Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
Mackintosh’s lectures, in the spring of 1799, at Lincoln’s Inn Hall,
were attended by an auditory such as had never before met in England
on a similar occasion. “Lawyers, members of Parliament, men of
letters, and gentlemen from the country crowded the seats; and the
Lord Chancellor, who, from a pressure of public business, was unable
to attend, received a full report of each lecture in writing, and was
loud in their praise.” The introductory lecture, the only one that
was written out and preserved, is as remarkable for its eloquence as
for the depth of its learning and the vigor and discrimination of its
thought.
Mackintosh now devoted himself to the practice of his profession with
every prospect of the most flattering success. Regarding himself as
more perfectly fitted for a position upon the bench than at the bar,
he aspired to a judicial appointment at Trinidad or in India. The
appointment was under contemplation, when he was engaged to defend
M. Jean Peltier, a Frenchman who resided in London and published
a newspaper opposed to the rising fortunes of Bonaparte. There is
an English statute against “libel on a friendly government”; and
Bonaparte, who was now for the moment at peace with England, demanded
that the statute should be enforced. Action was brought against
Peltier, and when the case came on for trial Mackintosh delivered the
speech selected from his works for this volume. He labored under the
disadvantage of having the law clearly against him; but he regarded
the equities of the case as entirely on the side of Peltier, and
therefore he devoted his remarkable powers to the discussion of the
general principles involved in the case. It was a plea in behalf of
freedom of the English press—its privilege and its duty to comment on
and to criticise the crimes even of the proudest tyrants. The jury,
under the law, was obliged to convict; but seldom before an English
court has a speech made a greater impression. Of this fact we have the
most conclusive evidence in the testimony of the greatest of English
advocates. Erskine was present during its delivery, and before going to
bed he sent to Mackintosh the following remarkable note:
“DEAR SIR:—I can not shake off from my nerves the effect of
your powerful and most wonderful speech, which so completely
disqualifies you for Trinidad or India. I could not help saying
to myself, as you were speaking: ‘_O terram illam beatam quæ
hunc virum acciperit, hanc ingratam si ejicerit, miseram si
amiserit._’ I perfectly approve the verdict, but the manner in
which you opposed it I shall always consider as one of the most
splendid monuments of genius, literature, and eloquence.
“Yours ever, T. ERSKINE.”
Public-domain text, read in full here on John Shaqi.
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