Chapter XV: Law and Literature (2)

The diction of a good composition is [Greek: lexis katestrammeon], the diction of a speech is [Greek: lexis eiromeon]. I cannot understand how the senators or the Roman plebs could follow or endure the elaborate periods of Cicero, if they were delivered as written. I am sure with the funeral oration of Pericles, a common audience would have sat with mouths open, incapable of following a single sentence. So also with the orations of Livy. In fact, if the speeches delivered in the Roman Senate or the Athenian Forum were anything like the speeches reported, to listen to them must have been a great strain upon the mind and attention of the hearer.

I am writing to you whilst a learned counsel is arguing, but whose words and meaning are so obscure and involved that I am much in the condition of my supposed [Greek: aplous hakroataes] of the funeral oration.

The Journal goes on to speak of a subject of peculiar literary and historical interest.

_April 11th_.--Started with Christine and Circourt for Paris _via_ Havre, and at Rouen paid a visit to the Cardinal-Archbishop (Bonnechose).

The publication in 1864 of three volumes of the letters of Marie Antoinette, under the title 'Louis XVI., Marie Antoinette et Madame Elisabeth. Lettres et Documents inedits;' publies par F. Feuillet de Conches, and of another volume--' Correspondance inedite de Marie Antoinette. Publiee sur les Documents originaux;' par le Comte Paul Vogt d'Hunolstein--had excited a keen controversy, in which one party, led by Professor von Sybel, the historian of the Revolution, maintained that the letters were forgeries. On the other hand, Reeve wrote an article for the 'Edinburgh Review' of April 1866, on the 'Correspondence of Marie Antoinette' in which he argued that the letters edited by M. d'Hunolstein were of very doubtful authenticity, but that those of the larger work of M. Feuillet de Conches were genuine. His visit to Paris gave him the opportunity to make a further examination, of which, and his interview with Sybel, he wrote a curious account.

_Sunday, April 15th_.--I called on M. Feuillet de Conches, the editor of the Marie Antoinette letters, whose authenticity is impugned, and on leaving his house I called on Lavergne, where I met M. de Sybel, the German professor, by whom these charges have been most actively brought and disseminated. I found that M. de Sybel, though in Paris, had not seen anything of Feuillet's collection, though he had publicly stated that he was going to Paris to clear up the whole story. Upon this I assured him (as was the fact) that I knew Feuillet would receive him with the utmost courtesy, if he would call upon him, and would show him anything and everything in his collections bearing on this matter; and as he appeared to hesitate, I offered myself to conduct and introduce him. Upon this he hesitated still more, and at last said that the fact was that his mind was so fully made up on the subject, and his conviction that these documents are forged is so complete, that no amount of ocular evidence would shake it, and he should only conclude that the author of these fabrications was a very skilful fellow.

Upon this I desisted from any further attempt to bring M. de Sybel acquainted with M. Feuillet's collection, but I made this note of the conversation (which took place in the presence of M. de Lavergne) to show how strong M. de Sybel's prepossessions are. I have myself again examined the documents, and though I have doubts as to one or two of them, said to proceed from the Abbe Vermond's papers, I see no reason to disbelieve the genuineness of the vast majority of the letters of the Queen which Feuillet possesses.

Home on April 26th.

_May_.--Dr. Watson said, dining at the Literary Club, that he had been present at the death of Lord Palmerston. He retained his usual courtesy and cheerfulness in his last illness, and when Lady Palmerston came into the room he kissed his hand to her. The immediate cause of his death was his taking a walk on the terrace at Brocket without his hat. The apothecary remonstrated--upon which he said: 'Oh! it's only what the bathers call taking a "header."' As the hour of dissolution approached he lost his consciousness, but still spoke occasionally. His last words were (apparently as if his mind was at work on a treaty) 'That's article ninety-eight; now go on to the next.' Very characteristic end.

_From M. Guizot_

_Val Richer, June 9th_.--I had little doubt of the war, and I now consider it as begun. With the exception of the Italians and M. de Bismarck, everyone is entering on it with regret and uneasiness. I have never known France so unanimous in the desire for peace; but notwithstanding the injury to our interests and the shock to our opinions, the country has no confidence in its right to resist, and has lost the habit of it. There will be grumblings and prophecies of misfortune, but there will be no opposition; and if there should be any military success, followed by territorial aggrandisement, people will forget their ill humour, and will even applaud a little, but always without confidence. It is impossible to stray with impunity from the path of sound policy; as soon as we leave it, we enter on the wrong path and advance by that. In this life it is not possible to remain stationary.

I understand your political attitude. There is no reason why you should take part in the struggle; but what I do not understand, what I regret, is the manifest uncertainty of your opinions. Not only do you do nothing, but you seem as if you did not know what to believe. As lookers-on you are undecided, as actors you are inert. In the state of trouble and weakness in which the intelligence of Europe is now plunged, you, simply by letting your opinions be clearly seen, by the directness of your language, might have an enormous influence on the course of events. But in England, as everywhere else, the idea of moral force seems lost. It is true that such idea requires a knowledge of what one thinks, and of what one desires. It is possible not to give material support to a cause, but it is necessary to have one.

In any case, I am extremely glad that Lord Clarendon remains at the Foreign Office. He will, perhaps, see more clearly, will act with less want of foresight than others. Is it true that, on account of the state of affairs on the Continent, there is in England a tacit suspension of hostilities between the two parties, and that the Cabinet is no longer seriously attacked?...

Je suis charme que le second volume de mes 'Meditations' vous ait interesse. Je ne sais pas le nom de la personne qui fait, dans 'l'Edinburgh Review,' un article sur le premier volume. Dites-moi si elle aurait quelque envie de parler du second, et si vous voulez que je vous en fasse envoyer, pour elle, un exemplaire. Most cordially yours,

GUIZOT.

War broke out between Prussia and Austria in June.

_June 9th_.--Party down to Gravesend by water to see the Hudson's Bay Company's ships. Dinner at Gravesend.

_July 13th_.--To Aix-la-Chapelle by way of Paris. Heard Mignet read his notice of Tocqueville at the Institute. Spent a fortnight at Aix, and visited Bruges in our way home.

_August 11th_.--Went to Novar, by Perth. Thence to Braban, to Ardross, and to Foss, where Lord Kingsdown had taken a moor. Then to Dunnichen; called at Glamis and Kinnaird Castle. Then to Eaith, and to Lord Belhaven's at Wishaw; the Warwicks and Sir A. Alison there. Home on September 17th.

_To Mr. Dempster_

_Dunnichen, September 10th_.--Your kind letter from Paris reached me at Novar, at the precise moment when I was about to take the field with the new laird on August 13th. It gave me real pleasure to have something of your company on that day; and when we had reached the back of Fyrish, and could command the Dornoch Firth and the hills beyond it, even to Dunrobin, I looked with affectionate eyes to the woods of Skibo.

The season has been favourable. Raith and I--neither of us a first-class walker--killed seventy brace on the Monday, and I got thirty brace alone on several succeeding days. From Novar we went to Brahan, where everything is as lively as usual, and Seaforth in great force,... I then joined Lord Kingsdown at Foss, on Loch Tummel, a delightful place in the centre of the Perthshire Highlands, where you see all Scotland at your feet, from Ben Nevis to Lochnagar. By this time the grouse were becoming wild, and we had descended to fifteen or sixteen brace a day, but we had a splendid drive of blue hares, and slew 367 of them. I then came on here, where I find a most comfortable house, a most kind reception, and a most sociable neighbourhood.... All in short is extremely pleasant, and it is most agreeable to see George so perfectly in his place, and at the head of a well-managed estate....

_From Lord Westbury_

_September 5th_.--I am anxious, before I leave for the Continent, to know if I can be of any service at the sittings of the Judicial Committee. My present purpose is to go to Biarritz, and thence to Italy. But if I can be of utility, and am really wanted, I would return from Biarritz by November 1st, and could devote the whole of November to diligent attendance on the Judicial Committee. I am sorry that I cannot offer to attend during December, as matters of a pressing nature will then require my presence in Italy.

It is, I think, very desirable that the sittings of the Judicial Committee should be certain and continuous at and during a considerable portion of the year; and I should be glad to see the practice adopted of its beginning to sit on November 1st in every year, and continuing its sittings until Christmas if required. You will know whether the state of business at present renders this desirable....

Lord Justice Knight Bruce is a great invalid, and it is hardly fair to expect that, after a laborious term, the Lords Justices should at once commence sitting at the Privy Council. These considerations induce me to write to you. But you will fully understand that, if it is possible to do without further aid, I shall be much obliged to you not to accept my offer. I shall not write to the President or the Lord Chancellor until I have heard from you.

_To Lord Westbury_

_C. O., September 28th_.--Under the peculiar circumstances of the present year and the state of business in the Court, the Lord Chancellor thinks it right to acquiesce in your lordship's suggestion that the Judicial Committee should sit one month earlier than usual in order to dispose of the existing arrear of causes. The Lord Chancellor is, however, of opinion that this sitting in Michaelmas term should be regarded as exceptional and not to be drawn into a precedent, and that it will be expedient hereafter to adhere to the established practice and to the order in Council which directs the sittings to be held after each term. For many years the sittings have been invariably so held in December, February, and June and July; and at each sitting the whole of the business ready for hearing has been disposed of. The only exception to this order occurred last summer in consequence of the illness of Sir James Colvile; and the consequence is that (for the first time for many years) there is now an arrear to be disposed of. Your lordship's timely assistance will, however, enable the court to clear off this arrear by this extraordinary sitting; and it is not to be anticipated that the same necessity will occur again, although it undoubtedly exists at the present time. When November 1st approaches, I shall have the honour to send the printed cases and the usual summons to your lordship's residence in London, and I shall give ample notice to the parties that the Judicial Committee will meet for the despatch of business on that day.

_From Lord Chelmsford_[Footnote: At this time Lord Chancellor.]

7 Eaton Square, October 3rd.

Dear Reeve,--Lord Westbury's letter is satisfactory. Your communication to him, which was highly judicious, has contributed mainly to put things on the right footing.

Knight Bruce's state of health, following upon what I should think must have been for some time his felt incapacity for work, ought to be a warning to him to terminate a life of useful labour by an honourable retirement. If the hint is lost upon him, he will be a great impediment to the efficiency of the Judicial Committee.

I suppose the temporary assistance of Lord Westbury will not dispense with the necessity of providing some permanent addition to the strength of the tribunal. Your suggestion as to Vice-Chancellor Kindersley quite met my views, and I suppose might still be carried out with advantage. Of course I can do nothing of this sort without Lord Derby's sanction, and therefore I should like to have your confirmation of my opinion that this is the best plan that can be resorted to for the present, before I communicate with him on the subject. A letter sent to my house will be forwarded in my box which I receive daily. Yours sincerely, CHELMSFORD.

The Journal notes:--

Visits to Sparrow's Herne and to Shendish (Charles Longman's), Parnborough and Torry Hill. The Judicial Committee sat early-November 1st.

_November 8th_.--Lord Westbury, Froude, Lecky, Mrs. Norton, Bayleys, Simpson, and Longman dined with us. It was very amusing. [Mrs. Reeve wrote of it as 'brilliant;' and of Lord Westbury as resembling Falstaff and Lord Bacon rolled into one.]

The earliest critical notice of the battle of Lissa, fought on July 20th, appeared in the 'Revue des deux Mondes' of November 15th. It was at the time, and has been ever since, generally attributed to the Prince de Joinville; an error which gives the following letter a more especial interest, though it may be thought doubtful whether the suggestion offered by the Prince was correct:--

_From the Prince de Joinville_

Woodnorton, 22 novembre.

Mon cher Monsieur Reeve,--Mon frere Aumale vient de me communiquer votre aimable lettre, a laquelle je m'empresse de repondre. Les eloges que vous donnez a l'auteur de l'article sur Lissa sont tres-merites, car le travail est tres-interessant; mais ils ne sont pas pour moi, car je suis _completement_ etranger a la paternite de ce remarquable morceau, auquel je ne reproche qu'une chose--la severite de ses jugements sur un homme dans la position de Persano.

J'ignore absolument le nom de l'auteur; mais le style elegant, la precision des informations et quelques details d'opinion que je ne partage pas m'avaient fait supposer que nous devions attribuer a Jurien de la Graviere le travail en question. En tous cas, quelque soit l'auteur, je demande a tous mes amis de lui renvoyer le merite et la responsabilite qui lui appartiennent.

Croyez toujours, Monsieur, a mes sentiments d'amitie.

FR. D'ORLEANS.

_To Lord Westbury_

_G. O., November 28th_.--I received the revised judgements yesterday, and have sent them to the printers for correction. I will take care that your emendations are carefully made, and I will again look them all carefully over. Unless I hear again from you to the contrary, I do not understand that you wish to see another revise of them (as it is termed) before they are issued.

In spite of your own preference for the 'wild freshness of morning' and all the dewdrops hanging on the roses, I must be allowed to assure you that, in my poor judgement, they are improved by this severe revision, and that the judicial style is, like Musidora, when 'unadorned adorned the most.' Of that style I think these judgements will be quoted hereafter as masterly specimens.

_From Lord Kingsdown_

Torry Hill, Sittingbourne: January 7th, 1867.

My dear Reeve,--I have read your paper, and have no hesitation in saying that I think the smallness of your salary quite a scandal and a disgrace to the Court of which you are so important an officer. Knowing as I do the past services which, during a period of more than twenty years, you have rendered to the board, whilst its position has been gradually settling, I should say that 2,000 L. a year would be not at all more than a fair remuneration to you during the remainder of your term of office. If the country could be certain, by the same salary, of securing an equally efficient successor, I should think it money well laid out. Your duties are of a very peculiar character; and often require, in addition to the qualities required for the discharge of the ordinary routine duties of a registrar, others of a much rarer description. The correspondence with the different tribunals whose decisions are reviewed, and with the different departments of the Government, which are sometimes disposed to shift to the Judicial Committee the determination of matters not properly belonging to it, demand not unfrequently the exercise of great tact, discretion, and delicacy. But unfortunately a large salary does not always secure services of corresponding value, and sometimes, I am afraid, rather has an opposite tendency, and operates as a temptation to jobbery. On the whole, I should say that 1,500 L. a year would be a fair offer to a new man; but I think that the Treasury should have the power to increase it to any amount not exceeding 2,000 L. after ten or fifteen years' service, on the recommendation of the committee.

The next letter, from Lord Wensleydale, is interesting as a piece of verbal criticism; showing, also, how a pilot in avoiding Scylla may easily run his bark into Charybdis, or how a writer, whilst objecting to a harmless 'firstly,' may perpetrate an atrocious 'differ with.'

Ampthill Park, January 31st.

My dear Reeve,--I was much pleased to hear that 'firstly' was an error. I hope you will take some course to indicate your judgement--'a very best authority'--and to prevent the 'Edinburgh Review' giving the word its high authority. I have taken every opportunity to amend Acts of Parliament when I find the error in Dom. Proc. I have a sort of mania on the subject.

I have not had an opportunity of looking at the Bishop of Oxford's case. I differ with him entirely about the Banns case, and, between ourselves, think he is oily and saponaceous.--Yours ever sincerely,

WENSLEYDALE.

The following, from Professor--afterwards Sir Richard--Owen, seems to refer to a proposed review of the Duke of Argyll's 'Reign of Law,' and possibly, also, of the Rev. Edwin Sidney's 'Conversations on the Bible and Science.' Whether Owen was too drastic in his methods or not does not certainly appear; but, for some reason, the article was either not written or not published, though the friendly relations between Owen and Reeve remained unaffected.

Sheen Lodge, Richmond Park, March 9th.

My dear Reeve,--The end and aim of the 'Reign of Law' is to exalt our conceptions of its head, and to destroy pretenders to the throne. The Duke has shown, as you observe, caution in avoiding the latter application. But the old 'Edinburgh' was once eminently iconoclastic, and its reputation still floats on the brave work of its youth. I fear, too we should have lost some best bits and hits of dear old Sydney had his editor been too precise in defining a personality. As to the other old Sidney, I, too, know him well; his libellus _is_ small game, but it is the type of a class doing much mischief. You think I have been too outspoken. Believe me, it is only a question of time; and _you_ will speak out quite as plainly when the 'Forlorn' has made the breach safe. But one would wish to see the 'Blue and Yellow' in the post of honour.

I had misgivings at the first that I might be unfit for your want. My time draws on, and, under a sense of responsibility for its use, I cannot write platitudes.

Sincerely yours,

RICHD. OWEN.

The Journal for 1867 begins with--

Usual engagements in the early part of the year. Circourt came in April, and we went together to Norwich.

To Paris in April. Met Mrs. Grote and Hayward on the road. Morny gave me a card to see the Great Exhibition before it opened. A great banquet at the Embassy on the 25th. On the 30th with Chevalier to Lemaire's fabrique. He gave me my aluminium binocle. Ball at the Marine. Dined at Julian Fane's. [Footnote: The secretary of the embassy.] Binet came to Paris from Geneva. May 6th, went to see Thiers on the last evening. May 7th, dined with Mon, the Spanish ambassador. Home on the 8th.

_May 11th_.--Some of the Novar pictures were sold. I bought my Cuyp, small Claude, P. Veronese, Watts, Rubens' drawing, Palma Vecchio, and some small ones.

Visit to Torry Hill in June, but Lord Kingsdown was dying. [Footnote: He died on October 7th.] I took De Mussy down to see him. I went there again in July.

_From Lord Kingsdown_

_Torry Hill, June 26th_.--It is most kind in you to write to me as often as you do, and always whenever you have anything agreeable to tell me. Both your last letters are full of such matter. It is inexpressibly pleasing to me to receive so many marks as I do of the kindness and affection of my friends; and if any or all of those who professed a disposition to come and see me would do so, I should be delighted to receive them, collectively or individually. I have a letter from Cranworth this morning, most kindly offering to come down here on Saturday next. If you could look up and send down anybody as a companion to him, it would be more agreeable to him and to me. Possibly Peel [Footnote: Sir Lawrence Peel.] might be induced to come.

I have not, of course, the face to ask you to come down on Saturday, but I hold you to your promise to see me again here before you go to the North.

I am, truly and gratefully yours,

KINGSDOWN.

The Journal mentions some of the functions of the season.

_June 27th_.--Dinner at home to the F. Stanleys, [Footnote: The present Earl and Countess of Derby.] Mme. Mohl, Seaforth, Lecky, Blumenthal, T. Bruces, Fords remarkably pleasant.

_29th_.--Dinner at the Duc de Chartres', at Ham. The Russells, Clarendons, Saxe-Weimars, Waldegraves, A. Kinnaird.

_July 10th_.--Holland House garden party. Lady Derby's party to the Pasha of Egypt. On the 19th, grand ball, at the India Office, to the Sultan.

_From Lord Cairns_

5 Cromwell Houses, South Kensington, July 17th.

Dear Reeve,--I enclose the Indian judgement, revised, and also the 'Agra' judgement [Footnote: A case of collision in the Channel between the ship 'Agra' and a bark, 'Elizabeth Jenkins.' The judgement was delivered on the 20th by Sir William Erle.] with a few verbal alterations. I am sorry I cannot deliver the latter; but the state of our work in Chancery is such that the sittings cannot be well curtailed, even for an hour. I trust some member of the board, with a strong nautical twang, will be so good as to deliver it; and if the speaker could but adopt that hitch of the trouser which made Lord Clarence Paget so effective in the House of Commons, it would, I have no doubt, add much to the effect of a composition otherwise so tame.

Yours faithfully, CAIRNS.

_From Lord Kingsdown_

_Torry Hill, July 30th_.--I hear you are starting for Scotland the end of this week, and I cannot let you go without repeating to you once more my earnest and most cordial thanks for the great kindness which you have shown to me during my long sickness, both in constantly writing to me and in many other ways. I wish I had a letter from you this morning, for the upshot of what passed last night in the House of Lords far passes my comprehension. If you should find occasionally a leisure half-hour, and will employ it in informing me of your proceedings on the moors, I shall be very grateful.

I think it not impossible that in the course of your wanderings you may fall in with Jowett. If you do, pray explain to him how very sensible I was of his friendship in offering to come down here to see me, and how very much I was mortified at being obliged to decline his offer. In my present condition, it is absurd even to suppose plans for the future; but I do not _quite_ despair of seeing you here during this next partridge or pheasant season.

The Journal mentions that--

Gladstone agreed to write the political article for the 'Edinburgh' in October. It was called 'Sequel to the Session.' Curious conversation with him about the Irish Church.

_August 3rd_.--Went down to Weybridge to see Mrs. Austin. It was the last time, for she died on the 8th, when I was at sea, on my way to Scotland. We arrived at Aberdeen on the 9th, and learned it there. To Novar and Ardross, where good shooting. Then to Uppat, boating and fishing with the Duke of Sutherland, George Loch, and Forsyth.

We went from Uppat to Brahan; then to Dunnichen and Springfield, a place near Roslyn the Dempsters had taken. Then to Abington and home.

_From M. Guizot_

Val Richer, 15 Aout.

My dear Sir,--Sir Alexander Gordon m'avait annonce la perte que nous venons de faire. Je dis nous, car Madame Austin etait pour moi une vraie et intime amie. Je l'ai connue dans mes joies et mes tristesses, dans mes succes et mes revers. Je l'ai trouvee toujours la meme, la meme elevation d'esprit, le meme coeur sympathique et devoue. Je n'esperais plus la revoir; je le lui disais dans la derniere lettre que je lui ai ecrite, et en me repondant il y a un mois, elle me disait presque adieu. Mais la distance est grande entre l'adieu annonce et l'adieu reel. Sa mort est pour moi un vrai chagrin. Et pour mes filles aussi, a qui elle a temoigne tant d'affection et de bonte.

J'ai prie Sir Alexander de m'envoyer la meilleure gravure en photographie qui existe d'elle. Envoyez moi aussi, je vous prie, ce qui sera publie sur son compte, et ajoutez y tous les details que vous recueillerez.

Sadly and sincerely yours,

GUIZOT.