The generous and philanthropic mind which had prompted the extension of the right-hand of fellowship to the emancipated masses of France, in 1791, and which, forty years later, was stretched forth to break the chains from the limbs of the West India bondmen, was not slow to see that the criminal code of his own country was the legitimate offspring of a black and bloody age. Returning to England in 1811, he entered Parliament in 1813, where he remained until his death, in 1832. He promptly took his seat by the side of his friends, Brougham and Romilly, and threw his great soul into the contest of the People with the Crown. The important questions growing out of the European and American wars, in regard to the rights of neutrals, were then pending, and he joined Brougham in advocating liberal measures. And, to the end of his legislative career, on all questions of foreign policy and continental combinations, on the alien bill and the liberty of the press, on Catholic emancipation and the abolition of slavery, on the recognition of South American independence and the settlement of Greece, on the education of the poor and the freedom of trade, on the relief of the Dissenters and Parliamentary reform, he was ever found on the side of justice and humanity. For a short period he was the leader of the liberal party in the Commons, but he soon relinquished the post to the more daring and robust Brougham. Indeed, Sir James had not the capacity for leading a popular body like the House of Commons. He was too indolent in mastering dry details, too little of a business man, and his style of oratory was too philosophical, classical, and refined, to produce the best effect on such an assembly. He spoke over the heads of country squires and men of the 'change, who could not translate his Greek and Latin quotations, nor catch the point of his learned allusions, nor see precisely what these had to do with the traffic in corn or negroes, or the overthrow of the Holy Alliance abroad, or the uprooting of rotten boroughs at home. When Hume figured before the House, with his bales of statistics, these plain men could arrive at the sum total of what he was at. When Canning's arrows whirled about the heads of the Opposition, they could see them quivering in the flesh of his antagonists. When Romilly's eloquence wafted gently over them, they were refreshed and delighted. And even when Brougham shook the walls like an earthquake, they understood why they held so fast to their seats. But Mackintosh's Plato and Priam, his Homer and his Helicon, were "Greek" to them. His speeches were better adapted to be read in the library of the scholar than to be heard in the Commons House of Parliament. It was these defects in his oratory, and his utter want of all taste for business, and his indolent and immethodical habits, which kept him behind men of inferior talents and acquirements while his party was in opposition, and gave him no prominent place in its counsels when it assumed the reins of Government. Sydney Smith, in a characteristic letter to Sir James's son, writes thus: "Curran, the Master of the Rolls, said to Grattan, 'You would be the greatest man of your age, Grattan, if you would buy a few yards of red tape, and tie up your bills and papers.' This was the fault or misfortune of your excellent father. He never knew the use of red tape, and was utterly unfit for the common business of life."

Mackintosh was a man of the purest benevolence and the liveliest philanthropy. He held all his vast literary and philosophical attainments cheap in comparison with his labors in the cause of humanity. The friendless criminal, shuddering in the dock under the frown of some heartless judge—the imbruted slave, writhing under the lash of a task-master in the islands of the West—the yeoman at his plow, deprived of the electoral rights which the very sods he tilled could enjoy—the educated Dissenter and Catholic, shut out from stations of honor and trust for refusing a test which stained their consciences, were all advanced to a higher civilization and a broader field of civil and religious freedom, by his aid. He was the zealous co-worker of Wilberforce and Clarkson, of Brougham and Buxton, of Sturge and Lushington, in the work of negro emancipation. His last, greatest, speech in Parliament was on the Reform Bill. Bulwer says of it: "I shall never forget the extensive range of ideas, the energetic grasp of thought, the sublime and soaring strain of legislative philosophy, with which he charmed and transported me." Before such services as he rendered to the cause of man, how all the acquisitions and displays of the scholar and the metaphysician grow pale!

I have spoken of his intimacy with Robert Hall. There was a striking similarity in the structure of their minds and in their literary tastes. The politician was a classical, philosophical lawyer and Parliamentarian. The divine was a classical, philosophical theologian and preacher. Each was fond of abstract speculation—each was a profound and original reasoner and thinker—each reveled in the literature of the ancients—each was a writer of whom any nation or age might be proud. Hall much excelled his friend in the high walks of oratory, and the power of riveting, of transfixing an auditory, and holding them spell-bound while he played with their passions and emotions with masterly skill. The first pulpit orator of his day, in the zenith of his fame he could attract a greater crowd of rare men than any other preacher in the metropolis or the country. The same cannot be affirmed of Mackintosh in the theater where he displayed his forensic powers. The speech which so transported Bulwer in the House of Commons, because of defects in the delivery transported half the members out of it. Each shone no less in the social circle than in the forum. While Mackintosh was the more ornate and classical talker, Hall surpassed him in keen sarcasm and solid argument. The conversational talents of Hall were more appreciable by ordinary capacities, his style being racy, off-hand, bold. Mackintosh was fitted to be the companion of polite scholars and learned critics, and his conversation was more showy, dazzling, and prepared. The wit of Hall, when in full play, approached to drollery, and his sarcasm cut to the bone. The wit of Mackintosh was Attic, and his sarcasm refined and delicate. Hall crushed a pedantic fool with a single blow of his truncheon. Mackintosh tossed him on the end of his lance. Hall made no effort to shine in society, and all his good things seemed to bubble up naturally from a full fountain, whilst his strength was reserved for public exhibitions, where he shone in splendor. Mackintosh elaborated his social effusions, (and it was his weakness,) and his best things gushed like jet d'eaus from prepared reservoirs; and if he failed to win applause at St. Stephen's, he was sure to be the center of attraction at Holland House. Hall put down upstartism like a judge at nisi prius rebuking a shallow barrister for contempt of court. Mackintosh pricked the gas-bag with the delicate instrument of his irony. Hall was loved by his friends. Mackintosh was admired by his associates. Each was a philanthropist and reformer, and each in his sphere was in advance of his times in catholicity of spirit, boldness of speculation, and freedom from the cant of party and sect.

The works of Mackintosh are numerous—though some of his best writings hardly deserve to be called works, in the incomplete state in which he left them. Besides those already mentioned, there may be noted many rich contributions to the Edinburgh Review and other periodicals—some Parliamentary and anniversary speeches—a beautiful life of Sir Thomas More—an acute and eloquent dissertation in the Encyclopedia Britannica on the General View of the Progress of Ethical Philosophy—and a Fragment of English History concerning the Revolution of 1688.

During his lifetime, Sir James was abused by the Tories; nor did the tirade cease at his death. Somewhat covetous of fame, and utterly reckless of gold, he left little to his children, except a brilliant reputation and principles that can never die.


CHAPTER XI.

Religious Toleration—Eminent Nonconformists—The Puritans—Oliver Cromwell—The Pilgrims—The Corporation and Test Acts—Their Origin—Their Effects upon Dissenters and others—Their virtual Abandonment and final Repeal—The first Triumph of the Reformers.

For centuries it was a settled maxim in England, that the only sure way to convert a heretic was to put him to death. All dominant sects have been persecutors in their turn. The Papists burnt the Episcopalians, the Episcopalians decapitated the Puritans, and the Puritans hung the Quakers. With the advancing light of civilization, the dungeon and the pillory were substituted for the scaffold and the stake. Then, as each sect had the power, it imprisoned, scourged, and cropped the others. At length, bigotry was satisfied with imposing pecuniary fines and civil disabilities on schismatics. Though it is long since the nostrils of a dominant sect in England have been regaled with the incense of a roasting heretic, it is only twenty years since the Established Church of that country erased from the statute book the grosser penalties against the exercise of the rights of conscience, leaving a sufficient number unrepealed to operate as a terror to evil doers, and a praise and a profit to them that do not "dissent."