of Sir Henry Raeburn. Within a day or two afterwards, this amiable and excellent man was suddenly affected with a general decay and debility, not accompanied by any visible complaint. This state of illness, after continuing for about a week to baffle all the efforts of medical skill, terminated fatally on the 8th July, 1823, when he had reached the age of 67.

LORD ERSKINE.

Thomas, afterwards Lord Erskine, was the third son of the late Earl of Buchan. Of the earlier portion of his long life our information is imperfect. His first appearance in active existence was in the naval service of his country. He had in very early life acquired a strong partiality for the turbulent variety of that service; and his prejudices were gratified, while yet in extreme youth, by a subaltern appointment under Sir John Lindsay, the distinguished relative of the Earl of Mansfield. The ardour of his enterprize was, however, speedily cooled by the slender chances of advancement, and he was easily induced to quit a profession in which his fortune seemed so unfavourable. The military service next presented itself, as an employment sufficiently active for his buoyant and adventurous spirit; and he entered into the army in the year 1768, as an ensign in the Royals, or first regiment of foot. In this corps he passed about six years, three of which were spent in the island of Minorca. The vigour and originality of his genius were appreciated during his service in the army, and procured for him the favour of Dr Johnson, who has, by the pen of Mr Boswell, made a most gratifying notice of the ability of the young officer. The embarrassments

of his fortune, perhaps the consciousness of a capacity for higher pursuits, joined to the importunities of his mo ther, the Countess of Buchan, are said to have diverted his attention from the study of martial tactics, to the more peaceful and profitable, if less pleasing, occupation of the law. In compliance with the desire of this excellent parent, who is known to have been a lady of vigorous intellect and singular acquirement, did Mr Erskine, at the age of 26, commence his course of legal probation. In the year 1777, he became a student of Lincoln's Inn, and, at the same period, he entered as a Fellow Commoner of Trinity College, Cambridge, During his partial attendances at the University, his declamatory efforts were marked by the high approbation of the Principals of that distinguished seminary; and on one occasion he was adjudged to merit, though he refused to accept, the highest rewards of collegiate eminence. The versatility of his character did not suffer his attention to be exclusively directed to the cold and tedious manuals of professional instruc tion; and on more than one occasion, was evinced by poetical efforts of considerable humour and promise. His literary education had previously been completed in Scotland, by the instruction of an accomplished and es timable father, and the opportunities furnished by a long residence at the University of St Andrews. In the progress of his professional preparation, he entered into the office of Mr Buller, a special pleader of great eminence, whose ability was afterwards acknowledged by his country, in his elevation to high judicial authority. During his attendance at the chambers of this able person, his exertions were distinguished by great activity and ardour; and to it the future chancellor was indebted for that ac

quaintance with the subtleties of legal analysis, and that vigorous application of the logic of law to the prac tice of vulgar life, to which his eminence has in so great a degree been :attributed.

Mr Erskine was called to the bar in the Trinity term of 1778. He did not long languish for an occasion of professional display. The case of Captain Baillie, then under prosecution for a libel on Earl Sandwich, at that time at the head of the Admiralty, proved to the bar and to the public the singular capacity of the young pleader. During his exertions in that cause, the independence of his character, and the vigour of his sarcasm, were peculiarly distinguished. It was indeed a rare circumstance to behold a man, previously unknown or unregarded, adventuring at once the most pointed and powerful in vective against a nobleman high in the government of his country, supported not only by the experience of the public prosecutor, but not unfrequently by the actual interference of the Bench. His next effort was in the cause of the bookseller, Carnan, against the almanack monopoly bill of Lord North, at the bar of the House of Commons; and the success of his exertions can best be demonstrated by the minority in which the noble peer found himself at the division. For these opportunities of public display, Mr Erskine was indebted to no interest or recommendation; and the result of his endeavours was an immediate accession of engage ments, which at once decided his future fortunes. He certainly furnishes a most brilliant example of successful genius, unaided by patronage or party. By a singular chance, the naval experience of the aspiring pleader, afterwards contributed to procure him the high estimation of the bar,

in the trial, by court-martial, of Admiral Keppel. The very decisive and peculiar forms of that summary process, which allows to the accused neither examination of witnesses, nor formal defence, by a legal pleader, must have presented the most trying difficulties even to the vigorous intellect of Mr Erskine. The ardour of his exertions was commensurate to the magnitude of the occasion; and the success of the event is not the least honourable circumstance of his public life. The trial of Lord George Gordon, for abetting the memorable troubles of 1780, furnished the next, and perhaps the most brilliant example of Mr Erskine's ability. His reply to the evidence in that cause will always be contemplated as an astonishing display of forensic ability. It is, perhaps, the best example of legal oratory that has ever been heard within a British Court of Justice. The observations upon the evidence, it is impossible to surpass, perhaps to equal. Two years afterwards, Mr Erskine was rewarded by a silk gown -an honour the more gratifying, as having been conferred at the request of his political opponent, Chief Jus tice Mansfield. He had then stood at the bar somewhat less than five years. It is impossible to pursue the pleader through the infinite variety of causes to which his notice was afterwards directed. In those unfortunate causes which are founded on a violation of domestic attachment, his exertions were as splendid as his practice was extensive. Often have the thunders of his accusing eloquence cloven down the invaders of conjugal happiness, and retarded the march of ruffian-like licentiousness. Often, too, without becoming the apologist of vice, has he triumphantly urged the melancholy palliations of human frailty. His efforts on the trial of the

bookseller Stockdale, on an information by the Attorney-General, in consequence of a motion by Mr Fox for publishing the remarks of the Rev. John Logan, upon the articles of impeachment against Warren Hastings, were in the highest style of public eloquence. They justly secured the acquittal of the defendant. His speech on this occasion is perhaps the most laboured and elegant he at any time delivered. The defence of his client was necessarily connected with a palliation of the charges against Mr Hastings. He powerfully urged the absurdity of measuring the details of Indian legislation, by the improved practices of European society, and declared that a dominion which Heaven never gave, must be supported by means which a rigorous equity can never sanction. On this signal occasion it was that he employed that memorable example of the prosopopeia, which has so often been proclaimed to be one of the finest efforts of imaginative oratory.

In the year 1783, Mr Erskine was returned to Parliament for Portsmouth; and whatever may be the opinions of men on the principles of his political profession, one judgment only can be formed of the vigour, consistency, and independence by which they were enforced. But the highest honours of Mr Erskine were acquired by his triumphant exposition of the principles of trial by jury. He was the first, in the case of the Dean of St Asaph, to establish the momentous doctrine, that juries are judges of the law as well as of fact; and his exertions in this case laid the foundation of that bill by Mr Fox, which forms perhaps his legitimate title to the approbation of posterity. In this cause also, it was that Mr Erskine evinced the sternness of his principles by the memorable reply to Mr Jus

do

tice Buller. The Judge had instruct ed the jury to reconsider their ver dict, while the counsel demanded that it should be placed upon the record in the terms of its original finding. The Hon. Justice incensed by the opposition, commanded Mr Erskine to sit down, under pain of being compelled to do so. "My lord," replied the intrepid counsel, "I will not sit down; your lordship may your duty, but I will do mine." The Judge was silent. The same deter mined spirit was displayed in his defence of Paine, which occasioned his dismission from the office of Attor ney-General to the Prince of Wales; and in the State Trials of 1794. Not the least honourable to his character, however, were his labours on the prosecution of Paines Age of Rea son, in which the sublimity of his conception, the variety of his litera ture, and the purity of his principles, were signally evinced.

The political doctrines of Mr Erskine procured his elevation to the seals and the peerage under the last administration of Mr Fox. Since that period his public life must be suffici ently known. In late years, his lordship had, comparatively, withdrawn himself from active life; and, for some time previous to his death, which has been a cause of regret to men of all parties, his health had been in a declining condition. The character and extent of his lordship's genius, and the dignity of his political exertions, were acknowledged in his retirement, by the general esteem of his country. His lordship died in the 76th year of his age.

COUNT CARNOT.

At Magdeburgh, aged 70, Count Carnot, one of the ablest, honestest

republicans, which the Revolution of France produced. He was born on the 13th of May, 1753, and was one of the most extraordinary men of his time. A member of the Convention, one of the Committee of Public Safety, alternately war-minister, and one of the executive directory in the senate, in the war bureau, or the Tuileries, he never laid aside the plainness of republican simplicity. Under his administration, seven hundred thousand men appeared on the frontiers in arms, as republican defenders of resuscitated France; and, in the language of the eloquent Barrère, Carnot" organized victory, and rendered her permanent." He subsequently saw the feeble Directory and Republic overthrown by the ambition of an individual, backed by military force, while the cold and metaphysical Sièyes, with Barras, pandered to the power of the popular and aspiring victor. During Buonaparte's career, as first consul, and consul for life, and his subsequent assumption of the imperial dignity, Carnot remained in

retirement. He emerged from it when the tide of misfortune began to roll heavily on Napoleon and France; and he offered his services in the hour of danger. Antwerp was committed to his charge, and the ability with which he defended that important city, until after the recall of the Bourbons, is fresh in the memory of all. On the return of Napoleon from Elba, he was again appointed warminister, and accepted the title of count. The second return of the Bourbons, again brought exile and poverty on Carnot. He addressed one or two able and powerful remonstrances to Louis, on the policy then pursuing; but the advice of Carnot was rejected, and he retired, proscribed, first to Warsaw, but, on the invitation of Frederick, came to Magdeburgh, where he died. Carnot is still survived by Barrère and David, both of whom reside in the Netherlands, and in the fate of Spain behold the justification of the Committee of Public Safety.

NEW CHURCHES.

THE Third Annual Report of the Commissioners for building New Churches was presented to Parliament, and ordered to be printed, the day before the close of the session. The following is an abstract of its contents:-It commences by a brief recapitulation of the report made in the preceding year, from which it appears that in the interval between the two, ten new churches had been completed, capable of affording accommodation to 4081 persons in pews, and to 9949 poor persons in free seats. That six of these ten had been already consecrated. The report then proceeds to detail what progress had been made since the preceding year. From this and the schedules annexed, we learn that nine churches had been consecrated; that the number already built can afford accommodation to 7116 persons in pews, and to 14,399 in free seats. The number of churches or chapels, the building of which is now in progress, is 44. Of these the far greater part will be of the Gothic order; some with tower and pinnacles; some with tower and spire; and some with tower only.

There are to be a few of the Doric, Corinthian, and Ionic orders. The whole will be capable of affording ac commodation to 34,563 persons pews, and to 39,842 in free seats. The contracts for building them (in. cluding incidental expenses and commission) amounts to 498,6817. 185. 4d. or, in round numbers, to half a mil lion sterling. Specific grants have been made for four of them amount. ing to about 30,000l. Of the 44 thus in progress, it is stated that 12 will be finished in the course of the present year; 27 in the year 1824, and five in the year 1825. In addition to these, it appears that plans for churches or chapels in nine parishes have been approved of, but the works have not yet commenced. These will be capable of affording accommodation to 5542 in pews, and to 5125 in free seats. The estimated expense is 42,040l. 7s. 8d. Specific grants have been given towards the erection of three of them, to the amount of 8555l. 11s. 1d. Plans for the erection of 16 new churches or chapels were before the Board of Commis sioners, and not decided upon when the report was laid before the House.