156 THE DISTRACTED FEMALE. 1 Still louder breathes, and in the face of day Mounts up, and calls on Giles to mark her way. Close to his eyes his hat he instant bends, And forms a friendly telescope, that lends Just aid enough to dull the glaring light, And place the wand'ring bird before his sight; Yet oft beneath a cloud she sweeps along, Lost for a while, yet pours her varied song. He views the spot, and as the cloud moves by, Again she stretches up the clear blue sky; Her form, her motion, undistinguish'd guile, Save when she wheels direct from shade to light: The flutt'ring songstress a mere speck became, Like fancy's floating bubbles in a dream: He sees ber yet, but, yielding to repose, Unwittingly his jaded eyelids close. Delicious sleep! From sleep who could forbear, With no more guilt than Giles, and no more care ? Peace o'er his slumbers waves her guardian wing, Nor conscience once disturbs him with a sting; He wakes refresh'd from every trivial pain, And takes his pole and brushes round again.' Summer, 1.82 -Naught her rayless melancholy cheers, Fair promis'd sunbeams of terrestrial bliss, In painting the characteristics and caprices of insanity, Cowper bas touched every heart in his well-known picture of "Crazy Kate." But may not Bloomfield claim equal praise for his beautiful and affecting story of * * The most beautiful part in the description of this bird, and which is er once curiously faithful and expressively harmonious, I have copied in Italis Milton and Thomson have boih introduced the flight of the skylark , the first with his accustomed spirit and sublimity; but probably no poet has surpasst either in fancy or expression, the following prose narrative of Dr. Goldsmith a his History of the Earth and Animated Nature's Nothing,' otsertes e, can be more pleasing ihan to see the lark warbling upon the wing, raisin s note as it soars, until it seems lost in the immense heights above us, the ote continuing, the bird itself unseen ; to see it then descending with a small it comes from the clouds, yet sinking by degrees as it approaches its ses e spot where all its affections are centred—the spot that has prompted el joy.' This description of the descent of the bird, and of the pleasures of little nesi, is conceived in a strain of the most exquisite delicacy and ling. -A tatier'd apron hides, , or comelier clothes, !"It presents as finished a specimen of versification as can be extracted from the pages of our most polished poets; and its pathos is such as to require no comment of mine." Drake's Literary Hours, vol. ii. p. 467. 3 "From the review we have now taken of the FARMER's Boy,' it will be evident, I think, that, owing to its harmony and sweetness of versification, its benevolence of sentiment, and originality of imagery, it is entitled to rank very high in the class of descriptive and pastoral poetry, and that, most probably, it will descend to posterity with a character and with encomia similar to what has been the endeavor of these essays to attach to it.” Dr. Drake. THE WIDOW TO HER HOUR-GLASS. Come, friend, I'll turn thee up again: Companion of the lonely hour! Spring thirty times hath fed with rain And clothed with leaves my humble bower, Since thou hast stood In frame of wood, At every birth still thou wert near, Still spoke thine admonitions clear- And seen the growing mountain rise, Its conic crown Still sliding down, The sand above more hollow grew, Like days and years still filtering through, And mingling joy and pain. While thus I spin and sometimes sing (For now and then my heart will glow), Thon measurest Time's expanding wing; By thee the noontide hour I know: Though silent thou, Still shalt thou flow, But when I glean the sultry fields, When earth her yellow harvest yields, Thy daily task performing well, Come, lovely May! Thy lengthend day Shall gild once more my native plain; Curl inward here, sweet woodbine flower: Companion of the lonely hour, I'll turn thee up again." THOMAS ERSKINE, 1750–1823. THE WIDOW TO HER HOUR-GLASS. Come, friend, I'll turn thee up again: Companion of the lonely hour! Since thou hast stood In frame of wood, At every birth still thou wert near, Still spoke thine admonitions clear- And seen the growing mountain rize, Its conic crown Still sliding down, The sand above more hollow grew, Like days and years still filtering through, (For now and then my heart will glow), Though silent thou, Still shalt thou flow, But when I glean the sultry fields, When earth her yellow harvest yields, Thy daily task performing well, Come, lovely May! Thy lengthend day Curi inward here, sweet woodbine flower: Thomas (Lord) Erskine, third son of the Earl of Buchan, was born in the year 1750, and was educated at the University of St. Andrews. After serving six years in the navy and army, he was induced, at the earnest request of his mother, who saw his talents, and jestingly said he must be Lord Chancellor, to quit the military profession and prepare himself for the law. In 1778, he was called to the bar, where his success was immediate and remarkable. In a case of libel, in which he advocated the cause of the defendant, Capt. Baillie,' he displayed so much eloquence and talent that the legal world was astonished, and nearly thirty briefs were put into his hands before he left the court. In 1781, he appeared as counsel for Lord George Gordon in what was called a case of constructive treason, and by his wonderful skill, and eloquence, and legal learning, procured the acquit. tal of his client, and thus, for the time, gave the deathblow to the tremendous doctrine of constructive treason. But there is nothing in the life of this eminent man which reflects so much honor on his memory as his exertions in defence of the privileges of juries. The rights of those pro tempore judges he strenuously maintained upon all occasions, particularly in the celebrated trial of the Dean of St. Asaph for libel, in 1784, when Justice Buller refused to receive the verdict of " guilty of publishing only," as returned by the jury.2 In 1789, he again displayed his wonderful powers in the defence of Mr. Stockdale, a bookseller, who was tried by the government for publishing what was charged as a libellous pamphlet, in favor of the celebrated Warren Hast 1 · On this occasion, he showed that the courage which marked his prosessional life was not acquired after the success which rendered it a safe and a cheap virtue; but, being naturally inberent in the man, was displayed at a moment when attended with great risks. In the course of his eloquent argument, he was inveighing very strongly against a certain "noble lord,” when the judge, Lord Mansfield, interrupted him, and remarked that the Lord was not before the court." "I know he is not," was the bold reply, “but, for that very reason, I will bring him before the court. I will drag him to light who is the dark mover behind this scene of iniquity.” * The following is a part of the spirited dialogue that ensued when the jury returned their verdict. It shows the noble daring and courage of Erskine. Mr. Erskine.-Is the word only to stand part of your verdict ? A Juror.-Certainly. Mr. Justice Buller:--Then the verdict must be misunderstood; let me understand the jury. Mr. Erskine -(With great spirit.) The jury do understand their verdict. Mr. Justice Buller.-Sir, I will not be interrupted. Mr. Erskine.--I stand here as an advocate for a brother citizen, and I desire that the word only may be recorded. Mr. Justice Buller-Sit down, sir; remember your duty, or I shall be obliged to proceed in another manner. Mr. Erskine.-Your lordship may proceed in what manner you think fit. I know my duty as well as your lordship knows yours. I shall not alter my conduct. I'll turn thee up again." ings. This is one of his very finest, if not the best of all his speeches; and, “whether we regard the wonderful skill with which the argument is conducted, the soundness of the principles laid down, and their happy application to the case, the vividness of fancy with which these are illustrated, and the touching language in which they are conveyed, it is justly to be regarded as a consummate specimen of the art of addressing a jury." This masterly defence procured a clear acquittal for Stockdale, although the fact of publication was admitted. But the most arduous effort of his professional life arose out of the part he took in the defence of Hardy, Horne Tooke, and others, in 1794, charged with high treason. These trials lasted several weeks, and the ability dis. played by Mr. Erskine on this memorable occasion was acknowledged and admired by men of all parties. “ Though the whole force of the bar was marshalled against the prisoners, and every effort used to beat down and paralyze their undaunted defender, his spirit rose superior to every difficulty, and his consummate talents shone forth in their native lustre. His indefatigable patience, his sleepless watchfulness, his unceasing activity of body and mind, his untameable spirit, his quickness and subtilty of intellect, together with a Herculean strength of constitution, counterbalanced the host to which he was opposed." In 1797, he delivered a most admirable speech-speaking more as a man than a lawyer-on the prosecution of a Mr. Williams, the printer and publisher of that foul, infidel book, “ The Age of Reason," by Thomas Paine. Some passages of this speech are equal to anything he ever delivered. In politics, Mr. Erskine was on the liberal side, acting with Fox and orhers of that party. He strenuously opposed the war with France, and published a pamphlet against it, entitled " A View of the Causes and Consequences of a War with France," which had an immense sale. On the death of Mr. Pitt, in 1806, when Lord Grenville formed a new administration, Mr. Erskine was created a peer, and elevated to the dignity of Lord High Chancellor of England His public career may be said to have termi. nated with this event, and the remainder of his life was undistinguished by any great exertion. Whilst accompanying one of his sons by sea to Edinburgh, he was seized with an inflammation of the chest, which compelled him to land at Scarborough. He reached Scotland by easy stages, but expired on the 17th of November, 1823, at the seat of his brother, a few miles from Edinburgh. The eloquence of Lord Erskine was characterized not merely by the elegance of its diction and the graces of its style, but was peculiarly remark. able for its grace and earnestness. As an advocale, “he possessed the power of summoning upon the instant all the resources of his mind, and bringing them to bear upon the subject before the court with extraordinary effect. In this respect, his speeches bear a resemblance to those of Mr. Pitt, whilst they far surpass them in impassioned fervor, in brilliancy of imagination, in copiousness of imagery, and in that quality of the mind expressed by the emphatic word-genius. His dexterity was likewise unrivalled at the bar, and these qualifications, united with a courage which nothing could daunt, and a 160 firmness which was never overcome, rendered him almost irresistible on the defensive side of political persecution. In stemming the tide of state prosecutions, this single patriot may be said to have saved his country from the horrors of a general proscription."! TRAITOROUS ACTS AND INTENTIONS NECESSARY TO CONSTITUTE GUILT. ERSKINE. [GEORGE IV But the most arduous effort of his professional life arose out of the part , inte del book, " The Age of Reason," by Thomas Paine. Some pasages of this speech are equal to anything he ever delivered. In politics, Mr. Erskine was on the liberal side, acting with Fox ged others of that party. He strenuously opposed the war with France, and published a pamphlet against it, entitled "A View of the Causes and Cosequences of a War with France," which had an immense sale. On the death of Mr. Pitt, in 1806, when Lord Grenville formed a new administi? tion, Mr. Erskine was created a peer, and elevated to the dignity of Love High Chancellor of England His public career may be said to have teras nated with this event, and the remainder of bis life was by any great exertion. Whilst accompanying one of his sons by sea i Edinburgh, he was seized with an inflammation of the chest, which cor Gentlemen, I have no manner of doubt that you will, I am sure you cannot but see, notwithstanding my great inability, increased by a perturbation of mind (arising, thank God! from no dishonest cause), that there has been not only no evidence on the part of the crown to fix the guilt of the late commotions upon the prisoner, but that, on the contrary, we have been able to resist the probability-I might almost say the possibility of the charge, not only by living witnesses, whom we only ceased to call because the trial would never have ended, but by the evidence of all the blood that has paid the forfeit of that guilt already--an evidence that, I will take upon me to say, is the strongest and most unanswerable which the combination of natural events ever brought together since the beginning of the world for the deliverance of the oppressed :--since, in the late numerous trials for acts of violence and depredation, though conducted by the ablest ser undistinguished · Encyclopædia Britannica. Read an excellent article on Lord Erskine in the 16th volume of the “ Edinburgh Review ;' also, an admirable sketch of his character in that most instructive and eloquent book, "Stanton's Reforms and Reformers of Great Britain.” From this I must make the following extract: “ Erskine's speech for Hardy (whose case was very critical, and the first one tried) is one of the most splendid specimens of popular juridical eloquence on record. Owing to the running contests on points of law and evidence, constantly kept up while the trial went on, he lost his voice the night before he was to address the jury. It returned to him in the morning, and he was able to crowd seven hours full of such oratory as is rarely heard in our day. He regarded Hardy's acquittal or conviction not only as the turning point in the fate of his eleven associates, but as settling the question whether constructive treason should for long years track blood through the land, or its murderous steps be now brought to a final stand. He made a superhuman effort for victory, and achieved it. Profound as was his legal learning, emi. nent as were his reasoning faculties, classical as was his taste, transcendent as were his oratorical powers, all conspiring to place him not only at the head of the English bar, but to rank him as the first advocate of modern times; yet all were overshadowed by the inflexible courage and hearty zeal with which he met this crisis of British freedom. With the combined power of the king, his ministers, and his judges, arrayed against his clients and against him as their representative, seeking their blood and his degradation, he cowered not, but maintained the home-born rights of his proscribed fellow-subjects with arguments so matchless, with eloquence so glowing, with courage so heroic, with constancy so generous, that his name will ever find a place in the hearts of all who prefer the rights of man to the prerogatives of power.” 15 pelled him to land at Scarborough. He reached Scotland by easy sizes but expired on the 17th of November, 1823, at the seat of his brother, a few miles from Edinburgh. The eloquence of Lord Erskine was characterized not merely by the Jelegance of its diction and the graces of its style, but was peeuliarly remartJable for its grace and earnestness. As an advocale," he possessed the porel por summoning upon the instant all the resources of his mind, and brings hem to bear upon the subject before the court with extraordinary effect . In his respect, his speeches bear a resemblance to those of Mr. Pitt , while hey far surpass them in impassioned fervor, in brilliancy of imaginatia, ia fopiousness of imagery, and in that quality of the mind expressed by the es: phatie word-genius. His dexterity was likewise unrivalled at the bar, and hese qualifications, united with a courage which nothing could daunt, and a |
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