Chapter V: Last Years at the Bar (5)

[Footnote 140: P. 82.]

[Footnote 141: P. 84. The quotation is not quite accurate.]

[Footnote 142: Pp. 105-107.]

[Footnote 143: P. 109.]

[Footnote 144: P. 92. In the first edition the 'ignorant preacher' was a 'wretched little curate.' A rougher but more graphic phrase.]

[Footnote 145: There is here a discussion as to the relations between 'justice' and 'utility' upon which Fitzjames agreed with Mill. I dissent from both, and think that Fitzjames would have been more consistent had he agreed with me. I cannot, however, here try to unravel a rather knotty point.]

[Footnote 146: P. 232.]

[Footnote 147: P. 334.]

[Footnote 148: P. 125.]

[Footnote 149: P. 69.]

[Footnote 150: P. 370.]

[Footnote 151: P. 294.]

[Footnote 152: P. 300.]

[Footnote 153: P. 288.]

[Footnote 154: P. 300.]

[Footnote 155: I repeat that I do not ask whether his interpretation be correct.]

[Footnote 156: Pp. 49-60.]

[Footnote 157: P. 302.]

[Footnote 158: P. 287.]

[Footnote 159: P. 132.]

[Footnote 160: P. 75.]

[Footnote 161: P. 295.]

[Footnote 162: P. 343.]

[Footnote 163: P. 354.]

[Footnote 164: Bain's _J. S. Mill_, p. 111.]

[Footnote 165: _Digest of Law of Evidence_, preface.]

[Footnote 166: I have to thank Mr. A. H. Millar, of Dundee, for some papers and recollections referring to this election.]

[Footnote 167: They were substantially republished in the _Contemporary Review_ for December 1873 and January 1874.]

[Footnote 168: See prefaces to _History of the Criminal Law_ and to the _Digest of the Criminal Law_.]

[Footnote 169: The introduction is dated April 1877.]

[Footnote 170: Preface to _History of Criminal Law_.]

[Footnote 171: 'Jenkins _v._ Cook,' _Law Reports_, Probate Division, i. 80-107.]

[Footnote 172: 'Clifton v. Ridsdale,' _Law Reports_, Probate Division, i. 316-367; and ii. 276-353.]

[Footnote 173: 'Hughes v. Edwards,' _Law Reports_, Probate Division, ii. 361-371.]

[Footnote 174: B. November 8, 1831. d. November 24, 1891.]

[Footnote 175: Some account of the reports of these Commissions is given in the _History of Criminal Law_, ii. 45-58, 65-72. The Fugitive Slave Commission was appointed in consequence of a case in which the commander of an English ship in a Mohammedan port was summoned to give up a slave who had gone on board. A paper laid before the Committee by Fitzjames is reprinted in the first passage cited. He thinks that international law prescribes the surrender of the slave; and that we should not try to evade this 'revolting' consequence by a fiction as to the 'exterritoriality' of a ship of war, which might lead to unforeseen and awkward results. We ought to admit that we are deliberately breaking the law, because we hold it to be unjust and desire its amendment. He signs the report of the Commission understanding that it sanctions this view.]