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ERSKINE, THOMAS, lord Erskine,
was the youngest son of David Henry, tenth earl of Buchan. He was born in
the year 1750, and, after having passed through the high school classes at
Edinburgh, was sent to the university of St Andrews to finish his education.
At a very early age he had imbibed a strong predilection for a naval life;
and the limited means of his family rendering an early adoption of some
profession necessary, he was allowed to enter the service as a midshipman,
under Sir John Lindsay, nephew to the celebrated earl of Mansfield. Young
Erskine embarked at Leith, and did not put foot again on his native soil
until a few years before his death. He never, it is believed, held the
commission of lieutenant, although he acted for some time in that capacity
by the special appointment of his captain, whose kindness in this instance
ultimately led to his eleve’s abandoning the service altogether, when
required to resume the inferior station of a midshipman. After a service of
four years, he quitted the navy, and entered the army as an ensign, in the
royals, or first regiment of foot, in 1768. In 1770, he married an amiable
and accomplished woman, and shortly afterwards went with his regiment to
Minorca, where he spent three years. While in the army, he acquired great
reputation for the versatility and acuteness of his conversational powers.
Boswell, who met with the young officer in a mixed company in London,
mentions the pleasure which Dr Johnson condescended to express on hearing
him,—an approbation which assures us that the young Scotsman’s
colloquial talents were of no ordinary kind, and possessed something more
than mere brilliancy or fluency, even at that early period of life. It was
the knowledge of these qualities of mind, probably, which induced his mother—a
lady whose uncommon acquirements we have already had occasion to eulogise in
a memoir of another son—to urge him to devote the great energies of his
mind to the study of the law and jurisprudence of his country. Her advice,
seconded by the counsel of a few judicious friends, was adopted; and, in his
27th year, Thomas Erskine renounced the glittering profession of arms for
the graver studies of law.
He entered as a
fellow-commoner, at Trinity College, Cambridge, in the year 1777, merely to
obtain a degree, to which he was entitled as the son of a nobleman, and
thereby shorten his passage to the bar; and, at the same time, he inserted
his name in the books of Lincoln’s inn, as a student at law. One of his
college declamations is still extant, as it was delivered in Trinity college
chapel. The thesis was the revolution of 1688, and the first prize was
awarded to its author; but, with that nobleness of feeling which always
characterized the subject of our memoir, he refused to accept of the reward,
alleging as an excuse, that he had merely declaimed in conformity with the
rules of college, and, not being a resident student, was not entitled to any
honorary distinction. A burlesque parody of Gray’s Bard which appeared
about this time in the Monthly Magazine, was generally attributed to Mr
Erskine. The origin of this production was a circumstance of a humorous
nature. The author had been prevented from taking his place at dinner in the
college hall, by the neglect of his barber, who failed to present himself in
proper time. In the moment of supposed disappointment, hunger, and
irritation, the bard pours forth a violent malediction against the whole
tribe of hair-dressers, and, in a strain of prophetic denunciation,
foretells the overthrow of their craft in the future taste for cropped hair
and unpowdered heads. The ode is little remarkable for poetical excellence,
but displays a lively fancy and keen perception of the ludicrous. In order
to acquire that knowledge of the technical part of his profession, without
which a barrister finds himself hampered at every step, Mr Erskine became a
pupil of Mr, afterwards judge Buller, then an eminent special pleader, and
discharged his laborious and servile avocation at the desk with all the
persevering industry of a common attorney’s clerk. Upon the promotion of
his preceptor to the bench, he entered into the office of Mr, afterwards
baron Wood, where he continued for some months after he had obtained
considerable business at the bar.
At this time, his evenings
were often spent in a celebrated debating association then held in
Coach-maker’s hall. These spouting clubs, at the period of which we speak,
were regarded with a jealous eye by the government; and it was considered
discreditable, or at least prejudicial to the interests of any young man,
who looked forward to patronage at the bar, to be connected with them. The
subjects usually discussed were of a political nature, and the harangues
delivered in a motley assembly of men of all ranks and principles, were
often highly inflammatory in sentiment, and unguarded in expression. But it
was in such schools as these, that the talents of a Burke and a Pitt, and an
Erskine, were nursed into that surpassing strength and activity which
afterwards enabled them to ‘wield at will’ not the ‘fierce democracy’
but even the senate of Great Britain. While engaged in these preparatory
studies, Mr Erskine was obliged to adhere to the most rigid economy in the
use of his very limited finances,.......a privation which the unvarying
cheerfulness and strong good sense of his amiable consort enabled him to
bear with comparative ease.
Mr Erskine, having completed
the probationary period allotted to his attendance in the Inns of court, was
called to the bar in 1778; and in the very outset of his legal career, while
yet of only one term’s standing, made a most brilliant display of
professional talent, in the case of captain Baillie, against whom the
attorney general had moved for leave to file a criminal information in the
court of king’s bench, for a libel on the earl of Sandwich. In the course
of this his first speech, Mr Erskine displayed the same undaunted spirit
which marked his whole career. He attacked the noble earl in a strain of
severe invective; Lord Mansfield, observing the young counsel heated with
his subject, and growing personal on the first lord of the admiralty, told
him that lord Sandwich was not before the court: "I know," replied
the undaunted orator, "that he is not formally before the court; but
for that very reason I will bring him before the court. He has placed there
men in the front of the battle, in hopes to escape under their shelter; but
I will not join in battle with them; their vices, though screwed up
to the highest pitch of human depravity, are not of dignity enough to
vindicate the combat with me; I will drag him to light who is
the dark mover behind this scene of iniquity. I assort that the earl of
Sandwich has but one road to escape out of this business without pollution
and disgrace: and that is, by publicly disavowing the acts of the
prosecutors, and restoring captain Baillie to his command."
Mr Erskine’s next speech
was for Mr Carnan, a bookseller, at the bar of the house of commons, against
the monopoly of the two universities, in printing almanacs. Lord North, then
prime minister, and chancellor of Oxford, had introduced a bill into the
house of commons, for re-vesting the universities in their monopoly, which
had fallen to the ground by certain judgments which Carnan had obtained in
the courts of law; the opposition to the premier’s measure was considered
a desperate attempt, but, to the honour of the house, the bill was rejected
by a majority of 45 votes.
But long after having gained
their original triumph, Mr Erskine made a most splendid appearance for the
man of the people, lord George Gordon, at the Old Bailey. This great speech,
and the acquittal which it secured to the object of it, have been pronounced
by a competent judge, the deathblow of the tremendous doctrine of
constructive treason. The monster, indeed, manifested symptoms of returning
life at an after period; but we shall see with what noble indignation its
extirpator launched a second irresistible shaft at the reviving reptile.
Lord George’s impeachment arose out of the following circumstances. Sir
George Saville had introduced a bill into parliament for the relief of the
Roman catholics of England from some of the penalties they were subject to
by the test laws. The good effects of this measure, which only applied to
England, were immediately felt, and in the next session it was proposed to
extend the operation of similar measures to Scotland. This produced many
popular tumults in Scotland, particularly in Edinburgh, where the mob
destroyed some popish chapels. The irritation of the public mind in Scotland
soon extended itself to England, and produced a reaction of feeling in that
country also. A number of protestant societies were formed in both parts of
the kingdom for the purpose of obtaining the repeal of Saville’s act, as a
measure fraught with danger to the constitution, both of church and state.
In November, 1779, lord George Gordon, the younger brother of the duke of
Gordon, and at that time a member of the house of commons, became president
of the associated protestants of London; and on the memorable 2d of June,
1780, while proceeding to present a petition against concession to Roman
catholics, signed by 44,000 protestants, was attended by a mob so numerous,
and who conducted themselves so outrageously, as for a moment to extinguish
all police and government in the city of London. For this indignity offered
to the person of royalty itself, lord George and several others were
committed to the tower. Upon his trial, Mr Erskine delivered a speech less
remarkable, perhaps, for dazzling eloquence, than for the clear texture of
the whole argument maintained in it. A singularly daring passage occurs in
this speech, which the feeling of the moment alone could prompt the orator
to utter; after reciting a variety of circumstances in lord George Gordon’s
conduct, which tended to prove that the idea of resorting to absolute force
and compulsion by armed violence, never was contemplated by the prisoner, he
breaks out with this extraordinary exclamation: "I say, BY GOD,
that man is a ruffian who shall, after this, presume to build upon such
honest, artless conduct as an evidence of guilt!" But for the sympathy
which the orator must have felt to exist at the moment, between himself and
his audience, this singular effort must have been fatal to the cause it was
designed to support; as it was, however, the sensation produced by these
words, and the look, voice, gesture, and whole manner of the speaker, were
tremendous. The result is well known; but it may not be equally well known
that Dr Johnson himself, notwithstanding his hostility to the test laws, was
highly gratified by the verdict which was obtained: "I am glad,"
said he, "that lord George Gordon has escaped, rather than a precedent
should be established of hanging a man for constructive treason."
In 1783, Mr Erskine received
the honour of a silk gown: his majesty’s letter of precedency being
conferred upon him at the suggestion of the venerable lord Mansfield. In the
same year he was elected member of parliament for Portsmouth.
The defence of John
Stockdale, who was tried for publishing a libel against the commons house of
parliament, has been pronounced the first in oratorical talent, and is
certainly not the last in importance of Mr Erskine’s speeches. This trial
may be termed the case of libels, and the doctrine maintained and expounded
in it by Stockdale’s counsel is the foundation of that liberty which the
press enjoys in this country. When the house of commons ordered the
impeachment of Warren Hastings, the articles were drawn up by Mr Burke, who
infused into them all that fervour of thought and expression which ever
characterized his compositions. The articles, so prepared, instead of being
confined to the records of the house until they were carried up to the lords
for trial, were printed and allowed to be sold in every bookseller’s shop
in the kingdom, before the accused was placed upon his trial; and
undoubtedly, from the style and manner of their composition, made a deep and
general impression upon the public mind against Mr Hastings. To repel or
neutralize the effect of the publication of the charges, Mr Logan, one of
the ministers of Leith, wrote a pamphlet, which Stockdale published,
containing several severe and unguarded reflections upon the conduct of the
managers of the impeachments, which the house of commons deemed highly
contemptuous and libellous. The publisher was accordingly tried, on an
information filed by the attorney-general. In the speech delivered by Mr
Erskine upon this occasion, the very highest efforts of the orator and the
rhetorician were united to all the coolness and precision of the nici
prius lawyer. It was this rare faculty of combining the highest genius
with the minutest attention to whatever might put his case in the safest
position, which rendered Mr Erskine the most consummate advocate of the age.
To estimate the mightiness of that effort by which he defeated his powerful
antagonists in this case, we must remember the imposing circumstances of Mr
Hastings’ trial,—the "terrible, unceasing, exhaustless artillery of
warm zeal, matchless vigour of understanding, consuming and devouring
eloquence, united with the highest dignity,"—to use the orator’s
own language—which was then daily pouring forth upon the man, in whose
defence Logan had written and Stockdale published. It was "amidst the
blaze of passion and prejudice," that Mr Erskine extorted that verdict,
which rescued his client from the punishment which a whole people seemed
interested in awarding against the reviler of its collective majesty. And be
it remembered, that in defending Stockdale, the advocate by no means
identified his cause with a defence of Hastings. He did not attempt to
palliate the enormities of the governor-general’s administration; he
avowed that he was neither his counsel, nor desired to have any thing to do
with his guilt or innocence; although in the collateral defence of his
client, he was driven to state matters which might be considered by many as
hostile to the impeachment. Our gifted countryman never perverted his
transcendant talents by devoting them to screen villany from justice, or to
the support of any cause which he did not conscientiously approve. His
speech for the defendant at the trial of a case of adultery in the court of
king’s bench, may be considered as an exception to this remark. It must
not be forgotten that it was delivered in behalf of a gentleman of high
family who had been attached to a young lady, his equal in years and birth,
but was prevented from marrying her by the sordid interference of her
relatives, who induced or rather constrained her to an alliance with a
nobler house. The marriage was, as might have been anticipated, a most
unhappy one, and the original attachment seems never to have been replaced
by any other, and ultimately produced the elopement which occasioned the
action. Mr Erskine does not affect to palliate the crime of seduction; on
the contrary, he dwells at length on the miserable consequences occasioned
by this crime; but, after having adverted with exquisite delicacy to the
sacrifice of affection and enjoyment which had been made in this case, he
charges the plaintiff with being the original seducer of a woman, whose
affections he knew to be irretrievably bestowed upon and pledged to another.
In 1807, Mr Erskine was
exalted to the peerage by the title of lord Erskine of Restormal castle, in
Cornwall, and accepted of the seals as lord high chancellor; but resigned
them on the dissolution of the short lived administration of that period,
and retired upon a pension of £4000 per annum. From that time to the period
of his death, his lordship steadily devoted himself to his duties in
parliament, and never ceased to support, in his high station, those measures
and principles which he had advocated in his younger years. It is deeply to
be regretted, that, by an unhappy second marriage and some eccentricities of
conduct, very incompatible with his years and honours, this nobleman should
have at once embittered the declining years of his own life, and tarnished
that high and unsullied character which he had formerly borne in public
estimation. His death was produced by an inflammation of the chest, with
which he was seized while on the voyage betwixt London and Edinburgh. He was
landed at Scarborough, and proceeded to Scotland by short stages, but died
on the 17th of November, 1823, at Ammondell house. Mr Erskine’s peculiar
sphere seems to have been oratorical advocacy; his appearance as a senator
never equalled that which he made at the bar. Nor is he entitled, as a
political writer, to much distinction. His pamphlet, entitled "A View
of the causes and Consequences of the War with France," which he
published in support of Mr Fox’s principles, indeed, ran through
forty-eight editions; but owed its unprecedented sale more to the spirit of
the times and the celebrity of its author’s name, than to its own
intrinsic merit. The preface to Mr Fox’s collected speeches was also
written by him, as well as a singular political romance, entitled "Asmaba,"
and some spirited pamphlets in support of the Greek cause.
By his first wife, lord
Erskine had three sons and five daughters. The eldest of his sons, David
Montague, now lord Erskine, was for some time member plenipotentiary to the
United States, and afterwards president at the court of Wirtemberg. |
