The Sun.
London, England, 1834-08-05 00:00:00

LITERATURE.

THE FOREIGN QUARTERLY REVIEW,
No. XXVII. RICHTER 4.VD CO. 1834.
This number is peculiarly fortunate in the choice of its
subjects ; and while in many of the articles the hand of a
master is visible, there is not one without its fair portion of
interest and instruction. A complete edition of the works
of Madame de Stael, in seventeen volumes, has given oc-
casion to the opening review, in which, whatever faults else
may be attributed to the critic, he certainly has shown no
want of admiration for his author. According to him, uni-

versal opinion will admit of no female name in the first class
of the eminent in art, literature, or science, or, if any, only
that of Madame de Stael. Now the Baroness, whose ta-
lents were sufficiently multifarious, philosophized, criticized,
and wrote novels and political essays, not to say a word of
the metaphysics, which indeed formed the substratum of
all her sayings and doings, whatever might be the topic.
That she shaved talent in all these classes of composition,
and genius at least in one, will hardly be disputed, but this
by no means proves the sweeping dogma of the reviewer.
As a novelist she is clearly not superior, and, we should
say, far from equal to Maria Edgeworth. The critic, in-
deed, talks of some
.of her fictitious characters being master-
pieces, and such they may be, but they are not creatures
of this world. Seldom, if ever, does she paint that com-
pound character, that mixture of good and evil, of light
and shade, of contradictory thoughts, feelings, and
passions, which, melting and blending with the harmony of
the colours of the rainbow, make up the human being ; in
place of the complex whole she gives us fragments, indivi-
dual features, or at best plays the part of a dissector Of the
human mind, demonstrating its modes of action rather than
presenting it in action. As to her philosophy, we have the
less occasion to say much on that score, as the critic him-:
self. allows that it is not worth much ; and in regard to her
criticism, the L'Allemagne was no doubt a valuable gift to
the French, inasmuch as it broke up the national exclu-
siveness, and taught them, or rather hinted to them (for
they are not yet quite persuaded of the fact), that there is
an excellence differing from their own, not so much in de-
gree as in kind ; but its merit goes no farther ; it taught
nothing either to England or Germany, and, far as she was
in advance of her countrymen, it is sufficiently manifest
that she had but an imperfect sense for the magnificent
literature with which she was feebly grappling. As an in-
stance, her review of Faust shows no very intimate ac-
quaintance with the mere text, and no sympathy whatever
with its spirit. Her fame must be built upon her poli-
tical essays, and there, with reference to the female
world, she certainly shines without a rival. But this
praise, we suspect, would hardly satisfy the reviewer ;
he actually fancies her to have been an object of dread to
the conqueror of Marengo, and observes that it is plain he
regarded the former (Madame de Stael) as an unwelcome
phenomenon, and that his " aversion was a mixed feeling,
combining jealousy of the admiration which her talents
created, with preconceived contempt for the intellects of
her sex." This is sad nonsense. That Bonaparte, in whose
calculating mind the love of order was predominant, con-
sidered her as a being removed from her proper sphere, and
therefore to be looked upon with dislike, is probable enough ;
and was she not out of her place ? Is the political world
the fitting sphere of women ? More than this, it is sufficiently
well known that Napoleon always swept away with a re-
lentless hand every obstacle to his course, whatever it might
be, the highest or the lowest being in his eyes precisely the
same the moment they crossed his path. But jealous !
Napoleon jealous of a talent he despised, in whatever per-
son it might be lodged ! Napoleon jealous of literary fame,
who never could be taught to feel that there was any fame
but that of the conqueror, and who acknowledged no genius
but that which tended to the practical and useful ! No !
She flung herself in his path, and he brushed her off with as
much indifference as the giant treads upon the beetle.
The second article is an able and spirited notice of a
work that will be read with universal interest—the Ger-
man Military History during the Sixteenth Century. It
may be fairly said that the critic has repaid with no niggard
hand the information he has received, though, when he
alludes to the Cottonian MS. in the British Museum, it
.would have been as well if he had used a little more preci-
sion in his reference. With no better direction than he
has been pleased to give, the search of months might fail
in digging out the cited letter from the mass of manuscripts,
so imperfect are the Museum catalogues.
But the most amusing article, though not the best
written, is that on ,Alexander Dumas's Travelling Im-
pressions. Like the pedant of Hierocles, we will content
ourselves with exhibiting a single brick as a specimen of
the entire building :
" The drama of Antony was acted before a numerous audience,
and as has sometimes happened to that piece, in the midst of a very
violent opposition. A merchant and his daughter were in a front
box, and near him one of the enterprising authors I have mentioned.
The father at first took a lively interest in the drama, but after the
scene between Antony and the mistress of the inn, his enthusiasm
manifestly cooled ; his daughter, on the contrary, had from that
moment felt an increasing emotion, which in the last act burst into
a passion of tears. When the curtain fell, the father, who had ex-
hibited visible signs of impatience during the last two acts per-
ceiving his daughter's tears, said, Bless me, what a stupid girl
you must be to allow yourself to be affected by such utter nonsense.'
" Ab, papa, it is not my fault,' replied the poor girl, quite ton-
fused, forgive me, I know that it is very ridiculous.'
4" Ridiculous ! yes, ridiculous is the proper phrase • for my
part, I cannot comprehend how any one could be interested bysuch
monstrous improbabilities.'
" Good heavens, papa! it is just because I find it so perfectly

true.'

" True, child! can you have paid any attention to the plot?'

" I have not lost a single incident.'
" Well—in the third act Anthony buys a post-chaise—is it
not so?'

" ' Yes ; I remember it.'
'" And pays ready money down on the nail.'
" I remember it very well.'
" Well ; he never took a receipt for it.' "—pp. 72-75.

Forty pages devoted to ten volumes, and those the
Posthumous Works of Goethe, are a somewhat scanty
allowance, even in these days of abridgment, when history
itself has peaked and pined away into modest duodecimo.
This is the more to be regretted, as the writer is evidently
well able to do justice to his subject, and could, had he so
pleased, have given us an able analysis of Goethe's genius
as exhibited in these volumes, instead of a mere table of
contents, mingled with a few brief comments. Such is not
the way to treat the master-spirit of the age ; his faults,
not less than his excellencies, ought to be thoroughly
studied and understood : for they open up a new world of
thought, and are destined one day to make as great a
change in literature as ever was effected in Europe by 'the
Crusades. That time, however, may yet be distant, for
even to the English reader there is much- which by its
novelty repels, while to the Frenchman it must for the pre-
sent be utterly unintelligible. Nothing, indeed, can be
more erroneous than to suppose the human mind is at-
tracted by that which is absolutely new ; all that at
once pleases does so by association, by its reference
to, and its close connexion with, something already
familiar and accepted ; we build and rebuild, but the ele-
ments of our architecture are the same, and were it to'be
otherwise, were we to deviate from the accepted orders, the
eye, so long habituated to other forms, would, for a time,
at least, reject it. Even thus it is with the student of
Goethe ; he finds another mode of feeling, thinking, and
expressing ; a difference that results, not from language, but
from a form of society and from habits totally at variance
with his own, and hence it is that Schiller, who borrowed
so largely from us, and is to a degree English in his feel-
ings, is infinitely more popular in this country. Even he,
as he advanced in his career and grew more peculiarly Ger-
man, lost no small portion of our favour : his fame with us
rests chiefly, if not entirely on his earliest and worst pro-
ductions.

In the Popular Songs of Holland, that form the sub-
ject of the fourth article, we take no interest whatever ; we
had even been rash enough to believe that the day of nur-
sery rhymes had gone by never to return, and are not par-
ticularly pleased in feeling so reasonable a hope disappointed.
But it seems they have the extraordinary merit of
being simple ; so is the prattle of a child—exceed-
ingly simple—and very proper to its age, as no doubt
these ballads were to theirs ; but the world grows
older and ought to grow wiser, and, so far from priding itself
on the toys of its infancy, it should in all reason fling them
aside as unworthy of its maturer understanding. With all
due respect for the editor, who admires these things, and
not less for the critic who adores the admirer, we would
fain ask where is the " infinite naivete," " the touching
simplicity," of such lines as these ?
" Joseph, he did leap and run
Until an ass's foal he won,
Whereon he set that maiden mild,
And with her that most blessed child."
To the " simplicity" we make ,no demur ; there 'is

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' enough of that quality, and to spare ; but the "touching 1"
well-a-day ! if this be the case, we do not despair of seeing
an erudite and admiring review of that beautiful ballad,
" Little 80-peep," as thus ; " with what a daring simpli-
city does the unknown author rush in medias res"—into the
middle of his subject—though it is much to be doubted if
he had ever heard of the Horatian precepts. No idle de-
lay, no superfluous prologue, in this exquisite song, but
with a startling energy the poet at once dashes out with
" Little 80-Peep has lost het sheep ;" and then the touch-
ing simplicity with which he paints the distress of the poor
little girl !—" and cannot tell where to find them," &c. &c.
The article on the French Conzmercial Policy is an
admirable, though by no means a novel, expose of the pro-
hibition system. Indeed, it is hard for any man of talent
to be thus wasting his time and energies in vain
efforts to beat the first elements of political eco-
nomy into the heads of those who, like Illawworm,
seem to pride themselves on their ignorance. Certes,
Antmus must have been nothing more than an allegorical
expression of this blessed system, which, do what you will,
is not to be effectually overthrown ; you fell it to the ground
with argument upon argument, but you cannot knock out
its brains, seeing that it has none ; and, no sooner has it
touched the earth, than up it starts again, and thrusts its
huge jolter head in the face of its antagonist with a grin of
unconquerable defiance. Time, however, will do its work
with this, as it has done with so many other popular falla-
cies, and to time we leave it.

The last paper, on the History of the Phoenicians and
Carthaginians is an able abridgment of the existing know-
ledge on that subject. This, as every scholar well knows,
does not amount to much ; while, in proportion to the pau-
city of facts, the field lies open to ingenious conjectures,
and verily there is no lack of them. Amongst other cu-
rious morsels of information, we remember having read an
essay by a Mr. Miles, which has apparently escaped the
notice of the Reviewer. In this the author states that, in
digging the earth on the Southern part of our coast, he has
found various pieces of coal-money, which, he contends,
were used in the Phoenician traffic with the Britons ; and,
if his conjecture cannot be proved, at least it cannot be
disproved,—a very sufficient ground for a staunch antiqua-
rian. The coins in question are pieces of coal, of the shape,
and about twice the size, of a silver crown, with three or
more shallow indentations, apparently made by some blunt
tool. If they were not used for money, it is difficult to
guess for what they could have been intended.
There yet remain two articles unnoticed ; but we think
enough has been said to prove the justice of our remark in
the outset, that the subjects of review are, for the most
part, well chosen and ably handled, and to go beyond this
would manifestly exceed our limits.

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Shoulders 8 13
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PROMOTION.—By the abolition of the Palatine
Courts, the High Sheriff of Cheshire succeeds to the office
of hangman for the county, vice the Sheriff of the city of
Chester.

REPORT.

THE SUN, LONDON, TUESDAY, AUGUST .5, 1834

MR. WHITTLE HARVEY.

The Select Committee appointed to inquire into all the cir-
cumstances attending the rejection of the claim by D. W.
Harvey, Esq., to be called do the Bar, and to report their
opinion thereupon to the House, and who were empowered
to report from time to time to the House, have agreed to
the following Report :
Your Committee, in pursuance of the terms of their appoint-
ment, and the power given to them to send for persons, papers,
and records, conceived they should best fulfil their duty by re-
quiring the attendance of the Treasurer of the Society of the
Inner Temple, and calling for such evidence as the Benchers
could furnish relative to the admission of Mr. Harvey as a
member of that Inn of Court, his application to be called to
the Bar, and the subsequent rejection of his claim.
Your Committee were consequently attended twice by Mr.
Martin, the Under-Treasurer, who, on the first occasion, pro-
duced before them the only two documents in the nature of
evidence which the Treasurer had been able to find relating to
the subject, which purported to be " shorthand-writers' reports"
of the trials of the two causes, " Harvey v. Andrew," and
" Frost tt. Harvey." .
On inquiry as to whether the Benchers have preserved any
record of the proofs given by Mr. Harvey, or of the testi-
mony of his witnesses, it appears that the office of the Society
had been searched for the purpose of finding any, but that
none whatever can be found, and it is to be observed that the
document, intituled " Frost v. Harvey," is not complete, a
part of it being torn off, and some pages are deficient.
On his second attendance the Under-treasurer handed in a
book containing a copy of the certificate transmitted by the
Benchers to the Judges, and also the documents which will be
found printed in " papers laid before the Committee."
As connected with the course of procedure adopted by your
Committee, they have to report that at the commencement of
their inquiry they deemed it right to make a communication to
the Benchers, inviting some person on their behalf to attend
the investigation, but which was declined in a letter from the
Treasurer, addressed to the Chairman, referring the attention
of the Committee to the " statement" which had been pre-
pared by them to be submitted to the Judges, in case Mr. Har-
vey had thought fit to appeal against their last decision.
Upon this subject your Committee have also to report that
at an early stage of the inquiry an application was made to
the Committee by Mr: Wilson, an attorney, of the Temple,
stating himself to be the son-in-law of Mr. Thomas Andrew,
the defendant in the above cause, and the attorney for Mr.
Frost in the other before-mentioned action, expressing a desire
to be present and attend the inquiry, to defend the character
of his relative ; and he attended accordingly throughout the
whole investigation—was furnished with the papers in the like
manner as the Committee, and cross-examined Mr. Harvey's
witnesses--called several witnesses himself—produced several
papers,'which have been printed, and, at the close of the in-
quiry, addressed the Committee several hours upon the entire
case, having before him all the papers, documents, and
evidence to be found in the sixth Report of the Common Law
Commissioners, and the papers submitted to the House by the
Benchers of the Inner Temple, and ordered to be printed on
the 3d of June, 1834.
That it appearing to your Committee, from the certificate
of the Benchers in 1822, and their statement prepared for the
Judges, January 23, 1834, that the objections to Mr. Harvey's
call to the Bar arose out of the transactions connected with
two causes, " Frost v. Harvey," and " Harvey v. Andrew,"
your Committee determined to inquire into the particulars of
each case separately, and for their guidance adopted the fol-
lowing Resoluticns, so that, by pursuing their investigation
into the points thus brought under consideration, your Com-
mittee might be enabled to form an opinion upon the merits of
each transaction, involving (according to the terms of their
appointment) all the circumstances attending " the rejection"
of Mr. Harvey's claim to be called to the Bar :-
Ist. The Committee will, in the first instance, enter into the
investigation of the charges which have been brought under
the consideration of the Committee.-2d. The Committee
will commence its investigation by examining into the evidence
on which the Benchers refused to admit Mr. Harvey, and the
proceedings thereon, and will then receive evidence to confirm,
disprove, illustrate, or explain those charges.
That in furtherance of the above Resolutions your Com-
mittee proceeded to define the precise nature 'or terms of the
charges set forth by the Benchers in their "certificate" and
"statement," before referred to, and which they did in the fol-
lowing terms :-
Ist. As to " Harvey v. Andrew ;" 2d, as to " Frost v.
Harvey ;" being the order in which they were considered by
the Benchers of the Inner Temple.
The charge in the case of " Harvey v. Andrew" was that
Mr. Harvey had " fraudulently taken away a certain paper
which was highly advantageous to the client of the defendant
Andrew ;" in support of which imputation or charge the
Benchers rely on the verdict given in this cause, and on the
evidence and other matters furnished to them in a paper, pur-
porting to be taken from a shorthand-writer's notes of the
trial, which report appears, from the evidence before us, to
have been obtained from the defendant Andrew, and who, in
its preparation, expunged most material evidence, and intro
duced most prejudicial statements.

That having thus ascertained the nature of the charge, and
the evidence and matter in support of it, your Committee
proceeded to investigate the transactions connected therewith,
and the point for their consideration and determination was
substantially to this effect :—." Whether Mr. Harvey did or
did not fraudulently take away from the office of Thomas
Andrew, the defendant, a certain paper which was highly ad-
vantageous to the client of the said Andrew, and which had
been given for the arrangement of an action Rudkin v. Shel-
ley, in which Andrew was concerned for the plaintiff, and
Harvey for the defendant ?"

That the evidence adduced established the following facts,
viz. :

That the arrangement in question was proposed by Mr.
Harvey, and that he employed every means to carry the same
into effect, as well before as after the same is alleged to have
been taken away.
As it regards the action of " Harvey v. Andrew," the Com-
mittee, upon the most full and deliberate investigation of all
the evidence now before them, have resolved—
That Mr. Harvey did not purloin, or fraudulently take away
the paper in question. And your Committee cannot entertain
any doubt that the paper alluded to was not one highly or at
all advantageous to the client of the said Andrew, but on the
contrary, was a document highly advantageous to Mr. Har-
vey's client, and one which did not involve the personal respon-
sibility of Mr. Harvey in any respect ; and they are, from all
the facts and circumstances, of opinion that Mr. Harvey has
satisfactorily vindicated himself from the charge so made
against him as arising from the result of the cause of " Harvey
v. Andrew."

Your Committee next entered upon an inquiry into the
cause of 4, Frost v. Harvey," the ground of which action is
stated by the Benchers to be, that Frost had, in the year 1809,
employed Mr. Harvey to sell an estate for him, that it had
been sold for 9501. to a Mr. Skingley, 4501... of which was for
Miss Frost, his sister, and 5001. for himself. -
That Skingley had, with Frost's assent, paid his 5001. into
Mr. Harvey's hands for Frost, and that Mr. Harvey had ap-
propriated 5001. to his use, unknown to Mr. Frost, it being
afterwards discovered that Skingley had paid 1,4501. for the
estate.

As a preliminary remark upon the circumstances of this case,
your Committee have to observe that it is clearly in evidence
throughout that Mr. Harvey was, and was publicly known to
be, extensively engaged, generally with his father (although
not in this transaction), in the purchase and sale of estates.
That it appears to the Committee that Mr. Harvey pur-
chased the estate in question of Mr. John Wall Frost in Octo-
ber, 1809, under a specific agreement, the preparation and
execution of which were so clearly proved that of the existence
of it your Committee feels no doubt, and that subsequently to
his so doing he, on his own account, sold the same estate to
Henry Skingley, Esq., at a profit; but before Mr. Harvey
purchased the said estate, and after the price was fixed the
offer of the estate was made to the father of Frost by Mr.
Harvey, who had been the attorney of J. W. Frost, on whose
behalf such offer was made, and the father declined to become
the purchaser at that price ; and that it was not until after that
refusal that Mr. Harvey contracted for the purchase at the
same price of J. W. Frost, whose attorney he then was and
continued to be two years after the sale to Skingley, and the
profit realized being well known to Mr. J. W. Frost.

As Mr. Skinglei, who bought the property, was living, your
Committee deemed it essential to have him examined upon
the subject of the purchase ; but it being represented by his
medical attendant, who appeared before them, that Mr. Slung-
ley was, on account of illness, incapable of attending the Com-
mittee at Westminster, a quorum of your Committee was ap-
pointed to take his examination at his residence at Coggeshall,
in Essex.

In answer to questions put to him, Mr. Skingley stated that
Mr. Harvey was selling the estate for himself as principal, and
not as attorney selling for another ; that he had not been ac-
quainted with Mr. Harvey before he bought the estate, and
that he did not remember having any conversation with him
some time before the purchase. Upon being shown the agree-
ment between him and Mr. Harvey Mr. Skingley acknow-
ledged his, signature, observing that he made the agreement
with Mr. Harvey alone, and that he did not deal with any
body else ; and, upon being interrogated as to the value of the
estate, replied that he had given more for it than it was worth,
owing to its local situation on account of its "adjoining his
immediate domain."

That it appears to'your Committee that the correctness of
Mr. Harvey's representation, that he had so bought the estate
of Mr. Frost, as well as the correctness of Mr. Skingley's
evidence in this particular, is completely borne out by the first
item in Mr. Harvey's original bill of costs, now found among
Mr. Skingley's papers, and settled at the time, and which is
inserted in the appendix.
It having been urged by the Benchers that the main
point upon which their objection arising out of this cause
rested was the circumstance of Mr. Harvey's having made
a profit, and that the same was concealed from the- know-
ledge of Mr. Frost, until it was discovered before the ar-
bitrator to whom the cause was referred, and the action
having no reference in the first instance to the recovering
of the profit made by Mr. Harvey, your Committee made
that a,subject of minute inquiry; and the result of the evi-
dence is clearly to show that the purchase and sale before al-
luded to was a matter of notoriety at the time, and known to
Mr. Frost, the same having taken place four years before the
reference, and there is strong reason for believing that the at-
tempt to recover the profit was a step taken by Mr. Andrew as
a speculation, without the sanction, if not entirely unknown to
his client.

That, finally, it appears that the action was settled to the
satisfaction of Mr. Frost, to the exclusion of the 5001. profit
realised by Mr. Harvey.
Whereupon your Committee came unanimously to the fol-
lowing Resolution :
" That Mr. D. W. Harvey did not sell the property, acting as

the agent" or3fr. Frost, and on Mr. Frost's behalf ; but that Mr.
Harvey was the bona fide purchaser on-his own account from Mr.
Frost, and afterwards sold the estate to Mr. Skingley as principal,
and not agent "
That your Committee, after the foregoing. Resolutions, do
not feel themselves called upon to enter into a more minute
investigation of the complicated inferences and allegations set
forth in the statement prepared by the Benchers, and urged by
them in support of their decision ' • the more especially as the
Committee find that the grounds taken by the Benchers in
1834 are materially at variance with the reasons given by them
in their certificate to the Judges in 1822.
That it appears that Mr. Harvey, on the 7th of November,
1810, was admitted a member of the Inner Temple upon the
production of the requisite certificate, signed by two respect-
able persons of the legal profession, conformable to the fol-
lowing regulations ; viz., " That before any person be ad-
mitted a member of the Inner Temple, his age, residence,
and condition in life be stated in writing to the Steward or
Under-Treasurer of the Society, together with a reference to
some respectable person or persons, that inquiry may be made
into his character and situation."

That in compliance with the rules of the Society respecting
attorneys, he caused his name to be struck from the roll of
attorneys in the year 1819, being two years previous to his
application to be called to the bar.
That in November, 1821, having perfected his title to be
called by conforming to the rules and regulations of the Inn,
he was for the first time apprised that the above two causes
required "to be explained " before he could be called to
the bar.

That a time was appointed for that purpose, when, after the
explanation had been given, a communication was made by
letter from the Treasurer, stating, that having collected the
opinion of the masters of the bench, " their opinion was ad-
verse to his application" to be called to the bar; and it further
appears that, upon being requested by Mr. Harvey to be ap-
prized of the grounds of their objection, he received a reply,
stating that "there was no other answer than to acknowledge
the receipt of his letter."
That against this decision Mr. Harvey forthwith presented
his petition of appeal to the Judges as visitors, and sent a
copy thereof to the Benchers on the fifteenth day of Decem-
ber, 1821.

That the Judges called 'upon the Benchers to certify their
objections, " if they thought fit so to do ;" and which they
did under the signature of their Treasurer, dated the 30th of
January, 1822, and the Judges appointed the first of Febru-
ary following, to hear all parties, the Benchers supplying Mr.
Harvey with a copy of their certificate only on the interme-
diate day.
That it appears to your Committee, from the evidence of
Mr. Sewell, the law agent of Mr. Harvey upon this occasion,
that he attended with several witnesses to meet and explain
points of objection set forth in such certificate, but that all per-
sons, except himself, Mr. Harvey, and his counsel, were ex-
cluded from the hall, together with the shorthand-writer, and
that the evidence of witnesses was not received, but the certifi-
cateof the Benchers was confirmed instanter.

That in the year 1821 Mr. Sewell further states he attended
the Benchers, where many witnesses also attended, and that
only one was admitted at a time, but that no shorthand-writer,
counsel, nor himself were present during any part of the ex-
amination.

That as your Committee have arrived at conclusions di-
rectly at variance with those of the Benchers, they feel them-
selves bound to express their conviction that the opinion
formed of these two cases by that Learned Body should be at-
tributed to the imperfect reports of the trials, and still more
to the absence of all authority to compel the attendance of
necessary witnesses, or to enforce the production of essentially
important documents, which defects have in this inquiry been
remedied by the powers of the Committee ; and they have to
state to the House their regret that the circumstances last al-
luded to should have produced consequences to Mr. Harvey
which, especially in the sacrifice of a great space of valuable
time, are irreparable ; but the Committee therefore express
their confident hope that, after the examination of the whole
of the evidence, the Benchers will be induced to give Mr.
Harvey the full benefit of the present inquiry.