his scepticism.
The most important of his appearances was in the Folkestone case.[172]
His 'opening argument, and even more his reply' (upon the appeal), 'were
masterpieces, and they obtained from the Privy Council a judgment in
very marked contrast to those which had preceded it.' His argument, as
Sir F. Jeune thinks, induced the Privy Council to some extent 'to
retrace, or at least seem to retrace, its steps.' The judgment
sanctioned what is known as the 'Eastern position,' and certain other
ritualistic practices. In another case,[173] it was decided, in
accordance with Fitzjames's argument, that a sculptured representation
of the Crucifixion, as opposed to the exhibition of a crucifix, was
lawful.
Fitzjames, in his letters at this time, gives his own view pretty
emphatically. While you, he says to Lord Lytton, (I shall speak of this
correspondence directly) 'are fighting with famine in India, I am
struggling over albs and chasubles, and superstitions not more
reasonable than those about Vishnu and Shiva.' 'I have been passionately
labouring for the last nine days' (he says a little later in regard to
the Folkestone case) 'for the liberty of the clergy to dress themselves
in certain garments and stand in particular attitudes. All my powers of
mind and body were devoted to these important objects, till I dreamed of
chasubles and wafers.' Some years ago, he remarks, certain natives of
India, having an interest in an appeal to the Privy Council, caught an
idiot and slew him on a hill-top as a sacrifice to the deity who
presides over the deliberations of that body. A being capable of being
propitiated in that fashion might take an interest in squabbles over
wafers and chasubles. 'It is a foolish subject to joke about,' he adds,
'for beyond all manner of doubt my clients' real object is to get as
much idolatry as possible into the poor old Church of England, and I
believe that they will sooner or later succeed in making the whole thing
look absurd and breaking it up.' Whether that would be a good thing or
not is a matter upon which he feels unable to make up his mind.
Amid these various occupations, Fitzjames, however fully occupied,
showed no symptoms of being over-worked or over-worried. He had, in a
remarkable degree, the power of taking up and dismissing from his mind
the matters in each of which he was alternately absorbed. He could throw
himself into codifying, or speculating, or getting up briefs at any
momen
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