the judges, the new Solicitor General opposed the bill. Notwithstanding this, on the 15th of June, it was moved "that the House do resolve itself into a committee of the whole House, on the privately stealing bill." This having been granted, Sir Samuel stated,

"That the question for consideration was, whether private stealing should remain a capital felony, or be rendered a simple larceny. The law as it at present stood, had, he contended, shocked the humanity of prosecutors, of juries, and of judges. The offence which it was the intention of the statute of Queen Elizabeth to prevent, had become more frequent than ever, because the punishment for the offence being too severe, it very often happened, that no punishment at all was inflicted. He asked then, whether a law which encouraged, instead of preventing crimes, ought to be suffered to remain upon the statute book. To the authority of Dr. Paley, he opposed that of Mr. Justice Blackstone, who, in his Commentaries asserts, that the severity of the criminal law increases the number of offences. It struck him as very extraordinary, that in a country, and in a House so wise and humane as this, hundreds were ready to cry out against every attempt to mitigate the criminal law; but if any measure was introduced for the purpose of aggravating its severity, no person was found to object to it. He stated the difference in the value of money, to be another reason for making an alteration in the law. Any other observations which he might have occasion to make, he should reserve for the committee on the bill.

"A clause was then added by the Solicitor General, and the whole was afterwards agreed to stand over to the next session of Parliament."

Sir Samuel Romilly, in person, is tall, thin, and between forty and fifty years of age. His complexion is dark, and his aspect somewhat saturnine, until it brightens up with a smile. He stoops a

little, like all studious persons, and we lament to add, that his health does not appear to be confirmed. This is the less surprising, if it be true, that in term the portion of time dedicated to rest seldom exceeds five hours.

He no longer attends the circuit, but during the course of the summer, takes pretty long journies, for the benefit of air and exercise. Sometimes he is to be met with at Invernesss, in Scotland, and at other times is seen in the road to Radnorshire, in South Wales.

In Lincoln's Inn New Square, and in the Court of Chancery, he is the lawyer, speaking from, or reading and meditating on the brief of a client. But when he has laid aside his bag, gown, and wig, he becomes the private gentleman, and retires to his own house, to reassume the character of the father, the husband, and the master. We rejoice to behold such men acquiring eminence, and look forward with pleasure to the period, when he, who has as yet only tasted of the honours of his profession, without the interposition of any vulgar arts, and resting his claims on his own merits alone, shall enjoy that exalted meed which certainly awaits him.

353

GENERAL SIR JOHN STUART, K. B. and K. C.

(THE HERO OF MAIDA.)

SOME have affected to consider it as a reproach to England, that she has produced so few great military characters. Yet whoever contemplates the nature, position, and inhabitants of our island with a philosophical eye, will easily solve this seeming paradox. Admirably situate for commerce, which is the legitimate parent of naval power, we have attained to an amazing degree of maritime greatness, and upwards of one thousand pendants, flying at the same time, in the Atlantic, the Mediterranean, the Baltic, the East and West Indies, the Channel, and our own ports, attest that no nation on earth, ever equalled us in this point of

view.

But, what constitutes this species of greatness, alinost prohibits every other; for as an insular form, produces the greatest possible quantity of sea-coast in the least possible space, so it absolutely cuts off and precludes all immediate contact with the continent on one hand; while on the other, by affording but a very narrow surface, it confines population to scanty limits.

It is in that continuity of empires, kingdoms, and states, usually denominated Europe, where 1808-1809.

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great land wars have been carried on, and terrible, as well as decisive battles fought. There, nations have been formed, by repeated aggregations, of from sixteen to thirty-five millions of souls; and armies, or rather immense masses of fighting men collected, to the amount of two or three hundred thousand. To move these huge unwieldy engines with celerity and effect, to combine their operations with skill, and enable the whole to act with promptitude and decision, constitutes the maximum of modern generalship.

Fortunately for England, she is exempt from the necessity of having recourse to means like these: for if such were employed for foreign conquest, she must soon be exhausted by unprofitable labours, and for home defence they have not hitherto been called for. Almost constantly engaged in actual war, in some of the extremities of the empire, the centre has happily been long freed from either internal or external commotions. While all Europe has by turns experienced the horrors of invasion, and shuddered at the presence of hostile armies, she alone, for a long period of years, has not felt the unsparing sword of a hostile intruder; for since the year 1746, a single drum has never sounded in anger, in any portion of the island, from Penzance to the Orkneys.

It is evident, therefore, that as in France, circumstances of a peculiar kind have given a military tinge to the complexion and character of the na

tion, so in Britain, from events of a different description, the genius of the people has been directed to maritime exploits.

It is a well known fact, however, that although from the scanty numbers of our troops we have commonly produced partisans rather than generals, yet when opportunities offered, our armies and their leaders have proved themselves to have been formed of exactly the same materials as our fleets and our admirals. James Earl of Stanhope distinguished his abilities under William III., and, with one single exception, conducted himself in Spain with equal ability and success. Charles Mordaunt, Earl of Peterborough, displayed consummate talents for war in the same theatre, while the Duke of Marlborough, a conqueror on the Danube and the Rhine, not only collected, but formed and commanded armies appertaining to different nations, the operations of which were managed with unerring precision, and combined with decisive effect.

It follows, therefore, that it is from want of numbers and opportunity, rather than from any deficiency of military talents, we are to ascribe the limited number of our great officers. Were England, which is said to have been once joined to the continent, by any convulsion of nature, to be once more unfortunately brought in full contact with it, a new order of things would of course take place, and the charac ter of the people assume more of a military hue. Until then we must be content with a petty war▲ a 2