Nor let it be forgotten that the system on which Jeffrey established relations between his writers and publishers has been of the highest value as a precedent in such matters, and has protected the independence and dignity of a later race of reviewers. He would never receive an unpaid-for contribution. He declined to make it the interest of the proprietors to prefer a certain class of contributors. The payment was ten guineas a sheet at first, and rose gradually to double that sum, with increase on special occasions; and even when rank or other circumstances made remuneration a matter of perfect indifference, Jeffrey insisted that it should nevertheless be received. The Czar Peter, when working in the trenches, he was wont to say, received pay as a common soldier. Another principle which he rigidly carried out, was that of a thorough independence of publishing interests. The Edinburgh Review was never made in any manner tributary to particular bookselling schemes. It assailed or supported with equal vehemence or heartiness the productions of Albemarle-street and Paternoster-row. "I never asked such a thing of him but once," said the late Mr. Constable, describing an attempt to obtain a favorable notice from his obdurate editor, "and I assure you the result was no encouragement to repeat such petitions." The book was Scott's edition of Swift; and the result one of the bitterest attacks on the popularity of Swift, in one of Jeffrey's most masterly criticisms.
He was the better able thus to carry his point, because against more potent influences he had already taken a decisive stand. It was not till six years after the Review was started that Scott remonstrated with Jeffrey on the virulence of its party politics. But much earlier even than this, the principal proprietors had made the same complaint; had pushed their objections to the contemplation of Jeffrey's surrender of the editorship; and had opened negotiations with writers known to be bitterly opposed to him. To his honor, Southey declined these overtures, and advised a compromise of the dispute. Some of the leading Whigs themselves were discontented, and Horner had appealed to him from the library of Holland House. Nevertheless, Jeffrey stood firm. He carried the day against Paternoster-row, and unassailably established the all-important principle of a perfect independence of his publishers' control. He stood as resolute against his friend Scott; protesting that on one leg, and the weakest, the Review could not and should not stand, for that its right leg he knew to be politics. To Horner he replied, by carrying the war into the Holland House country with inimitable spirit and cogency. "Do, for Heaven's sake, let your Whigs do something popular and effective this session. Don't you see the nation is now divided into two, and only two parties; and that between these stand the Whigs, utterly inefficient, and incapable of ever becoming efficient, if they will still maintain themselves at an equal distance from both. You must lay aside a great part of your aristocratic feelings, and side with the most respectable and sane of the democrats."
The vigorous wisdom of the advice was amply proved by subsequent events, and its courage nobody will doubt who knows any thing of what Scotland was at the time. In office, if not in intellect, the Tories were supreme. A single one of the Dundases named the sixteen Scots peers, and forty-three of the Scots commoners; nor was it an impossible farce, that the sheriff of a county should be the only freeholder present at the election of a member to represent it in Parliament, should as freeholder vote himself chairman, should as chairman receive the oaths and the writ for himself as sheriff, should as chairman and sheriff sign them, should propose himself as candidate, declare himself elected, dictate and sign the minutes of election, make the necessary indenture between the various parties represented solely by himself, transmit it to the Crown-office, and take his seat by the same night's mail to vote with Mr. Addington! We must recollect such things, when we would really understand the services of such men as Jeffrey. We must remember the evil and injustice he so strenuously labored to remove, and the cost at which his labor was given. We must bear in mind that he had to face day by day, in the exercise of his profession, the very men most interested in the abuses actively assailed, and keenly resolved, as far as possible, to disturb and discredit their assailant. "Oh, Mr. Smith," said Lord Stowell to Sydney, "you would have been a much richer man if you had come over to us!" This was in effect the sort of thing said to Jeffrey daily in the Court of Session, and disregarded with generous scorn. What it is to an advocate to be on the deaf side of "the ear of the Court," none but an advocate can know; and this, with Jeffrey, was the twenty-five years' penalty imposed upon him for desiring to see the Catholics emancipated, the consciences of dissenters relieved, the barbarism of jurisprudence mitigated, and the trade in human souls abolished.
The Scotch Tories died hard. Worsted in fair fight they resorted to foul; and among the publications avowedly established for personal slander of their adversaries, a pre-eminence so infamous was obtained by the Beacon, that it disgraced the cause irretrievably. Against this malignant libeler Jeffrey rose in the Court of Session again and again, and the result of its last prosecution showed the power of the party represented by it thoroughly broken. The successful advocate, at length triumphant even in that Court over the memory of his talents and virtues elsewhere, had now forced himself into the front rank of his profession; and they who listened to his advocacy found it even more marvelous than his criticism, for power, versatility, and variety. Such rapidity yet precision of thought, such volubility yet clearness of utterance, left all competitors behind. Hardly any subject could be so indifferent or uninviting, that this teeming and fertile intellect did not surround it with a thousand graces of allusion, illustration, and fanciful expression. He might have suggested Butler's hero,
"—who could not ope
His mouth but out there flew a trope,"
with the difference that each trope flew to its proper mark, each fancy found its place in the dazzling profusion, and he could at all times, with a charming and instinctive ease, put the nicest restraints and checks on his glowing velocity of declamation. A worthy Glasgow baillie, smarting under an adverse verdict obtained by these facilities of speech, could find nothing so bitter to advance against the speaker as a calculation made with the help of Johnson's Dictionary, to the effect that Mr. Jeffrey, in the course of a few hours, had spoken the whole English language twice over!
But the Glasgow baillie made little impression on his fellow citizens; and from Glasgow came the first public tribute to Jeffrey's now achieved position, and legal as well as literary fame. He was elected Lord Rector of the University in 1821 and 1822. Some seven or eight years previously he had married the accomplished lady who survives him, a grand-niece of the celebrated Wilkes; and had purchased the lease of the villa near Edinburgh which he occupied to the time of his death, and whose romantic woods and grounds will long be associated with his name. At each step of his career a new distinction now awaited him, and with every new occasion his unflagging energies seemed to rise and expand. He never wrote with such masterly success for his Review as when his whole time appeared to be occupied with criminal prosecutions, with contested elections, with journeyings from place to place, with examinings and cross-examinings, with speeches, addresses, exhortations, denunciations. In all conditions and on all occasions, a very atmosphere of activity was around him. Even as he sat, apparently still, waiting to address a jury or amaze a witness, it made a slow man nervous to look at him. Such a flush of energy vibrated through that delicate frame, such rapid and never ceasing thought played on those thin lips, such restless flashes of light broke from those kindling eyes. You continued to look at him, till his very silence acted as a spell; and it ceased to be difficult to associate with his small but well-knit figure even the giant-like labors and exertions of this part of his astonishing career.
At length, in 1829, he was elected Dean of the Faculty of Advocates; and thinking it unbecoming that the official head of a great law corporation should continue the editing of a party organ, he surrendered the management of the Edinburgh Review. In the year following, he took office with the Whigs as Lord Advocate, and replaced Sir James Scarlett in Lord Fitzwilliam's borough of Malton. In the next memorable year he contested his native city against a Dundas; not succeeding in his election, but dealing the last heavy blow to his opponent's sinking dynasty. Subsequently he took his seat as Member for Perth, introduced and carried the Scotch Reform bill, and in the December of 1832 was declared member for Edinburgh. He had some great sorrows at this time to check and alloy his triumphs. Probably no man had gone through a life of eager conflict and active antagonism with a heart so sensitive to the gentler emotions, and the deaths of Mackintosh and Scott affected him deeply. He had had occasion, during the illness of the latter, to allude to him in the House of Commons; and he did this with so much beauty and delicacy, with such manly admiration of the genius and modest deference to the opinions of his great Tory friend, that Sir Robert Peel made a journey across the floor of the house to thank him cordially for it.
The House of Commons nevertheless was not his natural element, and when, in 1834, a vacancy in the Court of Session invited him to his due promotion, he gladly accepted the dignified and honorable office so nobly earned by his labors and services. He was in his sixty-second year at the time of his appointment, and he continued for nearly sixteen years the chief ornament of the Court in which he sat. In former days the judgment-seats in Scotland had not been unused to the graces of literature; but in Jeffrey these were combined with an acute and profound knowledge of law less usual in that connection; and also with such a charm of demeanor, such a play of fancy and wit sobered to the kindliest courtesies, such clear sagacity, perfect freedom from bias, consideration for all differences of opinion; and integrity, independence, and broad comprehensiveness of view in maintaining his own; that there has never been but one feeling as to his judicial career. Universal veneration and respect attended it. The speculative studies of his youth had done much to soften all the asperities of his varied and vigorous life, and now, at its close, they gave to his judgments a large reflectiveness of tone, a moral beauty of feeling, and a philosophy of charity and good taste, which have left to his successors in that Court of Session no nobler models for imitation and example. Impatience of dullness would break from him, now and then; and the still busy activity of his mind might be seen as he rose often suddenly from his seat, and paced up and down before it; but in his charges or decisions nothing of this feeling was perceptible, except that lightness and grace of expression in which his youth seemed to linger to the last, and a quick sensibility to emotion and enjoyment which half concealed the ravages of time.
If such was the public estimation of this great and amiable man, to the very termination of his useful life, what language should describe the charm of his influence in his private and domestic circle? The affectionate pride with which every citizen of Edinburgh regarded him rose here to a kind of idolatry. For here the whole man was known—his kind heart, his open hand, his genial talk, his ready sympathy, his generous encouragement and assistance to all that needed it. The first passion of his life was its last, and never was the love of literature so bright within him as at the brink of the grave. What dims and deadens the impressibility of most men, had rendered his not only more acute and fresh, but more tributary to calm satisfaction, and pure enjoyment. He did not live merely in the past as age is wont to do, but drew delight from every present manifestation of worth, or genius, from whatever quarter it addressed him. His vivid pleasure where his interest was awakened, his alacrity and eagerness of appreciation, the fervor of his encouragement and praise, have animated the hopes and relieved the toil alike of the successful and the unsuccessful, who can not hope, through whatever checkered future may await them, to find a more, generous critic, a more profound adviser, a more indulgent friend.