ain beef and mutton. However that may be, he liked the simplest fare,
but he liked plenty of it. To be restricted in that matter was,
therefore, a real hardship. He submitted, however, and his health
improved decidedly for the time. Perhaps he dismissed too completely the
thought of the danger by which he was afterwards threatened. But, in
spite of the improvement, he had made a step downwards. He was allowed
to go on circuit again in the summer, after his three months' rest, and
soon felt himself quite equal to his work. But, from this time, he did
not add to his burthens by undertaking any serious labours of
supererogation.
III. JUDICIAL CHARACTERISTICS
I will here say what I can of his discharge of the judicial functions
which were henceforth almost his sole occupation. In the first place, he
enjoyed the work, and felt himself to be in the position most suitable
to his powers. Independent observers took, I believe, the same view. I
have reported the criticisms made upon his work at the bar, and have
tried to show what were the impediments to his success. In many respects
these impediments ceased to exist, and even became advantages, when he
was raised to the bench. The difficulty which he had felt in adapting
himself to other men's views, the contempt for fighting battles by any
means except fair arguments upon the substantial merits of the case,
were congenial, at least, to high judicial qualities. He despised
chicanery of all kinds, and formed independent opinions upon broad
grounds instead of being at the mercy of ingenious sophistry. He was
free from the foibles of petty vanity upon which a dexterous counsel
could play, and had the solid, downright force of mind and character
which gives weight to authority of all kinds. I need not labour to prove
that masculine common sense is a good judicial quality. Popular opinion,
however, is apt to misconstrue broad epithets and to confound vigour
with harshness. Fitzjames acquired, among careless observers, a certain
reputation for severity. I have not the slightest wish to conceal
whatever element of truth there might be in such a statement. But I must
begin by remarking a fact which, however obvious, must be explicitly
stated. If there was one thing hateful to Fitzjames, and sure to call
out his strongest indignation, it was oppression in any form. The
bullying from which he suffered at school had left, as I have said, a
permanent hatred for bullies. It had not enco
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