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Updated: May 17, 2025
I need not give any account of these articles, but I may notice a personal connection which was involved. At this time Mr. Froude was editor of 'Fraser, a circumstance which doubtless recommended the organ. At what time he became acquainted with Fitzjames I am unable to say; but the acquaintanceship ripened into one of his closest friendships.
I may take it for granted in such references as I shall have to make in the following pages to my brother's judgment of the particular events in which he took part. Mill himself said, according to Professor Bain, that Fitzjames 'did not know what he was arguing against, and was more likely to repel than to attract. The last remark, as Professor Bain adds, was the truest.
Lushington tells me that Sir Thomas Henry often spoke to him with great admiration of Fitzjames's powerful argument on the occasion. On April 10, 1867, the trial of Nelson and Brand came on at the Old Bailey, when Chief Justice Cockburn delivered an elaborate charge, taking substantially the view of the law already expounded by Fitzjames. The grand jury, however, threw out the bill.
Fitzjames gives the actual facts to show how Reade had allowed himself, as a writer of fiction, to exaggerate and distort them, and had at the same time taken the airs of an historian of facts and bragged of his resolution to brand all judges who should dare to follow the precedent which he denounced.
He became very intimate with Fitzjames, and they had long and frank discussions. This daring youth doubted the story of Noah's flood, and one phrase which stuck in his brother's mind is significant. 'You, he said, 'are a good boy, and I suppose you will go to heaven.
R. H. Hutton, who represents the discussions by an imaginary conversation between the chief debaters. Mr. Knowles prefixed a brief historical account. The Society was founded in consequence of a conversation between Tennyson and Mr. Knowles, and held its first meeting on April 21, 1869. Fitzjames joined it after his return from India.
Congreve had suggested, among other things, the cession of Gibraltar to Spain, in accordance with his view of international duties. The English nation, exclaims Fitzjames, 'cannot be weighed and measured, and ticketed, and classified, by a narrow understanding and a cold heart. The 'honest and noble passions of a single nation would blow all Mr. Congreve's schemes to atoms like so many cobwebs.
Hence we have our problem: liberty is good, not as opposed to coercion in general, but as opposed to coercion in certain cases. What, then, are the cases? Force is always in the background, the invisible bond which corresponds to the moral framework of society. But we have still to consider what limits may be laid down for its application. The general reply of a Utilitarian must of course be an appeal to 'expediency. Force is good, says Fitzjames, following Bentham again, when the end to be attained is good, when the means employed are efficient, and when, finally, the cost of employing them is not excessive. In the opposite cases, force of course is bad. Here he comes into conflict with Mill. For Mill tries to lay down certain general rules which may define the rightful limits of coercive power. Now there is a prima facie ground of suspicion to a sound utilitarian about any general rules. Mill's rules were of course regarded by himself as based upon experience. But they savoured of that absolute
The British barrister and member of Parliament looked upon codification as at best a harmless fancy. 'A jurist, Fitzjames sometimes remarks in a joke, which was not all joking, is a 'fool who cannot get briefs. That represents the view generally taken of his own energy. It was possibly admirable, certainly unobjectionable, but not to the purpose.
Justice Wills, 'to whom I should have gone, if I wanted help, with more certainty of getting it. When Fitzjames was on the bench, he adds, and he had been himself disappointed of reaching the same position under annoying circumstances, he had to appear in a patent case before his friend. Fitzjames came down to look at a model, and Wills said, 'Your Lordship will see, &c.
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