Edinburgh Under Sir Walter Scott

by W. T. Fyfe

In speaking of Scottish politics in 1792—it was in 1792, November, that Scott and Clerk began their regular attendance at the Parliament House—it is desirable to repeat that Scott is not to be regarded as ever having been in any circumstances a politician. It is absurd even to mention his name among the crowd of Tory juniors seeking to push their way to preferment by party services and loud-mouthed partisan zeal. This crowd, of which Lord Cockburn speaks, 'produced several most excellent men and very respectable lawyers, but not one person, except Walter Scott, who rose to distinction in literature.' Scott was in no sense a 'product' of so ignoble a school. There is perhaps nothing in creation so utterly mean and odious as the person who deliberately engineers his course to legal office by excessive partisanship. Meanness and narrowness of mind must be born in the creature who does it. Who would expect literary distinction from such? If there be any instances on record—and there is most unfortunately that of Francis Bacon—of genius united with such a career, they are distinguished by their singularity, and operate as exceptions. Walter Scott was one of the junior bar, but he was never one of these political aspirants. His conscience, not the main chance, was the ruling principle with him. Party was a small thing to Scott: not the be-all and the end-all of existence as it was to many others of his contemporaries. It was natural for Cockburn and the Whigs, who were struggling for existence against very real oppression and injustice, to exaggerate to themselves the importance of the whole wretched business.

'They took the rustic murmur of their bourg

For the great wave that circles round the world.'

Scott's good sense and utter lack of conceit preserved him from falling into their mistake. Like most other men of culture and honour, both then and now, he frankly took a side in politics rather than be always posing as an independent and as if he were the only conscientious man in a neighbourhood. Historical sentiment, the glamour of romance and the tradition of great names, made him prefer the Tory side. That was all. But he retained his independence complete and unsullied. Whenever at any time he took an active part in militant politics, it was not to curry favour and gain the spoils, but because his whole heart and soul were with the cause.

Scott certainly started life with the idea of making his career in the law. Work gradually came to him. Friendly solicitors were pleased to put certain kinds of business in the young man's hands, chiefly at first, as was natural, for his father's sake. 'By and by,' says Clerk, 'he crept into a tolerable share of such business as may be expected from a Writer's connexion.' That is, of course, from his father's connection, and the business would consist of long written informations and other papers for the Court, on which young counsellors of the Scottish Bar were expected to bestow a great deal of trouble for very scanty pecuniary remuneration, and with scarcely any chance of displaying their ability or making a name. Another part of every young advocate's work, even less important in fees or in fame, was that of acting for pauper litigants, as Alan Fairford did in the famous case of Poor Peter Peebles. In the note Scott says that he himself had at one time the honour to be counsel for the actual Peter.

On the whole, Scott in these early days had probably plenty of leisure time on his hands. He spent some of it at all events among the 'unemployed' of the Bar. They were in the habit of congregating at a particular spot at the north end of the Outer House, which, according to Lockhart, was called by a name which easily recalls the date—the Mountain. From Cockburn's account it would appear that the loungers of the Mountain were all Whigs, separated into a sect of their own and all branded with the same mark. As he mentions among them Thomas Thomson, who we know was at this time one of Scott's most intimate daily associates, we must infer that the separation was not quite absolute. The following story of Clerk's shows that he also was one of the group. One morning finding them all convulsed with laughter, he complained that Duns Scotus had been forestalling him in a good story which he had told him privately the day before—adding, moreover, that his friend had not only stolen it, but disguised it. 'Why,' answered Scott, skilfully waiving the main charge, 'this is always the way with the Baronet. He is continually saying that I change his stories, whereas in fact I only put a cocked hat on their heads, and stick a cane into their hands—to make them fit for going into company.' About Christmas of this eventful year, Scott, Clerk, Thomson, and William Erskine (afterwards Lord Kinedder) joined a German class; and all the four soon qualified themselves to read Schiller and Goethe. Erskine was a Tory: Scott's other young advocate friends were by descent and connection Whigs. From the time of the German class Erskine and Scott drew closer together, and Erskine became by and by, as we learn from Lockhart, 'the nearest and most confidential' of all Scott's Edinburgh associates. We also know that, though politics never shook the mutual regard of the others, 'the events and controversies of the immediately ensuing years could not but disturb, more or less, the social habits of young barristers who adopted opposite views on the French Revolution and the policy of Pitt. His friendship exercised an influence which Lockhart rates very high, on Scott's literary tastes. Along with a sincere love of the classics, Erskine had cherished from boyhood a strong passion for Old English literature, especially the Elizabethan dramatists. He sympathised with, and understood the real value of, Scott's taste for antiquity and national lore. He delighted in the bold and picturesque style, the strength and originality, of the native English school, but he warned Scott of the necessity of paying some deference to modern taste. In short, he knew how to "sift and sunder," and understood that the absurdities and extravagances of great works form no part of their greatness, though they are exactly the parts most likely to be selected for imitation.' Lockhart, in pointing out that Scott was mainly influenced in his first literary attempts by the founders of German drama and romance, states the opinion that he ran at first no trivial risk of adopting some of their extravagances both of idea and expression. Erskine's vigorous condemnation of the mingled absurdities and vulgarities of German detail, coming from one who so enthusiastically admired their great qualities, and who approved of their new departure in choosing romantic subjects, had no doubt full weight in guiding the judgment of so sane and sound a genius as Scott.

The seniors of the Bar about this time were, on the Government or Tory side, Robert Blair, Charles Hope, and Robert Dundas. Of Blair it has been said by Cockburn that he was a species of man not very common in Scotland: he might have said in any country, if his own description is correct. 'He had a fine manly countenance, a gentleman-like, portly figure, a slow dignified gait, and a general air of thought and power. Too solid for ingenuity, and too plain for fancy, soundness of understanding was his peculiar intellectual quality. Within his range nobody doubted, or could doubt, Blair's wisdom. Nor did it ever occur to any one to doubt his probity. He was all honesty. The sudden opening of the whole secrets of his heart would not have disclosed a single speck of dishonour. And all his affections, personal and domestic, were excellent and steady.'

If not indolent, Blair seems to have been strongly averse to letting himself be bothered with mean details or drudgery. He maintained, as few can do, a noble independence of small and mean interests. But with his great love of rest, repose, and ease he combined a fiery and excitable disposition. The combination is said to be rare. It is always noble.

Blair is a splendid example of this truth. He was absolutely indifferent to preferment. Lord Melville says that George III. used to speak of him as 'the man who would not go up.' Literally as well as morally he kept his own way. There was a line, it is said, in the Outer House, which was kept clear for him whenever he was present. Even his official superiors, and the judges themselves, stood in awe of him. He was, by preference and practice, a silent man. He was one who could play a long game with a dozen people, and yet not speak. In politics he was a loyal party man, but as void of malignity as he was free from self-seeking. He was one of the few who 'have greatness thrust upon them,' having been made Lord President of the Court of Session a few years before his death. His memory is still revered as that of the greatest of Scottish judges. His character and the marvellous clearness of his judicial 'opinions' made him the pride of Edinburgh during his all too short reign, which closed in 1811. His death was very sudden, and affected the whole population like the unexpected loss of a dear personal friend. Lord Cockburn has described the scene: 'It overwhelmed us all. Party made no division about Blair. All pleasure and all business were suspended. I saw Hermand that night. He despised Blair's abstinence from the pollution of small politics. He did not know that he could love a man who neither cared for claret nor for whist; but, at near seventy years of age, he was crying like a child. Next day the Court was silent, and adjourned. The Faculty of Advocates, hastily called together, resolved to attend him to his grave. Henry Erskine tried to say something, and because he could only try it, it was as good a speech as he ever made.' From his grave in Greyfriars Churchyard to the edge of the Castlehill, the vast concourse of spectators stood silent and uncovered when the sod was laid.

CHAPTER XXIII

Seniors (continued)—Charles Hope—His Voice—Tribute by Cockburn—Robert Dundas, Nephew of Henry, Lord Melville—His Manner and Moderation—Anecdote of Lords Blair and Melville—Lord Melville's Son—Scott's Project of Emigration.