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Updated: May 26, 2025


It has not pleased God to give you that kind of bodily constitution and mental temperament which is essential to such success. He proceeds to say that, although success in examinations is 'not essential to the great ends of Fitzjames's existence, it is yet very desirable that he should become a good scholar from higher motives such, he adds, 'as are expounded in Bacon's "De Augmentis." He solemnly recommends regular prayer for guidance in studies for which the lower motives may be insufficient.

Fitzjames 'combined these requirements in a wonderful way. Sir F. Jeune makes reservations similar to those which I have had to notice in other applications, as to Fitzjames's want of the subtlety and closeness of reasoning characteristic of the greatest lawyers. He saw things 'rather broadly, and his literary habits tended to distract him from the precise legal point.

I do not wish for a moment to underrate the value of work which has different qualities; but I do think that Fitzjames's merits as a solid inquirer may be overlooked by readers who judge a writer by the brilliance of his pictures and the neatness of his theories. The book covers a very large field. A brief indication of its general plan will show how many topics are more or less treated.

'The injustice, however, is one which does little harm to those who suffer under it, for they are a thick-skinned and long-enduring generation, whose comfort is not much affected one way or the other by the opinion of others. This, like Fitzjames's other bits of self-portraiture, is not to be accepted too literally.

The opinion, too, which he thus expressed was shared by some of Fitzjames's friends, who thought that his masculine force of mind and downrightness of character would have qualified him to lead a party effectively. I shall only say that it is idle to speculate on what he might haw done had he received the kind of training which seems to be generally essential to success in political life.

Fitzjames's chief supporter gave a dinner in his honour, when his health was drunk three times with boundless enthusiasm, and promises were made of the heartiest support on a future occasion. The fulfilment of the promises was not required; and Fitzjames, in spite of occasional overtures, never again took an active part in a political contest.

My brother, in fact, became before long what he always remained, a thorough Benthamite with certain modifications. It was less a case of influence, however, than of 'elective affinity' of intellect. The account of Fitzjames's experience at Cambridge recalls memories of the earlier group who discussed utilitarianism under the leadership of Charles Austin and looked up to James Mill as their leader.

Lord Westbury gave judgment, and, as was said, deprived the clergy of the Church of England of their 'last hopes of eternal damnation. On the last occasion Dr. Williams defended himself. The case increased Fitzjames's general reputation and led to his being consulted in some similar cases, though it brought little immediate result in the shape of briefs.

It is clear from Fitzjames's speeches that he felt much sympathy for the persons who had been placed in a position of singular difficulty, and found it hard to draw the line between energetic defence of order and over-severity to the rebels. He explains very carefully that he is not concerned with the moral question, and contends only that the legal name for their conduct is murder.

Are we bound to treat semi-barbarous nations on the same terms as we consider to govern our relations with France or Germany? Or are we morally entitled to take into account the fact that they are semi-barbarous? Fitzjames's view may be briefly defined. He repudiates emphatically the charge of immorality.

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