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Kay's Originals Vol. 1

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20 BIOGRAPHICAL SKETCHES. excellent qualities, he was not a little remarkable for his eccentricities, and for the strangeness and oddity of some of his opinions and sentiments, The most remarkable of these, as recorded by himself in his celebrated work on the Origin and Progress of Language, is the assertion that “ the human race were originally gifted with tails ! ” It was in allusion to this extraordinary discovery, that Lord Karnes, to whom he would on a certain occasion have conceded precedency, declined it, saying, “By no means, my lord, you must walk first that I may see your tail ! ” The work of his lordship, above alluded to, was severely handled in the Edinburgh Magazine and Ileview, by Dr. Gilbert Stuart, its editor, a severity which is said to have occasioned the downfall of that publication by the general offence which it gave.l Many peculiarities also marked his lordship’s conduct in his oEcial capacity, for he brought them even into court with him. Amongst these was his never sitting on the bench with his brethren, but underneath with the clerks, a proceeding which is said to have been owing to the circumstance of their lordships having on one occasion decerned against him in a case when he was a pursuer for the value of a horse, and in which he pleaded his own cause at the bar.’ Generally speaking, he was not inclined to assent to the decisions of his colleagues. On the contrary, he was often in the minority, and not unfrequently stood alone. He was nevertheless an eminent lawyer, and a most upright judge, and had more than once the gratification of having his decision confirmed in the House of Peers, when it was directly opposed to the unanimous opinion of his brethren. It has been already mentioned that an exclusive admiration of classic literature, which extended to everything connected with it, formed a prominent feature in his lordship’s character. This admiration he carried so far as to get up suppers in imitation of the ancients. These he called his learned suppers. He gave them once a week, and his guests generally were Drs. Black, Hutton, and Hope, and Mr. William Srnellie, printer, including occasionally the son of the gentleman last mentioned, Mr. Alexander Smellie. His lordship was in the habit for many years, during the vacations, of making a journey to London, where he enjoyed the society of some of the most eminent men of the period; then residing there, and frequently had the honour of personal interviews with the King, who took much pleasure in conversing with him: To this work Hume, the historian, was a contributor. This statement relative to the came which induced his lordship to take hu seat at the clerks’ table, is somewhat doubtful ; the deafness under which he labonred affords a much more satisfactory reason. The first time he sat there was upon occasion of the decision of the Douglas cause, when having been originally the leading counsel on behalf of Archibald Douglas (afterwards Lord Douglas), he felt a delicacy in giving his opinion from the bench, and preferred delivering it at the clerks’ table. His speech in favour of the paternity is admitted to have been the most able one on that side of the question. 3 During one of his visits to London (May 1785) he was present in the King’s Bench, when, owing to a false rumour that the court-room was falling, the judges, and lawyers, and visitors, made a rush
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