there set forth, that many centuries ago the earth was covered with a great flood, by which the whole of the human race, with the exception of one family, were destroyed. It appears, also, that from thence, a great alteration was made in the longevity of mankind, who, from a range of seven or eight hundred years, which they enjoyed before the flood, were confined to their present period of seventy or eighty years. This epoch in the history of man gave birth to the twofold division of the antediluvian and the postdiluvian style of writing, the latter of which naturally contracted itself into those inferior limits which were better accommodated to the abridged duration of human life and literary labour. Now, to forget this event-to write without the fear of the deluge before his eyes, and to handle a subject as if mankind could lounge over a pamphlet for ten years, as before their submersion-is to be guilty of the most grievous error into which a writer can possibly fall. The author of this book should call in the aid of some brilliant pencil, and cause the distressing scenes of the deluge to be portrayed in the most lively colours for his use. He should gaze at Noah, and be brief. The ark should constantly remind him of the little time there is left for reading; and he should learn, as they did in the ark, to crowd a great deal of matter into a very little compass.

Philopatris must not only condense what he says in a narrower compass, but he must say it in a more natural manner. Some persons can neither stir hand nor foot without making it clear that they are thinking of themselves, and laying little traps for approbation. In the course of two long volumes, the Patriot of Warwick is perpetually studying modes and postures-the_subject is the second consideration, and the mode of expression the first. Indeed, whole pages together seem to be mere exercises upon the English language, to evince the copiousness of our synonymes, and to show the various methods in which the parts of speech can be marshalled and arrayed. This, which would be tiresome in the ephemeral productions of a newspaper, is intolerable in two closely printed volumes.

Again, strange as it may appear to this author to say so, he must not fall into the frequent mistake of rural politicians, by supposing that the understandings of all Europe are occupied with him and his opinions. His ludicrous self-importance is perpetually destroying the effect of virtuous feeling and just observation, leaving his readers with a disposition to laugh, where they might otherwise learn and admire.

"I have been asked, why, after pointing out by name the persons who seemed to me most qualified for reforming our Penal Code, I declined mentioning such ecclesiastics as might with propriety be employed in preparing for the use of the churches a grave and impressive discourse on the authority of human laws; and as other men may ask the same question

which my friend did, I have determined, after some deliberation, to insert the substance of my answer in this place.

"If the public service of our church should ever be directly employed in giving effect to the the sanctions of our Penal Code, the office of drawing up such a discourse as I have ventured to recommend would, I suppose, be assigned to more than one person. My ecclesiastical superiors will, I am sure, make a wise choice. But they will hardly condemn me for saying, that the best sense expressed in the best language may be expected from the Bishops of Llandaff, Lincoln, St. David's, Cloyne, and Norwich, the Dean of Christchurch, and the President of Magdalen College, Oxford. I mean not to throw the slightest reproach upon other dignitaries whom I have not mentioned. But I should imagine that few of my enlightened contemporaries hold an opinion different from my own; upon the masculine understanding of a Watson, the sound judgment of a Tomline, the extensive erudition of a Burgess, the exquisite taste and good nature of a Bennet, the calm and enlightened benevolence of a Bathurst, the various and valuable attainments of a Cyril Jackson, or the learning, wisdom, integrity, and piety of a Martin Routh."-(Pp. 524, 525.) In the name of common modesty, what could it have signified whether this author had given a list of ecclesiastics whom he thought qualified to preach about human laws? what is his opinion worth? who called for it? who wanted it? how many millions will be influenced by it?—and who, oh gracious Heaven! who are a Burgess-a Tomline-a Bennet-a Cyril Jackson-a Martin Routh?―a Tom-a Jack-a Harry-a Peter?-All good men enough in their generation doubtless they are. But what have they done for the broad a? what has any one of them perpetrated which will make him to be remembered, out of the sphere of his private virtues, six months after his decease? Surely, scholars and gentlemen can drink tea with each other, and eat bread and butter, without all this laudatory cackling.

Philopatris has employed a great deal of time upon the subject of capital punishments, and has evinced a great 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 highroads and public places. Death is the most economical punishment, and it is of course 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 percentage, and the other his leveret, with a perfect knowledge of the laws-the 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.

ROSE'S OBSERVATIONS ON FOX. (E. REVIEW, July, 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 which occurred in the Enterprise of the Earl of Argyle in 1685. By Sir PATRICK HUME. 4to, pp. 67. London: 1809.

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 leisure of time," thinks it absolutely necessary to explain to his country the motives which have led him to do so idle a thing as to write a book. He would not have it supposed, however, that he could be tempted to so questionable an act by any light or ordinary 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 part, 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.

Mr. Rose was much patronised by the late Earl of Marchmont, who left him his family papers with an injunction 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

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