obtained an excellent education. He was for some time placed under the charge of poor Blacklock,—an arrangement by which Hume sought to perform a double act of beneficence.[399:1] Joseph died unmarried,
on 14th February, 1832, and was succeeded by his brother David, whose career was more public and
distinguished. He was born on 27th February, 1757,[401:1] and died on 27th July, 1838. He was successively sheriff of the counties of Berwick and Linlithgow. He was professor of Scots law in the university of Edinburgh, and a principal clerk of Session. He subsequently resigned these offices, on his being appointed a Baron of the Scottish Exchequer. His works are of great authority in the practical departments of the law. While he taught in the university, his students zealously collected notes of his lectures; and, as he refused to permit any version of them to be published, the well preserved collections of these notes have been considered valuable treasuries of legal wisdom. In 1790, he published "Commentaries on the law of Scotland, respecting trials for crimes;" and, in 1797, "Commentaries on the law of Scotland respecting the description and punishment of crimes," forming, in four quarto volumes, a comprehensive treatise on all the departments of the criminal law of Scotland, which has now passed through three editions. It has been justly remarked, that lawyers of the
present generation, can, with difficulty, appreciate the merit of this work, because, from its having converted the whole subject it embraces into a system, the chaotic mass, from which the present comparatively orderly criminal code of Scotland was constructed, has disappeared.[402:1]
Few literary reputations have been more unlike each other than those of the two David Humes, uncle and nephew. The former hated legal details and the jargon of technical phraseology; to the latter they were the breath of his literary life. The one, as a philosopher, saw, throughout a wide circumference of vision, the relations to each other of the most distant objects of human knowledge; the latter saw nothing beyond the bounds of the professional details before him; but these he noted with an unrivalled accuracy. The strength, clearness, and beauty of the philosopher's language have been a lasting object of admiration; the lawyer's diction was clumsy, rude, and ponderous, without being either strong or clear. On one point only did they agree—their political opinions; and yet, on this subject, they seem not always to have been in unison. From a very curious letter, which will be found a few pages farther on, it appears that Hume thought it necessary seriously to warn his nephew against republican principles. Few, who are only acquainted with the opinions of Baron Hume's later life, will be inclined to believe that this danger could ever have been serious. He was a supporter
of all those parts of the criminal law of Scotland,—in his day not a few,—which put the subject at the mercy of the crown and of the judges; and a warm admirer of his sagacity and learning, as a lawyer, cannot quit this subject without regretting that these qualities should have been brought to aid the promulgation of arbitrary principles.
The education of his nephews, occupies, as has been already stated, the remainder of the letter by Hume to his brother above cited.
"My present situation revives those reflections which have frequently occurred to me concerning the education of your sons, particularly of Josey, whose age now advances, and seems to approach towards a crisis. The question is, whether he had better continue his education in Scotland or in England. There are several advantages of a Scots education; but the question is, whether that of the language does not counterbalance them, and determine the preference to the English. He is now of an age to learn it perfectly; but if a few years elapse, he may acquire such an accent, as he will never be able to cure of. It is not yet determined what profession he shall be of: but it must always be of great advantage to speak properly: especially if it should prove, as we have reason to hope, that his good parts will open him the road of ambition. The only inconvenience is, that few Scotsmen, that have had an English education, have ever settled cordially in their own country; and they have been commonly lost ever after to their friends. However, as this consequence is not necessary, the superior recommendations of an English education ought not to be neglected. I have been making inquiries for some time, and on the whole I find Eton the best place for the education of youth.
He would there be able to form connexions with many young people of distinction; though the whole expense would scarcely exceed £70 a-year, which I fancy is little more than he costs you at present. I suggest, therefore, this idea to you that you may weigh it at leisure, and determine upon it. I know you do not like to be hurried, and therefore the more time for reflection the better. His friend and companion, young Adam, is coming up soon, but is going to Westminster school, which is a place that I find some objections to.
"I hope Mrs. Home is perfectly recovered. I am glad to hear such good news of Jock. I had a letter from Davie last week, which gave me pleasure. I am, dear brother, yours sincerely."[404:1]