What could be such a tyrant’s means of overawing a jury? As long as their country exists, they are girt round with impenetrable armor. Till the destruction of their country, no danger can fall upon them for the performance of their duty, and I do trust that there is no Englishman so unworthy of life as to desire to outlive England. But if any of us are condemned to the cruel punishment of surviving our country—if, in the inscrutable counsels of Providence, this favored seat of justice and liberty, this noblest work of human wisdom and virtue, be destined to destruction, which I shall not be charged with national prejudice for saying would be the most dangerous wound ever inflicted on civilization; at least let us carry with us into our sad exile the consolation that we ourselves have not violated the rights of hospitality to exiles—that we have not torn from the altar the suppliant who claimed protection as the voluntary victim of loyalty and conscience!
Gentlemen, I now leave this unfortunate gentleman in your hands. His character and his situation might interest your humanity; but, on his behalf, I only ask justice from you. I only ask a favorable construction of what can not be said to be more than ambiguous language, and this you will soon be told, from the highest authority, is a part of justice.
Notwithstanding the great impression made by his speech, the charge of Lord Ellenborough made it necessary that the jury should render a verdict of guilty. In his instructions his Lordship said that under the law of England “any publication which tended to degrade, revile, and defame persons in considerable situations of power and dignity, in foreign countries, may be taken and treated as a libel, and particularly where it has a tendency to interrupt the pacific relations of the two countries.”
The jury found Peltier guilty; but as war was almost immediately declared, he was not brought up for sentence, but was set free.
LORD ERSKINE.
“As an advocate in the forum, I hold him to be without an equal in ancient or modern times.” This is the judgment of the author of “The Lives of the Lord Chancellors,” in regard to Thomas, Lord Erskine. But for the modern student, Erskine was not merely the most powerful advocate that ever appealed to a court or a jury, but what is more important, he was, in a very definite sense, so closely identified with the establishment of certain great principles that lie at the foundation of modern social life, that a knowledge, at least, of some of his speeches is of no little importance. The rights of juries, the liberty of the press, and the law of treason were discussed by him not only with a depth of learning and a power of reasoning which were absolutely conclusive, but at the same time with a warmth and a brilliancy of genius which throw a peculiar charm over the whole of the subjects presented.
Thomas Erskine was the youngest son of the Earl of Buchan, the representative of an old Scotch house, whose ample fortune had wasted away until the family was reduced to actual poverty. Just before the birth of the future Lord Chancellor, the Earl of Buchan abandoned his ancient seat, and with wife and children took up his abode in an upper flat of a lofty house in the old town of Edinburgh. Here Erskine was born on the 10th of January, 1750. The poverty of the family made it impossible for him to acquire the early education he craved. Some years at the schools in Edinburgh, and a few months in the University of St. Andrews, completed his academic days. He gained a very superficial knowledge of Latin, and, if we may believe Lord Campbell, “little of Greek beyond the alphabet.” In the rudiments of English literature, however, he was well instructed; and he seems, even while at the university, to have acquired something of that freedom and nobleness of manner which so much distinguished him in after-life.
The condition of the family, however, made it impossible for him to complete the course of studies at the University; and accordingly, at fourteen, he was placed as a midshipman in the navy. Here he remained four years, during which time he visited different parts of the globe, including the Indies and the English colonies in North America. At the end of his term he determined, like the elder Pitt, to enter the army; and, taking the whole of his small patrimony for the purpose, he bought an ensign’s commission in the Royals or First Regiment of Foot. Here he remained from the time he was eighteen till he was twenty-five. At twenty he was married to a lady of respectability, though without fortune. But this step, which, with most persons, would have been the sure precursor of poverty and obscurity, turned out in the case of Erskine to be a means of inspiration and assistance. His mind was balanced, and his vivacity was reduced to earnestness. As the regiment was in garrison, he had abundant leisure, and he applied himself in the society of his wife to the systematic study of the masterpieces of English literature. The best parts of Milton and Shakespeare he acquired such mastery of that he continued to know them by heart throughout life. It is evident that his attainments were beginning to attract attention; for, in April of 1772, Boswell speaks of him as dining with Johnson, and characterizes him as “a young officer in the regimentals of the Scotch Royals, who talked with a vivacity, fluency, and precision which attracted particular attention.”
It was not until two years after this time that we find Erskine interested in the proceedings of the courts. He subsequently declared that, while a witness of judicial proceedings, it often occurred to him in the course of the argument on both sides how much more clearly and forcibly he could have presented the points and urged them on the minds of the jury. It was this consciousness that led him one day, while dining with Lord Mansfield, to ask: “Is it impossible for me to become a lawyer?” The answer of the Lord Chancellor did not utterly discourage him; and he became a student of Lincoln’s Inn at the age of twenty-five. In order to abridge his term of study, he determined to take a degree at one of the universities, as, being a nobleman’s son, he was entitled to do on examination and without residence. In fulfilment of this design, he became a member of Trinity College, at Cambridge, in 1776, while he was prosecuting his legal studies in London, and still holding his commission in the army as a means of support. In July of 1778, when in his twenty-ninth year, he was called to the bar.
A singular combination of circumstances almost immediately brought him forward into great prominence. He had been retained as junior counsel with four eminent advocates for the defence of one Captain Bailie, who had disclosed certain important corruptions of the government officials in charge of Greenwich Hospital. Bailie was prosecuted for libel, and the influence of the government was so great, that the four older counsellors advised him to accept of a compromise by withdrawing the charges and paying the costs. From this opinion Erskine alone dissented. Bailie accepted the advice of the young advocate with enthusiasm, and thus threw upon him the chief responsibility of conducting the cause. The result was one of the most extraordinary triumphs in the history of forensic advocacy. Erskine’s power revealed itself, not only in the remarkable learning and skill which he showed in the general management of the cause, but in the clearness with which he stated the difficult points at issue, and the overpowering eloquence with which he urged his positions on the court and the jury. It was his first cause. He entered Westminster Hall in extreme poverty; before he left it he had received thirty retainers from attorneys who had been present at the trial. Demand for his services continued rapidly to increase, till within a few years his income from his profession amounted to 12,000 pounds a year.