Charles Hope may be considered one of the very best representatives of his profession. He had an extensive practice as an advocate, and afterwards filled successively, with great distinction, the offices of Lord Advocate, Lord Justice-Clerk, and Lord President. But his great forte was public speaking. For this his qualifications were great: a tall figure, commanding presence, natural manner, great command of language, and a magnificent voice, which Cockburn describes as 'surpassed by that of the great Mrs. Siddons alone, which, drawn direct from heaven and worthy to be heard there, was the noblest that ever struck the human ear.'
Few men, surely, have ever received or deserved such an encomium from a political opponent as Cockburn has left us of Lord President Hope:—'It is a pleasure to me to think of him. He was my first—I might almost say my only, professional patron, and used to take me with him on his circuits; and in spite of my obstinate and active Whiggery has been kind to me through life. When his son, who was Solicitor-General in 1830, lost that office by the elevation of the Reform Ministry, and I succeeded him, his father shook me warmly by the hand, and said, "Well, Harry, I wish you joy. Since my son was to lose it, I am glad that your father's son has got it." It was always so with him. Less enlightened than confident in his public opinions, his feelings towards his adversaries, even when ardently denouncing their principles, were liberalised by the native humanity and fairness of his dispositions.'
Perhaps the most interesting public character in Scotland at the beginning of the nineteenth century was Robert Dundas of Arniston. He was the son of a Lord President Dundas, whose father had also occupied that high position. His uncle was Henry Dundas, Lord Melville, the famous friend of Pitt. The uncle, it is supposed, greatly influenced the policy of the nephew, whose power in Scotland was for a time almost unlimited. At all events, in a position almost certain to provoke jealousy and enmity on all hands, he was able to maintain a character for moderation and fairness even in the cases of political prosecution which his office of Lord Advocate required him to conduct. In those troublous times the powers given to the Lord Advocate were extravagant and arbitrary. Dundas seems to have been a man of moderate abilities and ordinary acquirements, but Cockburn's lively picture sufficiently explains his remarkable success in his trying and difficult duties. 'He had two qualifications which suited his position, and made him not only the best Lord Advocate that his party could have supplied, but really a most excellent one. These consisted in his manner, and in his moderation. He was a little, alert, handsome, gentleman-like man, with a countenance and air beaming with sprightliness and gaiety, and dignified by considerable fire; altogether inexpressibly pleasing. It was impossible not to like the owner of that look. No one could contemplate his animated and elegant briskness, or his lively benignity, without feeling that these were the reflections of an ardent and amiable heart. His want of intellectual depth and force seemed to make people like him the better. And his manner was worthy of his appearance. It was kind, polite, and gay; and if the fire did happen to break out, it was but a passing flash, and left nothing painful after it was gone.'
Dundas had his town residence at No. 57 George Square. His uncle, Lord Melville, had come here on the 26th of May 1811, with the intention of attending the funeral of Lord Blair next day. He retired to rest apparently in his usual health, but was found next morning dead in bed. Thus, strange to say, the two friends, who had both been alive and active a week before, were lying dead with but a wall between them, for Blair's house was No. 56, next door to that of Dundas. A strange incident is related by Lord Cockburn, which he says he was inclined to regard as true: viz., that a letter written by Lord Melville was found on his table, or in a writing-case after his death, in which he drew a moving picture of his feelings at the funeral of Lord Blair. Little had he imagined that he himself would be dead before that funeral took place. The letter was addressed to a member of the government, with a view to obtain some public provision for Blair's family. 'Such things,' adds Lord Cockburn, 'are always awkward when detected; especially when done by a skilful politician. Nevertheless an honest and a true man might do this. It is easy to anticipate one's feelings at a friend's burial; and putting the description into the form of having returned from it is mere rhetoric.'
Scott enjoyed the personal friendship of Viscount Melville, and still more of the younger members of the Dundas family. Robert Dundas was Lord Advocate at the time of Scott's appointment to the sheriffship of Selkirk. Another Robert Dundas, Lord Melville's son, had been one of Scott's admirers in the story-telling days of the High School, and their intimacy continued later on. In fact Arniston and Melville supplied Walter Scott with quite a troop of warm friends. An anecdote which connects Lord Melville and Scott may be given here, though it belongs to the end of the next decade (1810). Great changes had at that time been proposed in the Scottish law and judicature. They did not commend themselves to Scott's judgment. In fact, he wrote a remarkable essay in the Edinburgh Annual Register against the rash attempt at a general innovation. He was at the same time uneasy in regard to the affairs of his Ballantyne publishing business, and fretting a little at the drudgery of his clerkship, which as yet yielded him no income. It was a crisis very like that in the life of Burns when he proposed to emigrate to Jamaica. Scott indeed seriously entertained the idea of going to India, as is clear from his letter to his brother Thomas in November 1810. 'I have no objection to tell you in confidence, that, were Dundas to go out Governor-General to India, and were he willing to take me with him in a good situation, I would not hesitate to pitch the Court of Session and the booksellers to the Devil, and try my fortune in another climate. But this is strictly entre nous.' Dundas, it seems, had on several occasions been spoken of as likely to be appointed Governor-General of India, and he had hinted at taking Scott with him. Fortunately the opportunity never occurred, the genius was not driven into exile, and the Court of Session and the booksellers obtained a temporary reprieve.
CHAPTER XXIV
Henry Erskine—His Ability and Wit—Tributes to his Character—Dismissal as Dean of Faculty—John Clerk—Reputation at the Bar—His Private Tastes—Art and Literature—Odd Habits—Anecdotes of Clerk and his Father.
The Hon. Henry Erskine, the acknowledged leader of the Scottish Bar, and one of the ablest and wittiest of men, was a son of the fifth Earl of Buchan, who died in 1767, and was succeeded in the title by his eldest son David. A younger brother of Henry's was equally illustrious at the English Bar as the undaunted defender first of Captain Baillie, who was indicted for libel at the instigation of Lord Sandwich in 1778: next in 1792 of Tom Paine, 'victorious needleman,' indicted for publishing the Rights of Man: and then in 1794 of Hardy, Horne Tooke, and Thelwall, accused of high treason. This was Thomas Erskine, who became Lord Chancellor of England and was raised to the peerage as Baron Erskine of Restormel in 1806. All the brothers were strongly attached to the Whig party. Under the coalition government of North and Fox in 1783 Henry Erskine was for a short time Lord Advocate, an office which he held again in 1806. His fame was spread throughout Scotland as the constant and disinterested defender of the helpless in distress.
'And all the oppress'd who wanted strength
Had his at their command.'
Like his brother, he was absolutely fearless in the exposure of wrong, and his name became the terror of every high-handed 'petty tyrant' in the land. It is said that a poor man in a remote part of the country, who was threatened with the law by his landlord for the purpose of compelling him to submit to some injustice, at once turned upon him with bold indignation and said, 'Ye dinna ken what ye're sayin', maister; there's no a man in a' Scotland need want a friend or fear an enemy sae lang as Harry Erskine is to the fore.' In his Life of Jeffrey Lord Cockburn says of Erskine: 'His name can no sooner be mentioned than it suggests ideas of wit, with which, in many memories, the recollection of him is chiefly associated. A tall and rather slender figure, a face sparkling with vivacity, a clear sweet voice, and a general suffusion of elegance, gave him a striking and pleasing appearance.... He was the only one of the marked Edinburgh Whigs who was not received coldly in the private society of their opponents. Nothing was so sour as not to be sweetened by the glance, the voice, the gaiety, the beauty, of Henry Erskine.' Scott speaks of him in the same affectionate strain—'Henry Erskine was the best-natured man I ever knew: thoroughly a gentleman, and with but one fault—he could not say No. His wit was of the very kindest, best-humoured, and gayest sort that ever cheered society.' It is a matter for deep regret that the public career of so rare and eminent a man should have been dependent upon the ups and downs of politics. Even the post of Dean of the Faculty of Advocates, to which he had been elected for eight years in succession, was taken from him in 1796. He had presided at a public meeting to protest against the war with France. Such a defiance could not at such a time be overlooked, and the more powerful party employed their large majority to displace him. But even this was done without malevolence: the motion for dismissal—moved by Charles Hope—in no way disturbed the personal friendship between the two men.