years," said the Chairman" since Mr. Brougham ceased to be one of the citizens of Edinburgh, and since he left them to begin that splendid career of public life which he had so successfully pursued; but he did not then leave them without reflecting upon them the honour of feeling, and of entitling them to say, that though himself of an English family, it was in Edinburgh he had received his whole education. It was in this town that he had formed his carliest, and, there were many who thought, his dearest friends; and there it was that he first established those great, natural, and highlycultivated and acquired powers, which, to his friends who then knew and appreciated them, made it not matter of speculation, but of certainty, that he must inevitably distinguish himself as the highest in any walk of ambition to which his duty or inclination should at any time lead him. How far that perfect conviction of the earliest friends of Mr. Brougham was justified, it was unnecessary for him to repeat this day. Enough was it for them all, to know, that, from that day to this, their accomplished friend had gone on in the display of successive achievements, of such brilliancy, that the preceding one seemed so great, that it was deemed impossible to be surpassed, until the succeeding one eclipsed it with its glory; until at last he exhibited in his pregnant history of mental progress, one of the noblest and most cheering spectacles which a free country could present in her proudest annals-the spectacle of a young man going forth into public life, supported by his principles and talents alone, and triumphing in their independent success. So advancing, too, with

out the advantages of a great private fortune, or hereditary connections, but merely by innate worth

by a sagacious selection of his objects, and the abilities with which he pursued and enforced them, acquiring in this pure and gratifying way an influence over his countrymen, greater, far greater, than was ever obtained on any previous occasion, merely by the single aid of the intellectual resources of a single man."

Mr. Brougham's reply was in a tone of indecent extravagance and rant, which, at a later hour in the evening, might have been accounted for and pardoned, but which was altogether unworthy any man of common sense or common taste.

he

"If he could bring himself," said Mr. Brougham, on such a day as this, to those habits of contentious discussion, to which he was sometimes accustomed, should have to analyze his friend's splendid speech, and object to the whole of his eulogy. But there was one part of that speech which had caused him considerable pain: his friend had talked of the trial' of the late Queen. Never had he (Mr. Brougham), either in public or in private, before heard so great a profanation of the attributes of those judicial proceedings, which by profession and habit he had been taught to revere, than to use the name of trial' when speaking of such an event. It was no trial, he said, and so did the world-the subject was gone by, and not introduced by him-but still the phrase, when dropped, must be corrected, for trial' it was none. Was that a trial, where the accused had to plead before those who were interested in her destructionwhere those who sat on the bench of justice, aye, and pretended to be

her judges, had pre-ordained her fate? Trial,'" continued Mr. Brougham, "I repeat there was, there could be, none, where every channel of defamation was allowed to empty itself upon the accused, borne down by the strong arm of power, overwhelmed by the alliance of the powers and the princedoms of the state, and defended only by that innocence, and that law, which those powers, and those princedoms, united with the powers of darkness, had combined to destroy. Trial it was none, where every form of justice was obliged to be broken through on the very surface, before the accusers could get at the imputed grounds of their accusations. This, forsooth, a trial! call it not so for the sake of truth and law. While that event deformed the page of their history, let them be silent about eastern submissiveness-let them talk not of Agas, the Pachas, and the Beys -all judges, too-at least so they call themselves, while they were doomed to remember, that they had had in their own times ministers of their own Crown, who, under the absolute authority of their own master, consented to violate their own pledge, to compromise and stifle their own avowed feelings, and to act as slaves, crouching before the foot-stool of power, to administer to its caprice. Let them call that a trial which was so conducted, and then he would say the Queen had been tried, at the time when he stood for fifty-six days witnessing the sacrilegious proceeding. Did he now, for the first time, utter this description of its character? No, no; day after day did he repeat, in the presence of all the parties, and dared them to deny the imputation -he dared them then, but not

now, lest he should be forced to see the same faces in the same place once more, professing to exercise the same functions. If it were in his power to repeat in their hearing now, what he had said in their presence before, they might indeed, call that a trial in his case, which they had called it in the other, but to whom it looked not like a chamber of justice, but rather the gloominess of the den-not indeed of judgment, for he could not liken it to such, but rather to others-[here Mr. Brougham paused]-but, no, he could not sustain the allusion, lest, perchance, for the very saying of it, for he could not be prevented from thinking of it so, he should again have to submit to the test of power-an alternative which his veneration for the constitution of his country, and its honour,, forbade him to precipi

tate.

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"How many long years," said Mr. Brougham, in a subsequent part of his address, "had they not seen, when to be an Englishman on the Continent, was a painful, if not degrading condition? meant during that dark and murky night of power, when the machinations of the family of the tyrants of Europe were at work, and when they could reckon upon the minister of England as silently suffering, nay, permitting, their deadly march against the liberties of mankind. England then had her fair name degraded by being considered as the abettor of every tyrant's plan for the subjugation of his subjects. Then was the time when no despot could open his glaring eye, flashing with vengeance for his prey, without catching the glistening eye of the suppliant British minister. Then was the time when no tyrant could hold out his hand after shak

ing in it the chains which he had forged to bind and excoriate his people, without its meeting the cordial grasp of friendship of the British minister. Then was the time when the oppressor stalked abroad, with the countenance of the rulers of that land which was called the champion and protectress of the free-then did horrid tyranny, more grim in its blasted action, than even in the vices of its original debasement, disfigure the fair face of Europe, while linked and leagued (O, shame upon the pen of history!) with the freest government upon earth, to which, nevertheless, the tyrant never turned his glance, or stretched his hand in vain, during such disastrous times. That black and disgraceful night of intellect and freedom had now gone down-the sky was clear, and the view was changed into a brighter prospect. Now," continued Mr. Brougham, we can speak out, and look abroad with clear vision. What man is there now, I ask, in half-represented England-in unrepresented Scotland-aye, where and which of you, in either country, or even in tortured, insulted, and persecuted Ireland-where, I say, can the man be found, who dared look forth in the broad face of day-who dared to raise his voice before his fellowmen and say, 'I befriend the Holy Alliance?' Not only, I repeat, is there no such man, I will not say so wicked, but so childish-I will not say so stricken with hostility to free principles, as so bent upon the destruction of his own individual character, in the whole walk of society, as to avow such sentiments. O, no, not out of Bedlam could we find him: hardly there, save in the precipitation of a maniac's rage, could we behold a being in

the shape of a man, to stand up and say, 'I am the friend of the Holy Alliance.' If there be the man where freedom shines, who could look with complaisance on the accomplished despot who fills the Calmuc throne-who can behold with meekness that specious and ungrateful imbecility, which promised first, and then refused, free institutions to the Germans who had bled and died in thousands to restore his throne-if there be any man who can approve the scourge of fair Italy, and the tyrant of Austria-if there be, I repeat, any such man so reckless of himself as (not to admire, or approve, for that is out of the maddest rage of speculation, but even) to tolerate the mere mention of the name of that cruel tyrant of his people at home-the baffled despot, thank God, of South America; but whose sway it pleased Providence still to permit at home, and to suspend for a short season the doom of that nameless despot-if there be a man, I say, so monstrous and unnatural as to approve of these royal minions, then it was a consolation to know that he had the grace to confine his thoughts to the regions best adapted for their culture, to lock them up in the innermost recesses of the offices of State, or confine his silent migrations to the merest purlieus of the court, or perchance to lurk 'behind the arras,' to live there among the congenial vermin which were its natural tenants; and there to gloat upon the merits of Alexander, Frederick, Francis, or Ferdinand-have I named him?— among the spiders, the vipers, the toads, and those who hated the toads-the lizards. To such an association and contact were these lovers of despots confined; not a word of approbation from any mem◄

ber of the government could be extorted for them. He had often seen much ability and ingenuity devised and exercised to endeavour to get out even a smooth word in favour of the Holy Alliance in parliament; but no, the attempt was fruitless-all cheered the sentiments which were breathed against these tyrants. So that whoever loved them behind the arras,' had at least, if not the better principle, the better taste; was, if not better in demeanor, at least more ashamed in practice to avow himself as their champion, and rather to prefer to hide himself from that sun of day which would almost feel disgraced by being compelled to shine upon him in common with the better part of mankind."

7. MAIDSTONE.-Poolly v. Pybus.-This was an action for maliciously, and without any reasonable cause, suing out two several commissions of bankrupt against the plaintiff.

The leading features of the transaction were these:-The parties respectively carried on the business of coal, corn, and timber merchants, and occupied premises near to each other. The plaintiff had been longer established in business than the defendant: and it was alleged that the defendant, envying the plaintiff's prosperity, resolved, by suing out an unfounded commission of bankrupt, to effect his ruin, in the expectation that he would acquire the plaintiff's business and connexion. In the latter part of 1823, there had been some dealing between them for timber, and the plaintiff became indebted to the defendant to the amount of 140l., for which a bill of exchange at four months was given. Before the bill became due, the defendant sued out a com

The

mission of bankrupt, but it appearing upon inquiry that he had discounted the bill, so that it was not in fact in his possession at the time the docket was struck, the commission was superseded. The defendant next redeemed the bill of exchange from the hands of his bankers, and then sued out a second commission on the same debt, although the bill had not then arrived at maturity. Under this second commission, the messenger came down to Maidstone, seized all the plaintiff's effects, and put a complete stop to his business, which at that time appeared to be in a thriving condition. consequences were most serious as they affected his credit and connexion. In consequence of the warm remonstrances of the plaintiff's friends, who assured the defendant that he was in perfectly solvent circumstances, and that there was no pretence for making him a bankrupt, it was agreed that this commission should be superseded, but not in time to prevent the mischief and injury of which the plaintiff now complained. The plaintiff had been put to considerable expense in superseding both commissions, and proved an actual disbursement of more than 400l. in contesting the proceedings. Under these circumstances the action was brought. In order to sustain the two material allegations of malice, and want of probable cause, a considerable body of evidence was given. Proof was adduced that the defendant, prior to the suing out of the first commission, had expressed great envy of the plaintiff's prosperity, and was desirous of gaining an insight into his trade and connexions; and that after the failure of the first commission, and upon the issuing of the second, he

had declared a malignant satisfaction, and used such expressions as these "D-n the fellow, I have fixed him now, and will stick to him," &c. It was proved, that no less than five tenders or offers to pay the bill before it was due, were made, but refused by the defendant, although on one of the occasions the money was counted out at his own request. From the nature of the plaintiff's trade, he was frequently absent from Maidstone, and in his absence his business was managed by his wife, who was represented to be an extremely active and intelligent woman, and more conversant with accounts than her husband. About the time when the commissions were sued out, the plaintiff was from home for a period of several weeks. It was proved, that this was occasioned by journies to Ipswich and London, on business, and to Wales, to attend his mother's death-bed. Every day of that period was accounted for, and it was shown that his absence did not arise from any embarrassment in his circumstances, or a desire to avoid his creditors. When in London, he was daily seen on the Corn-Exchange, and at the inn, in the Borough, frequented by the Maidstone people. Evidence was also given, that, at the very time when the commissions were sued out, he was in perfectly solvent circumstances, and was worth 8,000l. or 9,000l. in property, real and personal.

On the part of the defendant, the case was, that, the plaintiff having left his home at the period above-mentioned, rumours became prevalent that he had gone away to avoid his creditors; and that the defendant, really and honestly believing the rumours to be true,

had sued out commissions, merely to secure his debt; that he inquired of the plaintiff's wife, whether he would return, and gave notice, that if he did not return within a reasonable time, he must strike a docket. It was proved, that, on the 8th December, he had an interview with Mrs. Poolly and a gentleman named Carter, a mutual friend, and then promised that if she would undertake for her husband's appearance, he would send to town and stop the striking of the second docket, for which he had given instructions. In consequence of this arrangement, he went up to town next morning for that purpose, but arrived just five minutes too late, the docket having been struck. Several discarded servants of the plaintiff were called, to prove, that their master's horses were starved, and that he could not get credit for corn to feed them. One of these persons had been in the defendant's service ever since the bankruptcy. Other persons, many of them common labourers, gave it as their opinion that the plaintiff had no occasion to be absent at Ipswich or in London on business, inasmuch as he did not appear to have any business to do. Two or three dishonoured bills of exchange were produced for the purpose of showing that the plaintiff was in embarrassed circumstances, and not able to pay his Upon one of them it appeared that the plaintiff disputed his liability, and it turned out that they were all, in point of fact, afterwards paid.

way.

Evidence was given in reply, that the plaintiff might have had credit for corn from several respectable corn-chandlers in Maidstone, and that the delay in taking up the bills above mentioned did not arise from insolvency.