But an actual leader of banditti has been just arrested, whose exploits

in plunder have formed the romance of Germany for a considerable period.

The confusion produced by the French war, and the general disturbance of

the countries on both sides of the Rhine, have at once awakened the

spirit of license, and given it impunity. A dashing fellow named

Schinderhannes, not more than three-and-twenty years of age, but loving

the luxuries of life too well to do without them, and disliking the

labour required for their possession, commenced a general system of

plunder down the Rhine. He easily organized a band, composed, I believe,

of deserters from the French and Austrian troops, who preferred

wholesale robbery to being shot in either service at the rate of

threepence a-day; and for a while nothing could be more prosperous than

their proceedings. Their leader, with all his daring, was politic,

professing himself the friend of the poor, standing on the best terms

with the peasantry, scattering his money in all directions with the

lavishness of a prince, and professing to make war only on the nobility,

the rich clergy, and the Jew merchants especially--the German Jews being

always supposed by the people to be the grand depositories of the

national wealth. But this favouritism among the peasantry was of the

highest service to his enterprizes. It gave him information, it rescued

him from difficulties, and it recruited his troop, which was said to

amount to several hundreds, and to be in the highest state of

discipline. After laying the country under contribution from Mayence to

Coblentz, he crossed the river into Franconia, and commenced a period of

enterprize there. But no man's luck lasts for ever. It was his habit to

acquire information for himself by travelling about in various

disguises. One day, in entering one of the little Franconian towns in

the habit of a pedlar, and driving a cart with wares before him, he was

recognized by one of the passers-by, whose sagacity was probably

sharpened by having been plundered by him. An investigation followed,

in which the disguised pedlar declared himself an Austrian subject, and

an Austrian soldier. In consequence, he was ordered to the Austrian

depot at Frankfort, where he met another recognition still more

formidable. A comrade with whom he had probably quarrelled; for this

part of the story is not yet clear, denounced him to the police; and, to

the astonishment of the honest Frankforters, it was announced that the

robber king, the bandit hero, was in their hands. As his exploits had

been chiefly performed on the left bank of the Rhine, and his revenues

had been raised out of French property in the manner of a forced loan,

the Republic, conceiving him to be an interloper on their monopoly,

immediately demanded him from the German authorities. In the old

war-loving times, the Frankforters would probably have blown the trumpet

and insisted on their privilege of acting as his jailers, but experience

had given them wisdom, they swallowed their wrath, and the robber king

was given up to the robber Republic. If Schinderhannes had been in the

service of France, he would have been doing for the last ten years, on

its account, exactly what he had been doing on his own. But unluckily

for himself, he robbed in the name of Schinderhannes, and not in the

name of liberty and equality; and now, instead of having his name

shouted by all France, inserted in triumphant bulletins, and ranked with

the Bonapartes and Caesars, he will be called a thief, stripped of his

last rixdollar, and hanged.

* * * * *

An extraordinary instance of mortality has just occurred, which has

favoured the conversation of the clubs, and thrown the west end into

condolence and confusion for the last twenty-four hours. Colonel

O'Kelly's famous parrot is dead. The stories told of this surprising

bird have long stretched public credulity to its utmost extent. But if

even the half of what is told be true, it exhibited the most singular

sagacity. Not having seen it myself, I can only give the general report.

But, beyond all question, it has been the wonder of London for years,

and however willing John Bull may be to be deluded, there is no instance

of his being deluded long. This bird's chief faculty was singing, seldom

a parrot faculty, but its ear was so perfect, that it acquired tunes

with great rapidity, and retained them with such remarkable exactness,

that if, by accident, it made a mistake in the melody, it corrected

itself, and tried over the tune until its recollection was completely

recovered. It also spoke well, and would hold a kind of dialogue almost

approaching to rationality. So great was its reputation that the colonel

was offered L500 a-year by persons who intended to make an exhibition of

it; but he was afraid that his favourite would be put to too hard work,

and he refused the offer, which was frequently renewed. The creature

must have been old, for it had been bought thirty years before by the

colonel's uncle, and even then it must have had a high reputation, for

it was bought at the price of 100 guineas. Three remarkable bequests had

been made by that uncle to the colonel,--the estate of Canons, the

parrot, and the horse Eclipse, the most powerful racer ever known in

England; so superior to every other horse of his day, that his

superiority at length became useless, as no bets would be laid against

him. In the spirit of vague curiosity, this parrot was opened by two

surgeons, as if to discover the secret of his cleverness; but nothing

was seen, except that the muscles of the throat were peculiarly strong;

nothing to account for its death was discovered.

* * * * *

Andreossi, the French ambassador, has arrived. He is a rude and rough

specimen even of the Republican, but a man of intelligence, an engineer,

and distinguished for his publications. Still the bone of contention is

Malta, and the difficulty seems greater than ever. The French consul

insists on its abandonment by England, as an article of the treaty of

Amiens; but the answer of England is perfectly intelligible,--You have

not adhered to that treaty in any instance whatever, but have gone on

annexing Italian provinces to France. You have just now made a vassal

of Switzerland, and to all our remonstrances on the subject you have

answered with utter scorn. While you violate your stipulations, how can

you expect that we shall perform ours? But another obstruction to the

surrender of Malta has been produced by the conduct of France herself.

She has seized the entire property of the Order in France, in Piedmont,

and wherever she can seize it. Spain, probably by her suggestion, has

followed her example, and the Order now is reduced to pauperism; in

fact, it no longer exists. Thus it is impossible to restore the island

to the Order of St John of Jerusalem; and to give it up at once to

France, would be to throw away an important security for the due

performance of the treaty. Government are so determined on this view of

the case, that orders have been sent to Malta for all officers on leave

to join their regiments immediately.

Malta is one of the remarkable instances in which we may trace a kind of

penalty on the rapaciousness of the Republic. While it remained in the

possession of the Order, it had observed a kind of neutrality, which was

especially serviceable to France, as the island was a refuge for its

ships, and a depot for its commerce, in common with that of England. But

Bonaparte, in his Egyptian expedition, finding the opportunity

favourable, from the weakness of the knights, and the defenceless state

of the works, landed his troops, and took possession of it without

ceremony. No act could be more atrocious as a breach of faith, for the

knights were in alliance with France, and were wholly unprepared for

hostilities. The place was now in full possession of the treacherous

ally. Contributions were raised; the churches were plundered of their

plate and ornaments; the knights were expelled, and a French garrison

took possession of the island. What was the result? Malta was instantly

blockaded by the British, the garrison was reduced by famine, and Malta

became an English possession; which it never would have been, if the

knights had remained there; for England, in her respect for the faith of

treaties, would not have disturbed their independence. Thus, the

Republic, by iniquitously grasping at Malta, in fact threw it into the

hands of England. It is scarcely less remarkable, that the plunder of

Malta was also totally lost, it being placed on board the admiral's

ship, which was blown up at the battle of the Nile.

* * * * *

One of the first acts of the French consul has been to conciliate the

Italian priesthood by an act which they regard as equivalent to a

conversion to Christianity. The image of our Lady of Loretto, in the

French invasion of Italy, had been carried off from Rome; of course, the

sorrows of the true believers were unbounded. The image was certainly

not intended to decorate the gallery of the Louvre, for it was as black

as a negro; and, from the time of its capture, it had unfortunately lost

all its old power of working miracles. But it has at length been

restored to its former abode, and myriads of the pious followed the

procession. Discharges of cannon and ringing of bells welcomed its

approach. It was carried by eight bishops, in a species of triumphal

palanquin, splendidly decorated, and placed on its altar in the Santa

Casa with all imaginable pomps and ceremonies. The whole town was

illuminated in the evening, and the country was in a state of exultation

at what it regards as an evidence of the immediate favor of heaven.

* * * * *

A singular and melancholy trial has just taken place, in which a colonel

in the army, with several of the soldiery and others, have been found

guilty of a conspiracy to overthrow the government, and kill the king on

the day of his opening Parliament. The 16th of November 1802, had been

the day appointed for this desperate deed; but information having been

obtained of the design through a confederate, the whole party of

conspirators were seized on that day by the police at a house in

Lambeth, where they arrested Despard and his fellow traitors. On the

floor of the room three printed papers were found, containing their

proclamation.

They were headed, "_Constitution_, the independence of Great Britain and

Ireland, an equalization of civil and religious rights, an ample

provision for the wives of the heroes who shall fall in the conquest, a

liberal reward for distinguished merits; these are the objects for which

we contend, and to obtain these objects we swear to be united in the

awful presence of Almighty God." Then follows the oath: "I, A.B., do

voluntarily declare that I will endeavour to the utmost of my power to

obtain the objects of this union, viz. to recover those rights which the

Supreme Being, in his infinite bounty, has given to all men; that

neither hopes, fears, rewards, nor punishments, shall ever induce me to

give any information, directly or indirectly, concerning the business,

or of any member of this or any similar society, so help me God."

One of the witnesses, a private in the Guards, gave evidence that the

object of the conspiracy was to overturn the present system of

government; to unite in companies, and to get arms. They subscribed, and

the object of the subscription was, to pay delegates to go into the

country, and to defray the expense of printing their papers. All persons

belonging to the subscription were to be divided into ten companies,

each consisting of ten, with an eleventh who was called captain. The

next order was, that the oldest captain of five companies took the

command of those fifty men, and was to be called colonel of the

subdivision. Every means was to be adopted to get as many recruits as

possible. There was to be no regular organization in London, for fear of

attracting the eye of government. But the system was to be urged

vigorously in the great manufacturing towns; the insurrection was to

commence by an attack on the House of Parliament; and the king was to be

put to death either on his way to the House, or in the House. The

mail-coaches were then to be stopt, as a signal to their adherents in

the country that the insurrection had triumphed in the metropolis. An

assault was then to be made on the Tower, and the arms seized. At

subsequent meetings, the question of the royal seizure was more than

once discussed; and Despard had declared it to be essential to the

success of the plot, that no effect could be produced unless the whole

royal family were secured. The first plan for the seizure of the king

was to shoot his carriage horses, then force him out of the carriage,

and carry him off. A second plan was then proposed, viz. that of loading

the Egyptian gun in St James's Park with chain shot, and firing it at

the royal carriage as it passed along.

Lord Nelson and General Sir Alured Clarke were brought as evidence to

character. Lord Nelson said, that he and Colonel Despard had served

together on the Spanish Main in 1799, and that he was then a loyal man

and a brave officer. Lord Ellenborough strongly charged the jury. He

declared that there was no question of law, and that the whole case

resolved itself into a question of fact. The jury, after retiring for

half an hour, brought in a verdict of guilty.

In a few days after, Despard, with six of his accomplices, were executed

in front of the new jail in the Borough. The men were chiefly soldiers

whom this wretched criminal had bribed or bewildered into the commission

of treason. Despard made a speech on the scaffold, declaring himself

innocent, and that he was put to death simply for being a friend to

truth, liberty, and justice. How he could have made this declaration

after the evidence that had been given, is wholly unintelligible except

on the ground of insanity, though of that there was no symptom, except

in the design itself. What prompted the design except narrow

circumstances, bad habits, and the temptations of a revengeful spirit,

was never discovered.

* * * * *

A trial, which exhibited extraordinary talent in the defence, by a

counsel hitherto unknown, has attracted an interest still more general,

though of a less melancholy order. Peltier, an emigrant, and supposed to

be an agent of the French emigrant body, had commenced a periodical

work, entitled _L'Ambigu_; the chief object of which was to attack the

policy, person, and conduct of the First Consul of France. His assaults

were so pointed, that they were complained of by the French government

as libels; and the answer returned was, that the only means which the

ministry possessed of punishing such offences, was by the verdict of a

jury. The Attorney-general, in opening the case, described the paper. On

its frontispiece, was a sphinx with a crown upon its head, the features

closely resembling those of Bonaparte. A portion of the paper was

devoted to a parody of the harangue of Lepidus against Sylla. It asks

the French people, "Why they have fought against Austria, Prussia,

Italy, England, Germany, and Russia, if it be not to preserve our

liberty and our property, and that we might obey none but the laws

alone. And now, this tiger, who dares to call himself the Founder, or

the Regenerator of France, enjoys the fruit of your labours as spoil

taken from the enemy. This man, sole master in the midst of those who

surround him, has ordained lists of proscription, and put in execution

banishment without sentence, by which there are punishments for the

French who have not yet seen the light. Proscribed families, giving

birth out of France to children, oppressed before they are born. In

another part, the paper urged to immediate action. It says, "Citizens,

you must march, you must oppose what is passing, if you desire that he

should not seize upon all that you have. There must be no delays, no

useless wishes; reckon only upon yourselves, unless you indeed have the

stupidity to suppose that he will abdicate through shame of tyranny that

which he holds by force of crime." In another part, he assails the First

Consul on the nature of his precautions to secure his power. He charges

him with the formation of a troop of Mamelukes, composed of Greeks,

Maltese, Arabians, and Copts, "a collection of foreign banditti, whose

name and dress, recalling the mad and disastrous Egyptian expedition,

should cover him with shame; but who, not speaking our language, nor

having any point of contact with our army, will always be the satellites

of the tyrant, his mutes, his cut-throats, and his hangmen. The laws,

the justice, the finances, the administration; in fine, the liberty and

life of the citizens, are all in the power of one man. You see at every

moment arbitrary arrests, judges punished for having acquitted citizens,

individuals put to death after having been already acquitted by law,

sentences and sentences of death extorted from judges by threats.

Remains there for men, who would deserve that name, any thing else to

do, but to avenge their wrongs, or perish with glory?"

Another portion of this paper contained an ode, in which all things were

represented as in a state of convulsion, all shaken by a tremendous

storm; but nature, either blind or cruel, sparing the head of the tyrant

alone:--still carrying on the parody of the Roman speech, it pronounces

that a poniard is the last resource of Rome to rescue herself from a

dictator. It asks, is it from a Corsican that a Frenchman must receive

his chains? was it to crown a traitor that France had punished her

kings? In another, a libel, which traced the rise of Bonaparte, and

charged him with the intention of assuming imperial power, concluded in

these words:--"Carried on the shield, let him be elected emperor;

finally, (and Romulus recalls the thing to mind,) I wish that on the

morrow he may have his 'apotheosis.'" This the Attorney-general

certainly, with every appearance of reason, pronounced to be a palpable

suggestion to put the First Consul to death; as history tells us that

Romulus was assassinated.

The defence by Mackintosh was a bold and eloquent performance. He

commenced by a spirited animadversion on the Attorney's speech, and then

extended his subject into a general defence of the liberty of the press,

which he pronounced to be the true object of attack on the part of the

First Consul. He followed the history of its suppression through all the

states under French influence, and then came to the attempt at its

suppression here. He then invoked the jury to regard themselves as the

protectors of the freedom of speech on earth, and to rescue his client

from the severity of an oppression which threatened the universal

slavery of mankind.

This speech has been strongly criticised as one in which the advocate

defended himself and his party, while he neglected his client. But the

obvious truth is, that unless the suggestion of assassination is

defensible, there could be no defence, and unless the laws of nations

justify the most violent charges on the character of foreign sovereigns,

there could be no justification for the language of the whole paper.

Mackintosh evidently took the best course for his cause. He made out of

bad materials a showy speech; he turned the public eye from the guilt of

the libel to the popular value of the press; where others would have

given a dull pleading, he gave a stately romance; where the jury, in

feebler hands, would have been suffered to see the facts in their savage

nudity, he exhibited them clothed in classic draperies, and dazzled the

eye with the lofty features and heroic attitudes of ancient love of

country. All the skill of man could not have saved Peltier from a

verdict of guilty; but the genius of the orator invested his sentence

with something of the glory of martyrdom. The breaking out of the war

relieved Peltier from the consequences of the verdict. But there can be

no question that, if he had been thrown into prison, he would have been

an object of the general sympathy; that the liberty of the press would

have been regarded as in some degree involved in his sufferings; that he

would have found public liberality willing to alleviate his personal and

pecuniary difficulties; and that his punishment would have been

shortened, and his fine paid by the zeal of the national sympathy. Such

are the triumphs of eloquence. Such is the value of having a man of

genius for an advocate. Such is the importance to the man of genius

himself, of resolving to exert his highest powers for his client.

Mackintosh has been called an indolent man; and he has been hitherto but

little known. But he has at last discovered his own faculties, and he

has only to keep them in action to achieve the highest successes of the

bar; to fill the place of Erskine; and if no man can make Erskine

forgotten, at least make him unregretted. This speech also has taught

another lesson, and that lesson is, that the bar can be the theatre of

the highest rank of eloquence, and that all which is regarded as the

limit of forensic excellence, is a gratuitous degradation of its own

dignity. The sharp retort, the sly innuendo, the dexterous hint, the

hard, keen subtlety, the rough common sense, all valuable in their

degree, and all profitable to their possessor, are only of an inferior

grade. Let the true orator come forth, and the spruce pleader is

instantly flung into the background. Let the appeal of a powerful mind

be made to the jury, and all the small address, and practical skill, and

sly ingenuity, are dropped behind. The passion of the true orator

communicates its passion; his natural richness of conception fills the

spirit of his hearers; his power of producing new thoughts and giving

new shapes to acknowledged truths; his whole magnificence of mind

erecting and developing new views of human action as it moves along,

lead the feelings of men in a willing fascination until the charm is

complete. But after such a man, let the mere advocate stand up, and how

feebly does his voice fall on the ear, how dry are his facts, how

tedious his tricks, how lacklustre, empty, and vain are his contrivances

to produce conviction!

Mackintosh wants one grand quality for the jury,--he speaks like one who

thinks more of his argument than of his audience; he forgets the faces

before him, and is evidently poring over the images within. Though with

a visage of the colour, and seemingly of the texture of granite, he

blushes at a misplaced word, and is evidently sensitive to the error of

a comma. No man ever spoke with effect who cannot hesitate without being

overwhelmed, blunder without a blush, or be bewildered by his own

impetuosity, without turning back to retrace. _En avant_ is the precept

for the orator, as much as it is the principle of the soldier.

Mackintosh has to learn these things; but he has a full mind, a classic

tongue, and a subtle imagination, and these constitute the one thing

needful for the orator, comprehend all, and complete all.

* * * * *

The late Lord Orford, the relative of the well-known Horace Walpole, is

one of the curious evidences that every man who takes it into his head

to be conspicuous, right or wrong, may make for himself a name. Lord

Orford, while his relative was writing all kinds of brilliant things,

collecting antiquities, worshipping the genius of cracked china, and

bowing down before fardingales and topknots of the time of Francis I.,

in the Temple of Strawberry Hill, was forming a niche for his fame in

his dog-kennel, and immortalizing himself by the help of his hounds.

Next to Actaeon, he was the greatest dog-fancier that the world has ever

seen, and would have rivalled Endymion, if Diana was to be won by the

fleetest of quadrupeds. He was boundless in his profusion in respect of

his favourite animals, until at last, finding that his ideas of

perfection could not be realized by any living greyhounds, he speculated

on the race unborn, and crossed his dogs until, after seven summers, he

brought them to unrivalled excellence. He had at various times fifty

brace of greyhounds, quartering them over every part of his county

Norfolk, of which he was lord-lieutenant, probably for the sake of

trying the effect of air and locality.

One of his lordship's conceptions was, that of training animals to

purposes that nature never designed them for; and, if lions had been

accessible in this country, he would probably have put a snaffle into

the mouth of the forest king, and have trained him for hunting, unless

his lordship had been devoured in the experiment. But his most notorious

attempt of this order, was a four-in-hand of stags. Having obtained four

red deer of strong make, he harnessed them, and by dint of the infinite

diligence which he exerted on all such occasions; was at length enabled

to drive his four antlered coursers along the high-road. But on one

unfortunate day, as he was driving to Newmarket, a pack of hounds, in

full cry after fox or hare, crossing the road, got scent of the track.

Finding more attractive metal, they left the chase, and followed the

stags in full cry. The animals now became irrestrainable, dashed along

at full speed, and carried the phaeton and his lordship in it, to his

great alarm, along the road, at the rate of thirty miles an hour.

Luckily they did not take their way across the country, or their

driver's neck must have been broken. The scene was now particularly

animating; the hounds were still heard in full cry; no power could stop

the frightened stags; his lordship exerted all his charioteering skill

in vain. Luckily, he had been in the habit of driving to Newmarket. The

stags rushed into the town, to the astonishment of every body, and

darted into the inn yard. Here the gates were shut, and scarcely too

soon, for in a minute or two after the whole dogs of the hunt came

rushing into the town, and roaring for their prey. This escape seems to

have cured his lordship of stag-driving; but his passion for coursing

grew only more active, and the bitterest day of the year, he was seen

mounted on his piebald pony, and, in his love of the sport, apparently

insensible to the severities of the weather; while the hardiest of his

followers shrank, he was always seen, without great-coat or gloves, with

his little three-cocked hat facing the storm, and evidently insensible

to every thing but the performances of his hounds.

Blackwoods Edinburgh Magazine, Volume 59, No. 366, April, 1846 · 第 14 / 21 段