r's and his own marked the
end of the year. On December 20, 1859, he hears of the death of John
Austin, and proposes to attend the funeral, 'as there were few men for
whom I had more respect or who deserved it more.' His admiration for
Austin was at this time at its warmest.[77] Macaulay died on December
28, 1859; and on January 5, 1860, Fitzjames writes from Derby, where he
has been all night composing a 'laudation' of the historian for the
'Saturday Review.'[78] It is 7.45 A.M., and he has just washed and
dressed, as it is too late to go to bed before court. 'Tom Macaulay,' as
has been seen, had been a model held up to him from infancy, and to the
last retained a strong hold upon his affectionate remembrance.

Fitzjames was now completing his thirty-first year, and was emerging
into a more independent position. He was in the full flow of energetic
and various work, which was to continue with hardly an intermission
until strength began to fail. At this period he was employed in the
Education Commission, which for some time was meeting every day; he was
writing for the 'Saturday Review' and elsewhere; he was also beginning
to write an independent book; and he was attending his circuit and
sessions regularly and gradually improving his position.[79] The story
thus becomes rather complicated. I will first say a little of his
professional work during the next few years, and I will then mention
three books, which appeared from 1861 to 1863, and were his first
independent publications; they will suggest what has to be said of his
main lines of thought and work.

V. PROGRESS AT THE BAR

His practice at the bar was improving, though not very steadily or
rapidly. 'Those cases, like Snow's or Bacon's,' he observes (Dec. 17,
1859), 'do me hardly any good.... I am making a reputation which would
be very useful for an older man who already had business, but is to me
glory, not gain. I am like a man who has good expectations and little or
no income.' Still his position is better: he has made 100_l._ this year
against 50_l._ the year before; he is beginning to 'take root,'
especially at sessions; and he 'thoroughly delights in his profession.'
In March 1860 he reports some high compliments from Mr. Justice Willes
in consequence of a good speech; and has had inquiries made about him by
attornies. But the attornies, he thinks, will have forgotten him before
next circuit. There never was a longer hill than that which barristers
hav