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self; as, for a gross example, to put in evidence a forged deed or will, knowing it to be so forged. As to mere confounding witnesses by skilful cross-examination, I own I am not disposed to be very strict. The whole thing is perfectly well understood on all hands, and it is little more in general than a sort of cudgel-playing between the counsel and the witness, in which, I speak with submission to you, I think I have seen the witness have the best of it as often as his assailant. It is of the utmost importance in the administration of justice that knowledge and intellectual power should be as far as possible equalized between the crown and the prisoner, or plaintiff and defendant. Hence especially arises the necessity for an order of advocates, men whose duty it ought to be to know what the law allows and disallows; but whose interests should be wholly indifferent as to the persons or characters of their clients. If a certain latitude in examining witnesses is, as experience seems to have shown, a necessary mean towards the evis

ceration of the truth of matters of fact, I have no doubt, as a moralist, in saying, that such latitude within the bounds now existing is justifiable. We must be content with a certain quantum in this life, especially in matters of public cognizance; the necessities of society demand it; we must not be righteous overmuch, or wise overmuch; and, as an old father says, in what vein may there not be a plethora, when the Scripture tells us that there may under circumstances be too much of virtue and of wisdom?

Still I think that, upon the whole, the advocate is placed in a position unfavourable to his moral being, and, indeed, to his intellect also, in its higher powers. Therefore I would recommend an advocate to devote a part of his leisure time to some study of the metaphysics of the mind, or metaphysics of theology; something, I mean, which shall call forth all his powers, and centre his wishes in the investigation of truth alone, without reference to a side to be supported. No studies give such a power of distinguish

ing as metaphysical, and in their natural and unperverted tendency they are ennobling and exalting. Some such studies are wanted to counteract the operation of legal studies and practice, which sharpen, indeed, but, like a grinding-stone, narrow whilst they sharpen.

November 19. 1831.

ABOLITION OF THE FRENCH HEREDITARY PEERAGE.

I CANNOT say what the French peers will do ; but I can tell you what they ought to do. "So far," they might say, "as our feelings and interests, as individuals, are concerned in this matter if it really be the prevailing wish of our fellow-countrymen to destroy the hereditary peerage—we shall, without regret, retire into the ranks of private citizens: but we are bound by the provisions of the existing constitution to consider ourselves col

lectively as essential to the well-being of France: we have been placed here to defend what France, a short time ago at least, thought a vital part of its government; and, if we did not defend it, what answer could we make hereafter to France itself, if she should come to see, what we think to be an error, in the light in which we view it? We should be justly branded as traitors and cowards, who had deserted the post which we were especially appointed to maintain. As a House of Peers, therefore, as one substantive branch of the legislature, — we can never, in honour or in conscience, consent to a measure of the impolicy and dangerous consequences of which we are convinced.

"If, therefore, this measure is demanded by the country, let the king and the deputies form themselves into a constituent assembly; and then, assuming to act in the name of the total nation, let them decree the abolition. In that case we yield to a just, perhaps, but revolutionary, act, in which

we do not participate, and against which we are, upon the supposition, quite powerless. If the deputies, however, consider themselves so completely in the character of delegates, as to be at present absolutely pledged to vote without freedom of deliberation, let a concise, but perspicuous, summary of the ablest arguments that can be adduced on either side be drawn up, and printed, and circulated throughout the country, and then, after two months, let the deputies demand fresh instructions upon this point. One thing, as men of honour, we declare beforehand- that, come what will, none of us who are now peers will ever accept a peerage created de novo for life."

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November 20. 1831.

CONDUCT OF MINISTERS ON THE REFORM BILL.

THE present ministers have, in my judgment, been guilty of two things, pre-emi

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