New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-20
NEW PUBLICATIONS.
A BIOGRAPHICAL STUDY IN HEREDIrY.

plans Of codification and the like Is not apt 10
be romantic. But the account Of Sir James f1tz-
James stephens career by his brother has much
10 attract attention. 1t is a narrative which
comprises experiences in both England and IN
dia, the whole activity of a man learned IN 'ne
law from obscure beginnings to place on the
Bench, and, besides all these. a second hfe as
busy writer for the press. In accordance VIII"
the practice OF the present day. Mr.. stephen oe-
votes many pages to questions OF heredi.S. Inc
name James has been a favorite one In the iah-
lily for several generations. In the early years VI
the eighteenth century the best-known man OIL
the family was Thomas Stephen Provost OF Dun
dee who died In 1928. But he mad oro'her
lanes stephen, of Ardenbraught whose son
James was tenant Of small farm on the ooroer
OF Buchan in Aberdeenshire. Mr. stephen Is
somewhat tender OF this an lent farmers MEM
orv for It appears that he was also trader and
had something 10 do with gods that had not
passed In due form through the customs SILL
''smuggler would be too harsh name to apply
10 him." the author remarks by way OF intro
ducng James Stephen, the farmers son, who
was also distinguished in his turn by opposition
TO law as II was understood in his day
Size strength and shapeliness of body were
among the characteristics Of the Stephens IN all
generations. The James Stephen who was the
first to abandon the rustic occupations OF MS
forefathers no exception to the rule. ne
was six feet three inches in height. and so strong
that once when attacked by two footpads ne
took the ruffians one in each hand and Knocked
their heads together. But he was almost uni
formly unfortunate in business. and finally was
confined in prison for debt. He had been STU
dent of law and now he attempted to obtain MS
release by pleading his own cause on VIII OF
habeas corpus before Lord Mansfield vi course
he was defeated Then he wrote pamphie'
against Imprisonment FIR debt. and series OF
letters which were publish ID in THE Pubic Al
yertiser' at the time when that newspaper was
earning great notoriety by means OF the letters
of Junius. He at length released from
prison. and then sought admission to the par
but the benchers of the Middle Temple refused 10
cau him because of his want of birth. want OF
fortune want of education and want OF temper
Nevertheless. he became the partner of a solicit
tor. and under his name did precarlous ousi-
ness. His son James, in spite of the miseries and
invitations of his youth. lived to become Master
In Chancery, after varied career as STUDENT
,enorter pamphleteer religious enthusiast, anti
slavery asitator and member of Parliament He
was of a pugnacious temper in debate Get
Whitbrcad TO speak and stephen will be sure 10
fly at him. the suggestion for making the
House OF Commons interesting TO the kihg OF
Prussia and TO Field Marshal Bucher In 1914. IL
was adopted and the great German warrior Wit
messed a parliamentary battle which was as real
and as violent as he could desire.
In early life Stephen was a Democrat ana
sympathizer with the American colonists IN the
war Of the Revolution But ne lived TO devise
the Orders in Council and thus did his part 10
bring about the War of 1872. In his life began
that religious nuctuation which has shown re-
markahle results IN the writings OF his descend
ants He died an Evangelical. faithful friend
Of Vilberforce His son James, who as Under
Secretary may be called the creator OF the mod
ern English colonial system. was or TOO COM
posite and complicate nature to be content
within the Evangelical fold. He became In con-
duct scrupulously observant OF the ordinances or
the Church Of England: yet II was SAID OF him
IN allusion TO his writings. that he was tolerant
Of every Church but the one TO which he be-
,onecd The lack OF herosm in The Church was
one Of his criticisms II was for aim too much OF
n s,n,e department in which the effort had been
10 suppress eccentr!cty rather than to arouse
enthusiasm He remained attached to his creed
But the attitude Of his son. ds shown In this vol
umc was that Of an open-minded sceptic to
whom the outlook fol- the future of religion was
NOT horcfu lie could not agree with those who
had easy plans for harmonizing tho authority OF
the Church and the authority Of reason. on the
other hand he equally critical toward those
ehadowy deites the Cnknowable OF Herbert
Spencer and the Humanity of the Postivist
Frederic Harrison The truth seems to have
been felt In his case the utility OF specua-
ton to be far greater than that OF dogmatic GER
tainty At all events. the religious development
through several generations sketched In frag-
mentary way by the author Is one OF the at'ract-
I've things in this book.
Sir James Fitzjamcs Stephen inherited his full
49, hodil and mental strength shown
IN his family A portrait Of his great grandfather
that has been preserved said closely TO
semble him. Compared, too. with his father. the
Under Secretary for the Colonies, he may he said
N have been like this remote ancestor in the
lack OF external unity in his career. His ambi-
tons centred mainly in the legal profession, yet
he was a busy writer varied themes for news
papers and reviews throughout most Of his life.
He labored necessarily. His moments Of leisure
in court were taken up with the writing Of arti-
clee or the reading Of proofs. The only inter-
ruption 10 this journalistic activity was afforded
by his sojourn in India. In that country he
turned his mind TO the one absorbing passion Of
his life. the codihcation of laws. But efforts to
accomplish similar task in England were de-
feated by the inactivity of Parliament. His half
hearted efforts to gain a seat in Parliament
never successful His elevation to the Bench
came late, considering the shortness of his life
so that pictured by his brother, his ca
reer seems one OF more trouble than pleasure.
But the record OF his achievements is a long one.
Through his acquaintance with Lord Lytton. he
Influenced the course of affairs in India long after
his own sojourn in that country was over. His
work in the journals to which he contributed was
more individual. less marked by composite per-
sonality Of the journals themselves than those Of
most regular writerr for the press apt to be.
There never could be any doubt among those who
knew him. says his bogra pher. about the author
ship OF article. II he wrote it, Hence his IN
fuence exerted by these periodical articles was
strictly that Of his own mind. II he failed in his
plans for the codifcation Of English criminal law.
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