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show the rare example of a lawyer having great pieces, and the country was for three months success in both Houses of Parliament, and who without a government;" but after a good was destined to contest the palm of eloquence deal of coquetting among the various parwith the Earl of Chatham, as he had done with Mr. W. Pitt. They treated the subject with ties, a new ministry was settled under the judicial accuracy and precision, showing that auspices of Lord Hardwicke, who was criminal justice could not be administered satisfac-instrumental in bringing about a coalition torily by any tribunal in the world, if there were between his old colleague the Duke of to be a public disclosure of the reasonings and ob- Newcastle and Mr. Pitt. The grand diffiservations of those who are to pronounce the ver- culty lay in the disposal of the Great Seal. dict or judgment while they are consulting together. The Duke was anxious again to have the They therefore framed two questions to be put to the members of the court-martial, all of whom powerful support of the Ex-Chancellor; but were examined at the bar while the bill was pend- the latter did not feel inclined to accept "great commoner," who ing. 1. Do you know any matter that passed office with the " previous to the sentence upon Admiral Byng, would have endeavored to retain all the which may show that sentence to have been un-power in his own hands. At last Sir Robjust? 2. Do you know any matter that passedert Henley, the Attorney-General, was put previous to the said sentence, which may show in possession of the Great Seal as Lord that sentence to have been given through any unKeeper, which title he retained until the due practice or motive?' All (including Captain Keppell, at whose request the bill had been intro- accession of George III., when he was creLord Hardwicke's duced) answered both questions in the negative. ated Lord Chancellor. Lord Hardwicke then animadverted, in a tone of letters throw some curious light upon the the highest scorn, upon the haste and heedlessness intrigues and jealousies of the candidates with which the bill had passed in the House of for office. In reference to the coalition, Commons, and on his motion it was rejected Mr. Harris quotes the following characteristic morceau from one of Lord Chester

without a division."

In a foot note to this passage Lord Camp-field's letters to his son :bell says, that

"The House of Lords, in this instance, instead of forbidding the publication of their proceedings, themselves very wisely made an order that all the proceedings on the bill, with the evidence of the witnesses, should be printed and published under the authority of the House.""-Campbell, vol. v. p. 141.

Mr. Harris discusses the question--"Was Byng's condemnation unjust ?" with considerable ability and great fairness; and comes to the following conclusion, which, after a review of all the circumstances attending the case, appears to be the just one. "On the whole, therefore, his execution must be considered as a severe, but by no means more than a strict and just course. But it may be said that this strictness, unrelaxed in some circum stances, may amount to actual injustice, as law may occasionally be so if thus construed; which is in fact acknowledged, by calling in the aid of equity to relieve and control it in certain cases. Byng's case differs, however, materially from these in one important respect, that no unforeseen, unprovided for casualty occurred as in the latter. On the contrary, certain specific acts and events were specifically provided for by a particular law. The e specific acts and events occurred. Is the law not to be carried into force, because it is then thought to be severe ? All the various and differently constituted tribunals to whom the matter was referred, coincided in carrying out the sentence prescribed.”—vol. iii. p. 122.

Mr. Pitt's first administration, as Lord Campbell expresses it, "soon crumbled to

"Domestic affairs go on just as they did; the Duke of Newcastle and Mr. Pitt jog on like man and wife, that is, seldom agreeing, often quarrelling; but by mutual interest upon the whole not parting."

The tranquillity of Lord Hardwicke's country life was for a time interrupted by the riots consequent upon the passing of the unpopular Militia Bill; yet the rioters seem to have respected the residence of the Ex-Chancellor, though some mischief was done in the neighborhood. The unexpected death of Mrs. Charles Yorke of a fever which broke out in the house, together with the severe illness of himself and Lady Hardwicke, and many members of the family, all occurring towards the autumn of the year 1789, were more serious interruptions of the domestic happiness of this united and affectionate family, which was further broken by the decease of his lordship's daughter, Lady Anson, in the following year. The chief part in public duties taken by Lord Hardwicke after his resignation of the Great Seal up to the death of George II., was in the debate on the Habeas Corpus Bill, and the trial of Dr. Henesey for treason, and that of Lord Ferrers for the murder of his steward.

On the 25th of October, 1760, died King George II., in the 77th year of his age, and the 34th of his reign. When this event

occurred Lord Hardwicke was with his fam- | many of the ridiculous reports of her stingiily at Wimpole, and received the following ness:notification of it from the Bishop of Bris


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Claremont, Oct. 25, 1750. MY LORD,-The Duke of Newcastle has this moment received the following sad billet from Kensington :

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We may judge of the malicious turn given to her domestic arrangements, however deserving of praise, by the charge against her of stealing the purse in which the great seal was kept, to make a counterpane. The truth is, that this purse, highly decorated with the royal arms and other devices, by ancient custom is annually renewed, and is the perquisite of the Lord Chancellor for the time being, if he chooses to claim it Lady Hard

"His Grace begs you to come immediately to wicke, availing herself of this custom, caused the

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Lord Campbell says, "As soon as Lord Hardwicke heard of the decease of George II., he hurried to Carlton House, where the new sovereign was to hold his first council." Now, so far from displaying any hurry in his movements, it was not until after he had received a most pressing letter from the Duke of Newcastle himself, on the following day, that Lord Hardwicke left Wimpole for the metropolis. The Duke begins this second epistle with a complaint of the Ex-Chancellor's want of consideration for his "poor friend in distress," and ardently beseeches his Lordship to come to town and dine with him the next day--the 27th.

Lord Hardwicke was received with marked favor by the young king, and though not in office, he remained in constant attendance on the sovereign as a councillor, and was honored with his Majesty's confidence on many important occasions. Many interesting particulars connected with the marriage of the king, and the preparations for the coronation of their Majesties, are given; but the attendance of Lord Hardwicke and his family at the latter ceremony was prevented by the illness and death of Lady Hardwicke at Wimpole, on the 19th of September, 1761, after the noble pair had "lived together in perfect harmony 42 years, 4 months, and 3 days," as Lord Hardwicke records in his diary. It does indeed appear from all contemporary testimony, that this union had ever been most affectionate and constant; and the private virtues and endowments of Lady Hardwicke have been mentioned by many persons who were acquainted with her. Lord Campbell well says that Lord Hardwicke's "marriage with the young widow turned out most auspiciously. They continued to old age tenderly attached to each other. She contributed not only to his happiness but to his greatness." And thus disposes of

purse, with its decorations, to be put as embroidery on a large piece of rich crimson velvet, corresponding to the height of one of the state rooms at Wimpole. These purses, just twenty in number, complete the hangings of the room, and the curtains of a bed, singularly magnificent. She therefore, in reality, only prepared a characteristic and proud heir-loom to be handed down to commemorate the founder of the family."--p. 172.

Lord Hardwicke, in letters to his sons, Lord Royston and Mr. Charles Yorke, describes the occurrences connected with Mr. Pitt's resignation of the seals in 1761, and his subsequent acceptance of the peerage for himself and a pension for his wife, an event exciting much irritation among his party. His lordship also alludes to the "lying papers" having published him for the Privy Seal; and in an extract from his Diary he mentions that on the 16th Nov., 1761, the Privy Seal was actually offered to him, but declined, and afterwards given to the Duke of Bedford.

During January, 1762, Lord Hardwicke prepared the Royal speech and the Lords' address for the opening of parliament. This speech terminated the long list of similar orations in the preparation of which he had been more or less engaged since the year 1733. Mr. Harris institutes a comparison between the speeches from the throne of those days, in which a direct meaning was conveyed as to the political measures to be proposed by the government, and the "ingenious and eloquent emanations of statesman-like wisdom with which the nation in in our day is enlightened;" the grand aim of the latter appearing to be "to avoid all meaning, and to conceal any object that may be intended."

The death of Lord Anson, Lord Hardwicke's son-in-law, occurred this year, and was severely felt by all the family. In a letter to his eldest son his lordship says, "These fatal strokes, so often repeated from year to year, fall heavy at my time of life; but I have learned to submit to Providence as becomes me. It is my lot nigra veste senescere.

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children, Lord Hardwicke almost invariably addressed them in the most familiar and affectionate style.

During the month of August in this year, Lord," and adduces as confirming the charge the Duke of Newcastle and Lord Hard- that Lord Hardwicke "preposterously wicke were invited to a council, "at which piqued himself upon his nobility." Now it the question of peace or war was to be de- happens that this very letter is among the cided, His Majesty promising to be guided Hardwicke MSS. at Wimpole, and comentirely by their advice, and offering any mences" Dear Royston." Mr. Harris gives employment they should choose for them- the whole letter, a portion only being printed selves and their friends, the treasury ex-in Lord Campbell's life. In writing to his cepted." The proposal was rejected; and Lord Hardwicke may now be considered as having finally retired from public life, although he took part in the debates on the The charge of avarice rests upon as slenpreliminaries of peace, in 1762, and on the der a foundation; and numerous letters Cider Bill in the following year; his speech from persons on whom he had conferred obin opposition to this bill being the last he ligations, pecuniary and otherwise, remain delivered in the House of Lords. Various to disprove the assertions of those who overtures were afterwards made in order to would have us believe that poor relations induce him to resume his place at the and early friends were equally forgotten or council board, even at the head of it, where neglected by the successful Chancellor. the king himself offered to place him, but Lord Chesterfield, no mean authority, tesall overtures were of no avail. In the fol- tifies to his being "a cheerful, instructive lowing October he was seized with an alarm-companion, humané in his nature, decent ing fit of illness, from which he partially in his manners, unstained by any vice recovered; but the end was at hand, and (avarice excepted) ;" yet states that though after alternate recoveries and relapses, his this was his ruling passion, "he was never lordship died on the 6th of March, 1764, in the least suspected of any kind of corin his 74th year, having survived Lady ruption." Hardwicke about three years. The summary of Mr. Harris in reference to the close of his political career, is equally applicable to the termination of his natural life.

"He had held office under the crown for an un

Mr. Harris, in his concluding chapter, satisfactorily combats the various charges brought against Lord Hardwicke; and by thus placing in juxta-position the most serious of these charges, shows how completely they neutralize each other..

interrupted period of about forty-two years, from his first appointment as Solicitor-General in the "Not a few of the accusations against him are month of March, 1720, which be filled for about so perfectly contradictory, that should they ever four years. More than eight years he had been come into each other's company, they must at once Attorney-General, for three years and a half he proceed to annihilate each other. Thus the dewas Chief Justice of England; for nearly twenty tractions of him, if so placed together, amount to years Lord High Chancellor; and during the last the following incoherent statement. He entirely six years he had assisted at council deliberations, abandoned his poor relations,—but overwhelmed though without any particular place in the cabi-them with patronage. His son, Charles, he cruelnet. He served three successive sovereigns; and ly refused to aid in his efforts in his profession,-his influence, both in the ministry and in the but unfairly pushed him forward and heaped preHouse of Lords, those who at once regretted and ferment upon him. Dr. Birch he altogether neendeavored to underrate it acknowledge to have glected, but bestowed livings upon him to a been almost paramount. He relinquished office at shameful extent. In the cabinet he had no influlast, not only voluntarily, but against the wishes ence, but usurped all authority in it. In the both of his king and his colleagues; and in the senate he had no weight,-but by his great authoface of renewed offers for his return to power, herity rendered it quite subservient to him. All his continued to prefer an honorable and peaceful early friends he deserted and turned his back upon, retirement, as more suitable at once to his years and--but filled the state offices with them as his his condition. Every ambitious hope must long creatures. He grasped all the power in the state, ago have been gratified to the utmost; and the-but di d broken-hearted because he failed in his highest aspirations of his most ardent dreams of ambitious hopes !"-p. 535. youth must, ere this, have been forgotten in the reality of their fulfilment."-p. 296.

Just before Lord Hardwicke experienced the first attack of the illness which ultimately carried him off, he wrote to his son, Lord Royston, the letter, which Lord Campbell comments upon as commencing "My dear

Such and so contradictory are the prin cipal charges brought against one of the greatest men of our country; but none of his enemies have ventured to charge him with being open to bribery in the administration of justice; from this they have all refrained.

From the Edinburgh Review.

necessary to allude to them in order to distinguish their incidents from those of the general movement which we are about to consider, and because the conduct which characterizes the one must needs operate with very great influence upon the success of the other. If the provincial states are severally disorganized, it is difficult to conceive how the supreme and central power, which is to be constituted by their joint wisdom, can make any near approach to the stipulated efficiency.

WHATEVER may be the violence of a political eruption in Paris, such a catastrophe can no longer wear the aspect of any prodigious or astounding convulsion. The world has now had repeated opportunities of observing the phenomenon; and instead of being scared at the portentous apparition, it more sensibly estimates its influence, and calculates the periodic time of its recurrence. But when the sober and philosophical minds of Germany resolve upon organic changes, it is time to look seriously forward into the character of events, which Dissatisfaction has been long felt and exmay do more to transform the face and af- pressed, at the loss experienced by the Gerfect the destinies of Europe, than a succes- man "nation" from what has been represion of half a dozen dynasties or govern-sented as its virtual dismemberment. The ments within as many months upon the Confederation of 1815 did not make a banks of the Seine. The project unhesitat- "Germany." Diversities dictated by a coningly, and now definitely proclaimed, is gress and perpetuated for the sake of dythat of constructing, or, as it is more fond- nastic interests, supplanted the nationality ly expressed, of re-constructing a Germanic conferred by identity of blood, institutions, Empire, by fusing the thirty-eight sove- and language. Prussians, Wirtemburgers, reign states between the Baltic and the and Hanoverians, divided and dissipated Adriatic, the Niemen and the Moselle, in- that national strength and dignity which to one powerful hereditary monarchy, should have been infused into a German which, by its liberal institutions and its whole; and thus a people entitled to no compact indissoluble strength, shall give to second-rate influence in the transactions of forty millions of free German people their Europe, were frittered away into a group due place in the republic of Europe. of insignificant states, combined indeed by There are two movements in the Germa- a pact recognizing a traditional unity, but nic system which should be separately ob- left utterly mutilated and incapable as reserved. Besides the perturbations produc-garded any effective exertion of their common ed by the sudden and extraordinary gravi- power. Such, we believe, to be a fair repretation of all the states towards some new sentation of those sentiments which, concentre of unity, each state has a particular and unusual motion upon its own axis. With more or less wisdom or sobriety, the several states of Germany have demanded constitutional reforms; and the agitation attending these popular manifestations has proceeded simultaneously with that general ferment to which we more especially refer. Such agitation has no doubt been promoted by the impulse which the Parisian revolution has given to all projects of popular will; but the reforms alluded to have supplied subjects of petition and argument ever since the great settlement of 1815; and a conspicuous example was last year given by Prussia of the course which events might probably have taken if unaffected by any extrinsic influence. These particular movements, however, are not those on which we shall offer remarks, though it was

veyed in language more or less vehement or vague, have been recently impelling the German States to some ideal centre; and it is to the exposition of this passion of "nationality," as well as to the discussion of some of its practical developments on the Scandinavian and Sclavonic frontiers of the Confederation, that several treatises are at present specially devoted. Some, too, are occupied with the probable destinies of the individual states under the revolutions which were foreseen; and one in particular, "Austria's Future," the work of one of the vice-presidents of the German parliament, which was written some time back, does really suggest the prodigious catastrophes of which Vienna has been the scene in a singular spirit of prophecy indeed.

In the observations which follow, none

but brief or incidental reference will be of Germany, as distinguishable from that made to the local revolutions of the par-attached to his hereditary patrimony. Anticular Germanic states to which public no- other inquiry, too, with a direct bearing tice has been recently attracted. Our at- upon mighty points now at issue, may be tention will be confined to the character applied to the operation of the elective and prospects of that gigantesque move- principle in the imperial constitution, in so ment which is to reduce Austria and Prus- far as it secured to the nation a wider sia to the provincial level of Michigan and choice of efficient leaders, or as it offered to Massachusetts, and to create a new and col-various candidates an object of fair and lelossal nation in the centre of Europe. gitimate ambition. It is only by the exMost readers will be aware that the Ger- amination of such propositions as these that manic Empire of history was dissolved in the character of the great German movethe year 1806; that this dissolution was ment can be rightly comprehended, or any precipitated by a Confederation of the materials collected for conjecturing its reRhine, which had been formed in its bo-sults. That the aspect of our disquisition som; and that finally at the territorial ar-will be somewhat uninviting we can but too rangement of Europe, which closed the readily anticipate, but such matter may be war, that Germanic Confederation, which a made perspicuous, if not entertaining; and few weeks ago, might be said to be still ex- we must once more remind the reader that isting, was substituted for the ancient con- in these dry and antiquated details is configuration of this power in the European tained the clue to that knowledge which commonwealth. It is by considering the renders the revolutions of a continent intelposition of the German nation as organized ligible. under these successive constitutions, that A few words will convey the original imwe must seek for a just comprehension of port of the imperial title, as it finally dethe designs now proposed. This is the scended to the Germanic kingdom. At the very path traced out by the projectors dismemberment of the dominions of Charlethemselves. The embryo revolution has magne, the titular supremacy was reserved been conceived almost wholly in the re- for that division of the three which includsearches and deductions of historical pro-ed the ancient seat of Roman empire. fessors, and nourished by the serious dis- To the west lay France, with limits not quisitions of learned journalists; and it is differing widely from those of the present trusted that in the features of the new crea- Republic; to the east, Germany; and, betion the genuine characteristics of past tween the two, a strip of provinces, descendgrandeur may be faithfully reproduced. ing from the North Sea, and terminating The work is termed a restoration, not a in the Italian Peninsula, at the extremity design. If, therefore, we conduct our read-of which the Upper and Lower Empires ers through some unfrequented paths of came in contact. The eastern and western history, we do but take the route to which divisions preserved their integrity under the circumstances confine us Our object will denominations of Germany and France; be to ascertain the character in which, un- but the central, or imperial, portion was der its various internal arrangements, the speedily dismembered, and the disputes for German nation has actually heretofore en- the possession of its provinces supply most tered into the system of Europe. What of those complications by which the terriwe wish to represent is the old Germanic torial history of this period is characterized. Empire, considered in its external relations. After the brief reunion of the old inheritThis is not the easiest, nor, perhaps, the ance under Charles le Gros, the same digmost attractive kind of history, but it is nity was still attached, on the second parthat which alone can furnish any serviceable tition, to the soil of Italy, though not withmaterials for the present occasion. Our out occasional pretensions on the part of task will be to discover the capacities im- the Germanic kings. After the death of plied in the time-honored title of Empire; Berenger, king of Italy and "Emperor," and the powers, for external action, of the in 229, the imperial title may be said to political society so designated; to ascertain have fallen into abeyance, as there was no the part taken in the political combinations coronation of an emperor in the west for of Europe by the "Empire" of the middle some forty years, and the three realms of ages, of Charles V., of the treaty of West-France, Germany, and Italy, were severally phalia, of Joseph II., or Francis II., and to contented with the denomination of kingdefine the power possessed by an Emperor doms. At length Otho the Great conquer

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