Upon their tongues a various spirit to rase As mock'd they storm; greater laughter was in heaven, ART. VI.-Life and Character of M. de Malesherbes, first Councillor of Louis XVI. London: 1843. AMIDST the general corruption of manners which prevailed during the progress of the French Revolution, the reckless depravity and total abandonment of every moral and social obligation exhibited by almost every one of its principal directors, it is pleasing to turn from the shocking recital, and contemplate the character of a man, whose spotless integrity never yielded to temptation,-the lustre of whose virtue, undimmed and fearless, shines out from that dark and troubled period with the more brilliancy, because of the trials to which it was exposed. CHRISTIAN WILLIAM LAMOIGNON De Malesherbes, whose virtues claim the present tribute, was born at Paris, in December, 1721. His father, then Chancellor of France, observed, even at an early period, the signs of that remarkable combination of good qualities and talent, which was destined, at a future day, to elevate his son to the highest honors. He spared no pains, by assiduous care and the best instruction, to place within his reach the means whereby he could be made capable of deserving them; and history records, with pleasure, that this good old man lived long enough to receive the reward of his anxious toil, in the brilliant success and stainless reputation of his son. Educated for the legal profession, Malesherbes brought to the pursuit of that high and honorable employment, many of its noblest and choicest requisites, a lofty spirit of admiration for its sublime theory and vast comprehensiveness,-purity of motive and sternness in application,-qualities which, while they, in most cases, ensure success, render the student, in all, in the highest degree deserving of it. At the age of thirty, his father dying, he was called from the successful pursuit of his profession, to succeed him, as *First President of the Court of Aids. Previous to the Revolution, and down to the abolition of Feudal tenures on the memorable night of the 4th August, 1793, with the exception of a temporary suspension of its powers in 1771, this Court constituted one of the ordinary tribunals of the country, and was created for the purpose of taking cognizance of all matters relating to the taxes on the goods, wares and merchandize of the feudal retainers. It took its origin, and derived its support, from the customs and rules growing out of the feudal relation, and, in France, perished with them. Chief Baron Comyn of England, has, in his Digest, collected together all the law learning on the subject relative to that country,-a work which will ever remain a lasting monument of the indefatigable industry and great research of the author. But this part of it is now looked upon rather as matter of reference or curiosity, than of actual application: considered, however, as part and parcel of that singular system of social organization which, although at present unknown to our laws, is still found intermingled with many of our institutions, and sensibly affecting their spirit, its importance may, in some future paper, demand our more extended observation. At the period mentioned, these levies appeared more generally under the form of taxes or aids for the purpose of knighting the eldest son, or marrying the eldest daughter, of the lord of the fee, entitled, in the barbarous dialect of the times, §Aides pur faire fito chevalier, et fille marier. In England, these levies were very severely felt and loudly complained against. Essentially imbued with the spirit of freedom, our ancestors could ill brook such open violations of natural right, and early seized the opportunity of shaking off institutions fastened on them by the iron rule of the Norman conqueror.|| Accordingly, at the Restoration, one of the first acts done by a grateful monarch, bending before the POPULAR WILL, * 1 Alison, 59. Blake's Biog. Dic. M. Encyclo. Am. M. + Com. Dyg. Tit. A. p. 545. Rees. Cyclop. ÁID. 1 Kent, Com. 11. § Co. Litt. Tit. A. 76. Jacob L. Dic. Aid Rees. Cyclop. 2 Black's Com. 64. Com. Dys. A. 546. 2 Blackst. 48. Spelm. Gloss. 218. Bracton, Lib. ii., chap. 16. Stat. 12, Car. ii. (then a new element in political combinations,) was to recognise the propriety of removing these great obstacles to the establishment of free institutions. The Court of Aids then, formed, in France, an important part of the Judiciary system, at that time composed of thirteen* local Parliaments, a Court of Aids, a Chamber of Accounts, Presidial Courts, and others. The powers and jurisdiction of these Courts seem to have been wondrously ill defined, and as carelessly exercised. The officers of each, hopeless of ever being able to establish any well settled rule or principle, assumed the largest jurisdiction, and, taking cognizance of all matters, both civil and criminal, decided the cases which were brought before them entirely upon the equity-the jus ragum―of individual circumstances.† Such unlimited jurisdiction has ever been found productive of the most mischievous consequences. Next to having no laws at all, the greatest evil society can suffer, is in their being illdefined. To Malesherbes, however, who, at the same time, held the office of Supervisor of the Press, these very circumstances only opened a more extensive field for the unostentatious display of his active benevolence, his generous sentiments and unimpeachable integrity. Sustained by his fellow-citizens, to whose welfare he was ardently attached, and enjoying, also, the highest confidence of his sovereign, for nearly a quarter of a century he continued at his post, distributing justice with benevolence, equity and impartiality.‡ Such, indeed, was the reputation he enjoyed for these and other good qualities, that when, in 1775, Louis XVI., ascending the throne of his ancestors, called to his councils the venerable Malesherbes, the whole nation, bounding over the distance which royalty has placed between themselves and the people, surrounded the throne, and filled the ears of the astonished court and gratified monarch, with the warmest expressions of their joy. Now Minister of the Interior, Malesherbes well sustained the reputation which had preceded him. His continuance in office was considered by all as a pledge of the good faith of the government. Economy and retrenchment every where pervaded the whole system. The extravagant sinecures and enervating luxuries, introduced under Louis XIV., *Salmon's Geog, Gram., 127. + I. App. ix. Morg. France. were abolished. The taxes were reduced. Unwonted energy filled every department, and gave impulse to the wheels of government. The prisons were visited, and comforts and necessaries introduced, the want of which had brought many an innocent victim to an untimely grave. The penal enactments against the unfortunate Protestants were greatly mitigated, and those of them, who were in prison, received the attentions due to human beings. While such continued to be the course he pursued, Malesherbes could not but make many enemies. Courtiers and public officers, who for years had continued to feed on the national purse, like leeches fastened on the public body, and draining its very life-blood, were loth to quit their hold, and, when torn off, turned with reptile malignity upon the aggressor. Dissensions shook the court and penetrated even to the cabinet. On every side Malesherbes found his enemies increasing, and, confident of strength, every day bolder in insolence, his dearest plans counteracted-his best counsels overruled-his salutary cautions unheeded, and his very person exposed to insult. Unable to arrest the impending storm which he had long foretold, accompanied by his friend Turgot, (whom he characterised as "having the head of Bacon with the heart of *L'Hopital,") he withdrew from the court, and, for several years, employed himself in travelling about in disguise over the greater part of France and Switzerland. It was during this time that he gained that practical knowledge of men and things, which afterwards so eminently distinguished him. Descending to the minutest details of every day life, he became familiar with adversity and suffering, and, traversing these countries in every direction, made himself acquainted 'with all they contained worthy of interest. To the philosopher, every thing has that quality,-in France, the rich soil, and verdant green-sward, extending to the horison, dotted with its numberless cottages, with their porches darkened by the purple grape, or half hid by the clustering rose; and, in Switzerland, the high mountain, with its snowy top extending to the skies! the falling avalanche, and patriot peasantry! The absence of Malesherbes removed the only check by which venal ministers and a dissolute nobility felt themselves restrained. In every country, extreme luxury is the sure * Thiers, 17. prelude of some mighty convulsion or early decay, The fêtes and dances were once more resumed. The gardens of the Tuilleries again shone refulgent with dazzling splendor, eclipsing all "that bard hath e'er sung or poet dreamed." The cautions of the wise Malesherbes were forgotten in the excesses which his absence renewed: "All, all look up with reverential awe, At crimes that 'scape or triumph o'er the law; In vain a suffering people groaned under oppression. With every complaint, new links were added to the chain, until the unfortunate victims, crushed and trodden in the dust, had no alternative left but rebellion or submission. Secret societies were every where established. The Voltaires, Rousseaus and Raynals of the day threw fuel on the burning flame, and, under the figure of Rome, when gasping in the gripe of the tyrant, gave too faithful a picture of the enormities of their own times. In vain the unfortunate Prince, remarkable for his good feeling and affection for his people, dismissed the ministers. In vain was Malesherbes recalled. A spirit was aroused which could be quenched only in blood. Two memoirs appeared about this time from the pen of the great Malesherbes, which, in his own clear and eloquent language, pointed out "The Calamities of France," and "The Means of preventing them." There can be no doubt, that, had the remedies therein proposed been adopted, the march of revolution would have been arrested, and the punishment due to a long train of guilty tyranny and extortion, put off for one or two generations. As it was, the very influence of his name, for the moment, did indeed calm the storm, but it did not disperse the angry winds which had caused its commotion ! Soon after his recall, Malesherbes found too sensibly that age had impaired his capability for exertion. Attracted by the sweets of domestic retirement, now rendered still more dear by the turbulent nature of the period, he resigned his post in the cabinet, and gladly hastened to his country seat, a few miles from Paris. There he proposed to himself to spend the remainder of his days in honorable obscurity, enjoying delicious communion with the sages of antiquity, and gathering that practical knowledge of agriculture, that first and best pursuit of man, which he so ably shows in his unri |