LORD ERSKINE.

Among the great men and accomplished orators who, during Pitt’s long

and arduous tenure of office, strove energetically to curb his will,

humble his pride, and exalt his celebrated rival, none was more

conspicuous for ability and eloquence than the immortal Erskine, though

it was not in a senatorial capacity that he displayed, to their full

extent, those vast powers, or achieved the oratorical triumphs which

added lustre to an ancestral name, and formed a reputation so splendid.

Thomas Erskine, unquestionably one of the most brilliant, courageous,

and irresistible advocates who ever appeared at the English, or indeed

at any, bar, was born on the 10th of January, 1750, in the ancient

and historic city of Edinburgh. He was the third son of the Earl of

Buchan, a Scottish nobleman of long and illustrious descent, but in

circumstances so reduced and different from those enjoyed by the

race for many centuries, that his yearly income was less than is now

obtained, with ease, by not a few banker’s clerks. Some small portion

of the family estate still remained, and on it an old castellated

residence, probably in as ruinous a condition as the famous Wolf’s

Crag, and, therefore, uninhabited by its proprietor. Had the Caledonian

thane been a single man, and unblessed by connubial ties, he might have

run a career similar to that of the great novelist’s proud, haughty,

and restless hero, “the last Lord of Ravenswood.” But he had prudently

married the daughter of a Lothian baronet, who speedily brought him

several children: so he passed his life in chill poverty, and died in

the odor of sanctity while at Bath, seeking consolation in the eloquent

preaching of Whitefield, which was said to make sinners tremble as if a

lion were roaring among them.

Although it is likely that this exemplary earl was a justice of the

peace, and rather more than probable that there were lawsuits in

the family, it does not appear that, previous to the chancellor’s

birth, the repose of the noble countess was disturbed or agitated by

such dreams as heralded the Spectator’s introduction into existence.

However, that patrician matron was held in esteem as a woman of pious

character and aspirations. She took pains to bring up her sons in the

way they should go, and instruct them in the rudiments of education.

She grounded them thoroughly in the Presbyterian catechism, and so

imbued their young minds with the spirit of religion that Erskine, in

after life, was in the habit of devoutly ascribing each piece of good

fortune to a special interposition of an over-ruling Providence.

At an early age he was placed at the High School of the Scottish

metropolis, then the most approved seminary north of the Tweed; and

there he remained for several years. His natural talents shone forth;

he distinguished himself sufficiently to be generally at the top of

his class; and no doubt, also, he proved his courage and prowess in

the boyish exploits undertaken in the neighborhood, and the juvenile

warfare daily earned on in the play-ground. It was well for him to be

exposed to such an ordeal, for the path that lay before him was not

gaily strewed with roses, but thickly “beset with thorns and briers:”

so also, though in a less degree, was that of his witty, cheerful, and

able brother, Harry, afterward Lord Advocate for Scotland and Dean of

Faculty.

When Erskine had reached the age of twelve, his high-born parents

removed to St. Andrew’s, with the view of adopting a style of living

more in accordance with their narrow finances than could be pursued

by people of “note and quality” even in the Scottish capital. At St.

Andrew’s he attended the grammar-school for a while, and subsequently

took advantage of some classes in the college of the old town; though

it appears that his opportunities of profiting by that ancient

institution were extremely limited. Nevertheless, his talent appeared;

he manifested a strong love of books, and he derived from those

within his reach a considerable amount of miscellaneous information,

which opened up his mind and fired his ambition. Bright dreams of

future eminence began to illumine his young heart, and, feeling the

urgent and paramount necessity of doing something for his support and

advancement in life, he expressed a decided preference for the learned

professions, and a desire to have his time and energies employed in the

pursuit of one of them.

The requisite means, however, were wanting to gratify his inclination

in this respect; and his parents were compelled to state, that the best

thing they could do to promote his interest was to have him placed

in some man-of-war as a midshipman. The prospect of donning a blue

jacket and cocked hat, and of the consequent adventures――generally so

pleasing to the juvenile imagination――was by no means so fascinating

to the clever, studious, and intellectual young “honorable” as might

have been expected; but, after some ineffectual efforts to make matters

more to his liking, he felt himself bound to endure what he regarded as

a hard fate, and was accordingly embarked about the completion of his

fourteenth year. Doubtless the usual parting-scene was enacted with all

due formality. Gil Blas is made to state that, when he left home, his

parents made him a present of their blessing, which was all that he had

ventured to expect, for the very competent reason that they had nothing

else to bestow; and, no doubt, Erskine was similarly favored. Perhaps,

also, the noble earl would gravely admonish the young sailor not to

trifle or hurt himself with his sword; his mother would give him a last

embrace; and his sisters would, with tears, give evidence of their

grief.

The next few years of Erskine’s life were passed on board ship,

where, however uncongenial the service, he gave all due attention

to discipline, and besides found time for improving his mind and

increasing his stores of knowledge. When ashore, he made a point of

seeing something of life in the various places where he happened to be;

and those who recollect his fine and beautiful passage about the Indian

chief, in his speech for Stockdale, will hardly question the use he

at this period made of his rare faculties. Having probably drawn his

ideas of naval life from the interesting descriptions in the pages of

“Roderick Random,” it is not wonderful that he found his situation more

tolerable than he had been led to anticipate. He particularly enjoyed

himself while stationed at Jamaica, relished its picturesque scenery,

and experienced the delightful novelty of dancing at dignity balls with

quadroon damsels, who chattered in broken English, exhibited grinning

rows of ivory teeth, and whose white dresses contrasted strangely with

their colored skins and their dark rolling eyes, which gave evidence

rather of their African than their European descent.

Though unfortunately, as it then seemed, engaged in pursuits for which

he had no real vocation, the aspiring Scot struggled manfully onward

in his profession. Nor did he fail in after life to make judges and

juries aware that he had profited largely by his naval experience,

when engaged in cases connected with marine affairs, as he frequently

was from his knowledge of technical phrases and other matters. Meantime

he, at length, had the comfort of being appointed acting-lieutenant in

the “Tartar,” and of making a voyage homeward in that capacity; but on

arrival in England, finding that the ship was to be paid off, and that

he would, from this circumstance, be reduced to his original rank, he

desperately resolved to tempt the seas no more.

About this period his father’s earthly existence terminated; and

Erskine, who appeared as one of the mourners, was much impressed with

the solemnity of the funeral obsequies. Having abandoned all thoughts

of a naval career, he turned his thoughts to a military life, and

had sufficient influence to obtain an ensign’s commission in the 1st

Regiment of Foot, with which he straightway went to Minorca. His

commission had cost all the money he possessed, and an application for

a small allowance had been refused by his eldest brother, the eccentric

Earl of Buchan, who afterward, on this ground, boasted that the future

chancellor owed every thing to him. Yet, under these inauspicious

circumstances, he contracted a romantic marriage with a young lady of

respectable parentage, which luckily proved more propitious than is

usual with unions formed under circumstances so forbidding.

While stationed in Minorca, though there appeared little prospect

indeed of his acquirements ever being turned to account, he devoted

himself with remarkable assiduity to the cultivation of his mind, by a

profound and earnest attention to the English classics. In this way,

by long and deep study, he became most familiar with the works of

Shakspeare and Milton; so that, with a very slight knowledge of Latin

authors, and almost none of Greek, he――a native of the north――rendered

himself a consummate master of the English tongue. His tastes were

thoroughly intellectual, and he even indulged them by officiating as

temporary chaplain to the regiment; to which he not only read prayers,

but preached two sermons from the drumhead, with no small measure of

success.

On returning to England, Erskine obtained six months’ leave of absence,

part of which he spent in London. While there he had the advantage

of meeting, conversing with, and encountering in discussion, no less

eminent a person than Dr. Johnson, attended by his faithful dog and

biographer. This was at the house of Sir Alexander Macdonald; and the

“young officer in the regimentals of the Scots Royals,” attracted much

attention by the fluency, precision, and vivacity of his discourse. At

the same date Erskine appeared to advantage as the author of a pamphlet

on the abuses of the British army, which had an extensive circulation,

and procured him some fame. Soon after this he was promoted to a

lieutenancy, and for some time longer endured the disagreeable process

of marching with the regiment from one place to another. His family

and his dissatisfaction gradually increasing, a gloomy cloud seemed

to hang over his existence; and there was ever before him the dismal

prospect of his life proving a long series of imaginings never to be

realized, and of aspirations never to be gratified.

Under such circumstances, while he was quartered in a provincial town,

a great thought was born within him. One day, to drive away care,

dispel annoyance, and perhaps to gratify a rational curiosity, he

strolled into the assize court, where the great Lord Mansfield was

presiding, with his wonted serene and impenetrable dignity. Perhaps

birds of Erskine’s feather were rarely seen in such haunts. At all

events, his regimentals quickly attracted the eye of the veteran judge,

who, struck, no doubt, by the peculiarly elegant and aristocratic

appearance of the singularly intelligent-looking officer, even

condescended to inquire who he was. On being informed that he was a

younger son of the late Earl of Buchan, and very much in the same

position in which the noble, learned, and influential Chief Justice

might have found himself, but for the good fortune which had early led

him to fatten and flourish in the pastures of the South, the latter

kindly accommodated the lieutenant of foot with a place beside him on

the bench, and courteously explained the case that was being tried.

Thus seated by a man who had raised himself, by his genius, from the

oatmeal porridge and aristocratic poverty of Scone Palace to wealth

and an illustrious position, it struck the aspiring and discontented

subaltern that here was a sphere in which his intellect might be

exercised with advantage and renown. He therefore availed himself of

his distinguished countryman’s politeness, which took the shape of an

invitation to dinner, to state the hardship of his lot, and explain his

views. So truly great a man as Lord Mansfield would hardly, at such a

moment, forget his own early trials and struggles. In any case, his

young acquaintance was rewarded with some slight encouragement, and the

sage advice to consult his friends. Erskine’s surviving parent readily

approved of the plan; and, between jest and earnest, she said he must

be Lord Chancellor. Accordingly, having formed his plans, he was

admitted as a student of law at Lincoln’s Inn, and, at the same time,

entered himself as a fellow-commoner of Trinity College, Cambridge,

where in spite of narrow means, his wit and talent soon brought him

into notice. The sale of his military commission produced him a

serviceable sum of money; and, divesting himself of scarlet uniform,

he proceeded to accomplish himself in the composition of English. An

amusing specimen of his skill in versifying is a parody of Gray’s

“Bard,” which gained him some applause. It was produced on the occasion

of his being detained from dinner at the College hall by the tardiness

of his hair-dresser, and begins with this not very complimentary

stanza:

“Ruin seize thee, scoundrel Coe!

Confusion on thy frizzing wait!

Hadst thou the only comb below,

Thou never more should’st touch my pate.

Club, nor queue, nor twisted tail,

Nor e’en thy chatt’ring, barber, shall avail,

To save thy horse-whipped back from daily fears,

From Cantab’s curse, from Cantab’s tears!”

Having taken the honorary degree of A.M. in 1778, the future

defender of Lord George Gordon was called to the bar in the same

year. When settled in London, he practiced his oratorical powers at

debating-clubs, and pursued his legal studies in the chambers of a

special pleader; yet it does not appear that his knowledge of the

law was ever very profound, notwithstanding his possessing, in some

measure, a legal intellect. His domestic arrangements were on the most

economical principle; there is even a tradition to the effect that his

honorable spouse was under the necessity of acting as washerwoman for

their family. His fare was of the humblest description; his dress was

remarkable only for its shabbiness; he frequently found it no easy

matter to provide the necessaries of life for the passing day; and he

was heard thanking God that, out of his own family, he did not know a

lord. It appears that his acquaintance with attorneys was still more

limited in extent. Being complimented on his health and spirits, he

answered sportively that he ought to look well, having nothing else to

do, as had been remarked of somebody’s trees.

But a man with the blood of a long line of earls in his veins, and with

the consciousness of already having given proof of superior endowments,

was not likely, while enduring galling poverty, to be wanting in

aspirations after fame, or to lose an opportunity of winning a name and

bettering his circumstances. Erskine felt within him both the stirrings

of ambition and the capacity to do and dare with success, if an

occasion were presented. His affairs were probably at the worst, when

accident threw Captain Baillie in his way.

That brave and gallant officer had, as Lieutenant-governor of Greenwich

Hospital, written and published a statement of abuses existing in the

establishment, reflecting with particular acerbity on Lord Sandwich,

first lord of the Admiralty. For this pamphlet Baillie was forthwith

suspended by the Board, and a prosecution commenced against him by some

of the less important individuals, whom he had assailed in pursuance

of what he regarded as the performance of his duty. While the case was

in prospect of being tried, Erskine happened to meet the redoubted

captain at a dinner-party, and, without being aware of his presence,

expatiated on the subject of the prosecution with so much warmth and

animation, that though they were not introduced on that occasion, the

ex-lieutenant-governor declared that the briefless barrister should

be one of his counsel; but as there were to be four seniors, the

latter naturally despaired of receiving any attention. However, at a

consultation, when the others were inclined to consent to a favorable

compromise, Erskine respectfully dissented, and advised them to stand

the hazard of a trial; whereupon the captain swore a round oath, and

cried, as he caught the future occupier of “the marble chair” in his

strong arms, “You are the man for me!” When the case came on, the

seniors were heard at great length on behalf of Captain Baillie;

and the last of them, Mr. Hargrave, being in some way indisposed,

was obliged to retire several times during his lengthened argument,

and thus so protracted the proceedings, that on his concluding Lord

Mansfield said that the remaining counsel should be heard next morning.

This was precisely what Erskine desired, and indeed appeared almost

providential, as it afforded him time to arrange during the night

the heads of what he was to say. Besides, he had the advantage of

addressing the court with refreshed energies and revived faculties.

When the judges took their places next morning, he rose from the back

row, and delivered a speech of such marvelous ability, that it has

since been regarded by sagacious critics as the most brilliant forensic

display ever witnessed under similar circumstances. As he left the

hall attorneys flocked around to congratulate him on his extraordinary

triumph, and from that memorable day business flowed in upon him.

Being asked how he could so boldly face a venerable judge like Lord

Mansfield――the very type and figure of justice――his feeling reply was,

that he fancied his children were tugging at his gown, and saying, “Now

is the time to get us bread!”

Erskine was next selected, on account of his naval intelligence, to

draw up the defense to be spoken by Admiral Keppel, on his trial.

This he did with much success; and the admiral, on being acquitted,

presented him with bank-notes to the amount of a thousand pounds,

which he flourished in triumph before his friends, exclaiming, with

the almost boyish and mirthful fancy, ever freely indulged in private,

“_Voilà_ the nonsuit of cow-beef!”

The skill, dexterity, and eloquence, together with the complete

devotion to the interests of his client, which he displayed in the

conduct of cases, led to an extensive and lucrative practice; and in

1781 he was retained as counsel for the silly but then enthusiastically

Protestant Lord George Gordon, whom he defended with brilliant power

and signal success. In 1783, though having then been only five years at

the bar, and delivered for a still briefer space from the horrors of

“cow-beef” and threadbare garments, it was thought advisable to confer

on him a patent of precedency. This gave him the privilege of donning a

silk gown and sitting within the bar. It was likewise deemed prudent to

have him brought into Parliament, and he was returned to the House of

Commons as member for Portsmouth, to try his skill as a debater among

the giants who then ruled the Legislature. The result was by no means

gratifying to his numerous friends and admirers, who really seem to

have entertained the unreasonable expectation that he was to trample

Pitt in the dust as easily and proudly as he had done the nameless

creatures of Lord Sandwich. In fact, his acquaintance with political

matters was limited, from the keen and earnest attention which he had

given to his professional pursuits; and his new position was so utterly

different from that to which he had been accustomed, as to render him

somewhat like a fish out of the water. In Westminster Hall, his ardor,

his enthusiasm, the sparkle of his piercing glance, the grace and

nobleness of his figure, the freedom and celerity of his movements,

the clearness and flexibility of his voice, the surpassing beauty

of his diction, the correct taste with which he conceived and the

singular felicity with which he executed most difficult flights, and

his figures of speech characterized by a boldness which unexceptional

success alone could redeem from the charge of temerity, had fascinated

juries, startled dignified sages of the law out of their propriety, and

commanded the admiration of experienced advocates. But in the House of

Commons his ardent spirit was chilled, his enthusiastic temperament

damped, and his eloquent tongue made to falter by the scornful stare,

the contemptuous indifference, and the cold sarcasm of the dread son of

Chatham.

[Illustration: ERSKINE’S FIRST SUCCESSES.]

Meantime his fame at the bar ascended rapidly. His powerful memory,

wakeful vigilance, and knowledge of those with whom he had to deal,

enabled him to conduct cases with wonderful skill. He defended the Dean

of Asaph in a speech of much merit and high courage; and in 1786 was

appointed Attorney-general to the Prince of Wales, an office of which

he was deprived for appearing, with dauntless determination, on behalf

of the notorious Thomas Paine, author of “the Rights of Man,” in spite

of the threatening frowns of royal power and the suggestive warnings of

northern craft.

Though bold and conscientious above all others in the performance of

his duty, Erskine had good reason to say to his admirers, “Gentlemen,

I am but a man.” He had, indeed, a considerable amount of vanity in

his nature, and even in his best days liked well, after the case had

been called, to keep a crowded and impatient audience waiting in court

for a few minutes till he should make his appearance with something

like stage effect. When he entered, to conduct some most important

case on which, perhaps, he believed “the last and best gift of God to

his creatures” depended, it was a little too apparent to intelligent

spectators that his new yellow gloves and carefully-dressed wig were

recognized by him as essential parts of the solemn proceedings. But if

he did too assiduously cultivate popular favor he can not be justly

accused of having shrunk from fear of court proscription, even when his

fortunes hung trembling in the balance.

The period of the state trials was that of Erskine’s greatest triumph

and highest popularity. His grave, sturdy, and sensible-looking

antagonist, on that occasion, was Sir John Scott, afterward Lord Eldon,

who had worthily risen to distinction by “living like a hermit and

working like a horse.” He was then attorney-general, and his duty, as

public prosecutor, could hardly have been very agreeable. Indeed, he

seemed at times to have been in no small danger from the excitement of

the mob, who daily bestowed upon Erskine frenzied applause. After the

acquittal of Hardy, the ringleaders insisted upon taking the horses out

of the brilliant counsel’s carriage, that they might draw him to his

house in triumph. Years after, when he was relating this circumstance

in presence of Lord Eldon, that distinguished personage managed to turn

the laugh against his old opponent by adding, with quiet humor, “Yes,

and I believe you never saw more of them.”

In 1802 Erskine visited Paris, and was presented to the Emperor

Napoleon, then First Consul, who, however, only honored him with the

single question, “_Êtes vous légiste?_” On returning home, he was

restored to his office of Attorney-general to the Prince of Wales, who

revived in his favor the dormant functions of Chancellor to the Duchy

of Cornwall.

On the death of Pitt, Lord Grenville, who had previously left the

party of his illustrious relative and former colleague, formed, in

conjunction with Fox and Addington, the ministry of “All the Talents.”

Erskine was nominated to the woolsack, and being advanced to the

peerage became Lord Chancellor; thus fulfilling his mother’s jocular

prediction. He resigned, with his political friends, in 1807, and

shortly after made his celebrated speech in the House of Lords against

the Jesuit’s Bark Bill; but henceforth he ceased to play a prominent or

influential part in public affairs. In 1815 the Prince Regent bestowed

on him the Order of the Thistle. He is reported to have regretted that,

from having been Lord Chancellor, he was prevented from pleading at

the bar, where had been won his crown of fame; and to have remarked

frequently to his friends, that the only reason he had for accepting

the great seal and a peerage at the time, was to place the maternal

prophecy beyond all hazard of breaking down. However, he consoled

himself for the loss of his position in the forum by reciprocating

compliments with his friend Dr. Parr. When the great scholar once

promised to write the ex-chancellor’s epitaph, Erskine replied, “Such

an intention on your part is almost enough to make one commit suicide.”

Dr. Johnson said that every man has a lurking wish to appear

considerable in his native place, and no doubt Erskine was actuated

by this natural feeling; yet it was somewhat late in life before he

turned his steps toward the land of his fathers. There, however,

his reception was so flattering that he conceived a strong desire to

revisit it in 1823. He insisted upon going by sea, as being an old and

experienced sailor, and was so unfavorably affected by the voyage that

he never recovered the shock.

He expired at Almondale, near Edinburgh, on the 17th of November, 1823,

and was buried, in accordance with the fashions and customs of the

country, in the family vault at Uphall, in West Lothian.

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