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perly rejection of Mr. Pitt himself, for disturbing the catholic question, as well as to the early abandonment of his father's principles and his own to acquire his sovereign's favour.

These discomfitures from time to time were alleviated by the hopes entertained from the more liberal influence exercised over the mind of the heir apparent; according in some manner to the proscriptive law of the house of Brunswick, which placed the Prince of Wales in political opposition to his father.

The prospects from this quarter, which were early shadowed by the dissipated tastes of this otherwise promising prince, and the spell which his thirst for pleasure threw over his talents and and accomplishments, became finally extinguished under the despotic influence of the epicurean propensities of the royal voluptu

ary.

In the part taken by Mr. Fox, Lord Fitzwilliam and their distinguished associates, relative to the Regency question, it seems probable that they were influenced by political sympathy and personal predelictions, in regard to the measure of authority they were disposed to claim for the hereditary successor to the sovereignty, as much as by strictly constitutional principles. In the warmth of debate upon this exciting subject, it is stated that Lord Camden and Lord Fitzwilliam mutually retorted upon each other with some piquancy a tendency to republican principles. In the arrangements contemplated by the whig party on this interesting and extraordinary occasion, it was intended to invest Earl Fitzwilliam with the viceroyalty of Ireland. The increasing importance of that high charge was beginning to engage more deeply the patriotic concern of the true friends of both parts of the empire; and Lord Fitzwilliam was indicated to that office, both by his extensive property in the island and the opinion prevailing among the inhabitants of the virtues of his character, evinced in a particular manner by his liberal and benevolent treatment of his own tenantry, between whom and himself he admitted none of that class known by the denomination of middle-men. The effect of such a happy designation, however, was postponed to a period when it was not permitted to be tried under equally favourable auspices. Upon the recovery of the king, a magnificent reception was given by earl Fitzwilliam to the heir apparent at Wentworth House in Yorkshire, with national

games, rural sports, fetes and other accompaniments, in the most abundant and splendid style of ancient English hospitality; of which the habit was continued, it may be observed, in a manner suited to the advancing years of the venerable nobleman, to the last periodical occasion previous to his decease.

The French revolution now came to cast the apple of discord among the friends of liberal principles. Mr. Burke, who had been in the cherished confidence of Lord Rockingham, and his coadjutor in parliamentary and ministerial affairs, was also the political preceptor of Earl Fitzwilliam. The character of that great practical philosopher, splendid as it is acknowledged to have been on the score of intellectual power, has not been sufficiently comprehended by those who have been principally struck with the parts which it was alloted to him to take, at different pe riods, and under distinct and widely marked states and conditions, in the circumstances of his own country and the world. These different postures in which he was thus placed, were undoubtedly rendered more striking and set in stronger relief by those bold and broad generalizations which he was in the habit of employing, and by his custom of dealing with subjects of momentous and absorbing public interest, according to their existing pressure and importance, more than according to their purely speculative, academic and syste matic relations. He treated things of this nature in their true character of politics, and not as metaphysics, while he was always master of a manner the most dialectic and philosophical. His grand and powerful abstractions grew out of his profound perception of original, essential principles; and they were invariably attendent upon those great practical interests and pressing concerns of mankind with which it was his fortune, both as a statesman and a legislator, to be pre-eminently conversant. The portentous aspect of the times acting upon a temperament of peculiar acuteness, increased by the falling shadows of age, probably imparted some exaggeration to the objects of his mental apprehension, as it unquestionably added extraordinary energy to his accusing and averting eloquence. But with vast interests in view and great events advancing, his mind was inspired and expanded by the occasion. He looked abroad upon the large expanse of ages; and on a theatre more spacious, with a power more copious and more absolute

than has been granted to any other statesman of our times; he proclaimed himself the organ of the past and the future to all mankind. Hatred of oppression, more than any other single cause, may be regarded as the main-spring, or master-key of Burke's political conduct and principles; and who can deny such a sentiment to be a just principle of thinking and acting in an enlarged and an enlightened code of political ethics. This roused his resistance to the ministerial tyranny of the mother country. It caused him to raise his voice for the relief of the catholics, as well as dissenters, both in England and Ireland. It interested and engaged him in measures for the improvement of the condition of negroes. It kindled his implacable indignation against those who plundered and oppressed the natives of India; and in the main, too, it was the same cause which awoke his unmeasured and unmitigated invective against the sanguinary excesses of the revolutionists in France; be cause they were not contented with obtaining freedom for themselves, without trampling upon every thing that stood in the way of their tyrannical career. Burke beheld the whole dreadful scene of blood and ruin at its first volcanic outbreak, under the worst and most ferocious aspect of democratic despotism; and denounced the extremest wo of superhuman wrath upon those, who, with professions of liberty and fraternity the most passionate and profuse, were without mercy to their species, in their march of emancipation and empire. Although the period has passed away, the pages inscribed by that revolution, in the visions of that raptured seer, are still prophetic; and the enormities of that epoch, which almost filled his breast with their own fury, remain, if not unrelieved, still without recorded parallet.

The opinions of Burke on this absorbing subject, it is well known, exercised a predominant influence in Great Britain. At this period Earl Fitzwilliam united with the Duke of Portland, Earl Spencer, Mr. Windham, and a considerable portion of the whig party, in supporting the political measures of the administration; at the head of which the Duke of Portland was placed, while the principal direction of affairs remained in Mr. Pitt; and, with the advice of Mr. Burke, Lord Fitzwilliam accepted the presidency of the council. Although the harsh and unrelenting displeasure of Mr. Burke toward Mr. Fox was manifested in the extraordinary letter communicated to the Duke of Portland and Earl Fitzwilliam, which afterwards found its way to the public through some Gog

improper channel, the political agreement of Lord Fitzwilliam with Mr. Burke in the unhappy circumstances of excitement, that finally separated the latter from Mr. Fox, did not alter the cordial sentiments of regard which always existed between Mr. Fox and himself. Lord Fitzwilliam conveyed to Mr. Fox the information of Mr. Burke's last illness. It is mentioned that Mr. Fox was so much affected, when Mr. Burke refused to see him, as to burst into tears. Mr. Fox himself, in his last moments, was visited by Lord Fitzwilliam; and, although unable to speak, his countenance is said to have expressed the overflowings of his heart; and his noble friend fainted, and remained for some time insensible after the shock of the parting

scene.

In the year succeeding his appointment to the place of president of the council, he was selected for the office of Lord Lieutenant of Ireland. The same situation had been filled by one of his ancestors, a friend of Sir Philip Sydney, with the title of Lord Deputy, for five successive terms, under the reign of Queen Elizabeth. He was descended also, by the maternal side, from a more unfortunately celebrated pers son, who sustained the same office with a widely different fame-Wentworth, afterwards Earl of Strafford.

Lord Fitzwilliam was recommended to this station by the reputation of his probitý and peculiar qualifications, his known sentiments towards the catholics, his personal dispositions, towards the inhabitants generally, and the corresponding confidence and esteem which those quali ties had won for him in the community. These circumstances may undoubtedly be viewed not merely as among the motives, but as being the principal causes of the appointment, which was regarded of itself, as a proof of sincerity and conciliation towards Ireland. It was received accordingly, and the arri val of Earl Fitzwilliam in this beneficent capacity, was greeted with universal demonstrations of joy. The Irish parliament, after a cordial address of welcome, unanimously presented the most ample vote of supplies that had ever been granted in that part of the kingdom. A bill was shortly brought in by Mr. Grattan, with the unquestionable approbation of the Lord Lieutenant, for the relief of the cathe lics. Individuals who had rendered themselves justly obnoxious to public displeasure by their conduct in office, were re moved, and their places supplied by successors of undoubted merit. The most satisfactory results were inferred from

circumstances so auspicious to the public expectation; and entire confidence was cherished in the apparent intentions of government; but this fair prospect, the fairest that had dawned upon that portion of the kingdom, was suddenly changed and clouded. The evil star of Ireland recovered its ascendency. Implacable resentments were roused; other counsels prevailed; and to them was sacrificed the system of policy that had been resolved upon, to be carried into effect through the instrumentality of Earl Fitzwilliam. The measure of concession, which had been tendered with the full concurrence of the royal representative, for which he conceived himself to be vested with competent authority, was refused a sanction by the British cabinet. His recall took place in consequence, after an administration of only three months, and Lord Camden was appointed his successor. The disappointment and grief attending this abrupt termination of his commission, could only be compared with the delight and hope with which his appointment had been hailed. The day of his departure from Dublin was marked as a day of mourning: the shops were closed, and a common feeling of despondence pervaded the whole community.

This unforseen and unfortunate turn of affairs became the topic of animated discussion upon Earl Fitzwilliam's return to England, and continued for some time to form an interesting subject to the public mind. One or two letters were communicated to the press, addressed by him to Earl Carlisle, vindicating the manner in which he had proceeded in the execution of the trust confided to him; asserting the competency of his authority for the purpose in question; and animadverting with great severity upon the arts which had been exerted to overthrow his administration. He appeared also in the house of Fords, and challenged an investigation of his conduct in the face of the country; and maintained that his instructions had fully warranted the proceeding which the cabinet had subsequently seen fit to disavow. Blame had been publicly cast upon him as the representative of the sovereign, and he exhibited himself there in a calm and dignified attitude, ready to take up the guantlet which the government had thrown down. No reply was attempted. The Duke of Norfolk then gave notice of a motion for an address to the king, requesting that the correspondence between the ministry and the late Lord Lieutenant relating to his recall, should be laid before parliament; and a similar motion for inquiry was introduced into the house of

commons, without, however, leading to any satisfactory result. It was evident that the opportunity sought for was shunned, and that the government chose to shield its injustice by its silence.

In the debate which occurred in the house of peers, Earl Fitzwilliam publicly declared that he possessed sufficient authority for the measure which he had proposed to adopt in regard to the catholics, and further stated that no objection was opposed to the course of proceeding on his part previous to the dismission of certain active individuals from office on account of their political violence. This, he said, produced the clamours and misrepresentations which led to his removal, and would, as he feared, in time, be followed by worse consequences. This closing remark was obviously prophetic. The disadvantage of losing the timely and favourable opportunity then offered for effecting a conciliatory settlement of the distracting question of Irish catholic emancipation was long experienced, and has not yet entirely ceased to be felt. What sufferings would that unhappy country have been spared; how much blood would have been saved that has been poured out upon the scaffold; how much which has flowed into foreign climes might have been preserved within her own bosom, if that boon which was so long deferred, and so ungraciously and reluctantly accorded, had been granted under circumstances when it might have been received with gratitude.

From this period Lord Fitzwilliam withdrew in a great measure from political affairs, until the cessation of hostilities with France, when he joined with Lord Grenville and others, in condemning the delusive and short-lived peace of Amiens. On the formation of the whig ministry upon the death of Mr. Pitt, in 1806, Lord Fitzwilliam was again called to his former seat as president of the council. After the dissolution of that able and virtuous administration by the death of Mr. Fox, Lord Fitzwilliam did not intermit his attendance in the house of peers, until an advanced period, but ceased to take any further part in public affairs than belonged to the discharge of his senatorial duties. Faithful, however, at once to the original instinct and sympathies of his nature, and to those principles of education, which had distinguished his character from his first entrance upon the stage of life; he drew upon himself a decided mark of the displeasure of the ministerial government under the administration of Lord Liverpool in 1819, by presiding at a public meeting, for the purpose of inquiring into

the conduct of the magistrates concerning the massacre at Manchester. In consequence of this, he was dismissed from the office of Lord Lieutenant of the west riding of Yorkshire, to which he had been appointed after his recall from Ireland.

The character of this excellent and lamented nobleman is best sketched by the plain and simple recital of his life. It was marked by his private virtues, his public spirit, his liberal opinions, and the ample means which he employed of benevolence and munificence. Popular and indulgent as one of the largest landed proprietors in the realm, placed by Providence in a sphere of extensive and important influence, he was the inflexible enemy of every species of corruption and oppression. The purity and elevation of his purposes was never for a moment questioned. Through that portion of local patronage belonging to him under the late system of representation, which has been the subject of reform, and which was now more purely exercised, it may be observed that some of the most eminent and patriotic members have obtained their seats in parliament. As one of these distinguished individuals, it may be sufficient to allude to Sir James Mackintosh, a name well deserving to be associated in the same record with the illustrious object of the equal favour and respect of the Marquis of Rockingham; and it may be mentioned as an eminent felicity in the dispensation of this aristocratic power, in the illustrious line which has been traced, that the roll which began with Burke, should end at this point with Mackintosh. Although opposed, at one period, in their view of foreign politics, between Burke and Mackintosh there existed an affinity, drawing their minds into a mutual esteem and affection for each other, founded on their common hatred of oppression, and love for the good and beautiful in the constitution of their kind.

The descent of Earl Fitzwilliam is traced from an ancient stock, claiming consanguinity to the confessor, and deriving historical distinction from the hand of the conqueror. But he has acquired higher titles to the veneration of the present age, and the respect of posterity; titles, by which his honest and well earned fame will be cherished beyond those of Norman or Saxon origin, or of the heraldic honours by which the house was adorned under the Tudors, or the latter dignities to which it was raised by the reigning branch.

JOHN HOOKER ASHMUN.

At Cambridge, April, 1833, John Hooker Ashmun, Esq., aged 33, Royal Professor of Law in Harvard University.

The state of professor Ashmun's health had been such for a long time, that his death was any thing but unexpected to his friends, and though the death of such a man can never be unseasonable, so far as he himself is concerned, it must always be so in relation to those who survive him. He was a man of so marked a character, exerting so uncommon an influence over all who approached him, and so completely filling his office and station, that however we may have supposed ourselves prepared to hear of his death, we feel, when the event has taken place, that we had never realized the extent of the loss we were to sustain.

He was a man cast in a peculiar mould. His mind had been developed, and his character formed, each by its own unassisted energies, and with very few external influences. He was highly independent in opinions and conduct; he made up his mind deliberately, and acted and spoke resolutely, according to his convictions. His mind was one of a high order; it was acute, discriminating, vigorous, philosophical, and creative. Noman had a clearer and more intellectual piercing sight; he saw all things in their true forms, and exact proportions. He walked in the steady day-light of truth; he was never led astray by phantoms and unsubstantial gleams; he never mistook shadows for substances. He detected at once, sophistry, loose and inconsequential reasoning, fanciful distinctions, subtle refinements, and all the arts by which ardent partizans deceive others, and often themselves, and treated them with no mercy. His love of truth was a remarkable trait in his mind: he would not tolerate, even in conversation, those rash and extravagant assertions, which are always taken with more or less of qualification, according to the temperament of the speak

er.

He felt that it was wrong to be disloyal to truth, even in the smallest things. He had a great deal of wisdom-the perfection of good sense. His remarks were striking, and often profound. He looked upon life with a penetrating and sagacious eye, and his observations upon it were made with depth, sometimes with severity, never with bitterness. He did not talk much, but he said a great deal in a few words. His constant ill health, which often prevented him from reading and

studying, gave him more opportunity to thick, and preserved the originality and freshness of his mind unimpaired.

Of his professional character, we feel hardly qualified to speak, but it is generally acknowledged that, as a lawyer, he had few equals, and no superior among those of his own standing. The early age at which he died, and his constant sickness, prevented him from making various and extensive acquisitions, but there were certain portions of the law, particularly the law of real property, of which he was thoroughly master. But his legal eminence arose from the remarkable original powers which he brought to the study of the

science.

Wherever he directed his con centrated efforts, he disentangled the krottiest points, and shed light upon the darkest, and most abstruse subjects. He applied general principles with great sagaerty and skill. He traced rules, apparently arbitrary, to their origin, and showed that they had a foundation, either in reason or abuse. Every subject that passed through his mind appeared in a new form, or was held up in a more striking light. Well versed in special pleading, familiar with all the technicalities of the law, and with a power of seeing minute distinctions, he could at once shake off all these trammels, and view the law as a liberal and expansive science, resting on immutable foundations, and capable of being moulded to meet the claims of justice, the demands of reason, and the progress of society.

tis method of instruction in the law, was peculiar to himself. He did not think it experient to explain every thing, and remove every difficulty from the learner's path. He preferred to awaken in the student's mind the desire of overcoming obstacles himself, and thought that what was gained in that way, was much more valuable than what was told him by his teacher. His commentaries and explanations were always given in few words, but were thoroughly satisfactory, and were treasured up in the memory like axioms. He acquired great influence over his pupils: he treated them as friends and companions; and his own mind was so vigorous and original, that it gained an ascendancy over all who approached him familiarly. His examinations were so searching, and the desire of his approbazion was so strong, that all, even the most indolent, if they pretended to study at all, studied faithfully, and learned accurately. The written lectures which he delivered, on certain portions of the law, will always be remembered by those who heard them,

as among the most valuable portions of
their legal education.

The character of Mr. Ashmun could only
be understood by those who saw him fa-
miliarly. His ill health, and a slight
deafness with which he was afilicted, pre-
vented him from mingling much in society,
but this seemed to bind him more closely
to those who knew him intimately. His
affections were strong and constant, and
his disposition eminently social. His
bodily infirmities made him appear some-
times austere and irritable, but no man
had a warmer heart, or a deeper sensibility,
If he had ever given pain, he felt it no less
himself, and always made up for it by
some marked kindness in tone, looks, or

manner.

He associated with his pupils on terms of perfect equality, and gained their attachment, while he preserved their respect, and parted with none of the dignity of his station and character. He delighted to mingle with them, and to be surrounded with the fresh and buoyant which he spirits, which are the natural heritage of youth and health, but to had been long a stranger. Though his heart was heavy, he loved the sunshine of happy faces. His feelings we e not only strong, but tender and delicate. He was not in the habit of revealing in words what was passing within him, but with his friends, the tones of his voice, and the expression of his face, were an unerring index to the emotions which were stirring his soul.

For several months past, his mind literally kept his body alive. His life was always a constant struggle, and a constant victory-a victory of the spirit over There was something the flesh, of the immortal essence over its dying tenement. heroic and inspiring in this moral strength; this power to rise superior to all bodily infirmities, and to keep the post of duty to the last. He bore his sickness with the firmness of a martyr. He never complained, and never fell into that habit so common with invalids, of talking about himself, and his own feelings, till the ear of affection itself became weary of the sound. He had too much dignity and self-respect, to be perpetually drawing upon the sympathy of others, and making them bear the hur den of his afflictions. His ill health, which made the world, perhaps, do him injustice, made his society more interesting to his friends, and the influence of his character more important upon them. In moments of doubt and despondency, there was something invigorating in the thought, that if he, at his early age, and with such

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