The Origin of the Distinction of Ranks. John Millar
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Mr. Millar, notwithstanding all these occupations, still found time for limited practice as a lawyer, a profession which he had not altogether abandoned, in undertaking the duties of a Public Teacher. He was very frequently consulted, as Counsel, previously to the commencement of a law suit, or<lxxxviii> when any difficulty occurred in conveyancing; and the time he could spare from his other employments was occupied in determining causes referred to his arbitration. The delay and expence of law-suits, partly unavoidable in a commercial country, but partly also owing to the constitution of the Court of Session, has rendered it extremely common for parties, when both are convinced of the justice of their claims, to refer their disputes to private arbitration. For the office of Arbiter, Mr. Millar was singularly qualified. While, from his residence in a mercantile town, he could easily be informed of the usages of merchants, he was led, by his professional habits, to pay that attention to strict law, which is requisite to substantial justice, in a country where all agreements are entered into with the knowledge that they may become the subject of legal interpretation. His natural acuteness, too, led him to seize very readily the important circumstances of a case, and to detach them from such collateral topics, as might have bewildered the judgment, and certainly must have protracted the investigation. His decisions were consequently prompt, but they never were inconsiderate. As the surest guard against error, he was in the habit, before pronouncing his awards, of submitting his opinion, with a short statement of<lxxxix> the principles on which it rested, to the parties; and, not unfrequently, these statements were drawn up in a manner so clear and satisfactory, as to convince even the party against whose claims he intended to decide.
At the circuits, Mr. Millar was in the habit, for many years, of appearing as counsel for those unfortunate men who are brought to the bar to answer for their crimes. Thinking, with other philosophers, that the criminal laws of this country are, in many instances, unnecessarily and unjustly severe, he entered with warmth into the defence of those who, however profligate in their morals, were in danger of being subjected to punishments more than adequate to their offences. In the examination of witnesses, he showed uncommon skill and penetration; and his addresses to the Juries,* besides containing a most acute and severe examination of such part of the evidence as seemed unfavourable to the prisoner, exhibited a clear view of whatever tended to establish his innocence, and, not unfrequently, were terminated by a most powerful appeal to the feelings of his audience. Before I was old enough to attend to criminal<xc> trials, Mr. Millar had declined appearing at the Circuits, that he might not deprive younger lawyers of an opportunity of displaying their talents; but I have been assured by many gentlemen, on whose opinions I can rely, that his addresses to the Jury were very brilliant and successful exertions of forensic eloquence.
Fully occupied, in the winter, with the duties of his office, and engaged, during the summer, in improving his Lectures, or preparing his works for the press, Mr. Millar went seldom from home: sometimes, however, he made a short excursion to different parts of Scotland, or the north of England, occasionally he passed a few days with his friends in Edinburgh, and, for several summers, he paid an annual visit to his favourite pupil, Lord Maitland, now the Earl of Lauderdale. With none of his pupils did Mr. Millar continue on a footing of so much intimacy and friendship as with Lord Lauderdale; and it is to their frequent and unreserved communication of sentiment, that a similarity, observable between their opinions of the nature of the profit of stock, may be ascribed.* Which of them first suggested this ingenious idea, it would probably have been difficult, even for<xci> themselves, to determine: it is likely to have occurred in some of their conversations on political oeconomy, and, having been afterwards developed and improved by both, it naturally conducted them to similar results.
Mr. Millar paid two visits to London; the first was in 1774. Having remained in the capital about two months, and having seen the principal objects of curiosity, he made a short excursion to Cambridge, and stopped for three weeks at Oxford, on his return; partly with the view of making himself acquainted with the present state of these celebrated Universities, and partly for the purpose of consulting several authors on the early history of Modern Europe, whose works he had not an opportunity of perusing at home.
His second visit to London he made in 1792, accompanied by Mrs. Millar and his eldest daughter. Having set off in the beginning of May, immediately after the conclusion of his Lectures, he arrived in London in sufficient time to be present at several very important debates, in both houses of Parliament, and he enjoyed the satisfaction of becoming acquainted with Mr. Fox and the other leaders of opposition, whose talents he admired, whose steady patriotism, unshaken by obloquy, and superior to popular cen-<xcii>sure or applause, was the object of his highest veneration. The chief part of his time, however, that from which he probably derived the greatest enjoyment, was passed in the society of his former pupils, Lord Lauderdale, and Mr. Adam, now one of the King’s Counsel, and Attorney General to the Prince of Wales, and in the family of his old friend, Dr. Moore, the celebrated author of Zeluco and Edward.23
The greatest intimacy had subsisted between Dr. Moore and Mr. Millar, from the time they were young men; an intimacy which had been farther promoted by their marrying ladies who were companions and friends. While Dr. Moore was on the continent, with the Duke of Hamilton, engaged in those travels, with an account of which he afterwards delighted the world, Mrs. Moore was a frequent visiter at the college, and Mr. Millar took a general superintendence of the education of her sons. During the short stay the Doctor made in Glasgow, after his return, he spent a great deal of his time with Mr. Millar, and, on his going to reside in London, they began a correspondence, some part of which might not have been uninteresting to the public, had they thought it proper to preserve letters written merely for each other’s<xciii> perusal.* Their talents were calculated to produce mutual esteem, and their powers of conversation to contribute very highly to each other’s amusement.
Mr. Millar had the art, in a most uncommon degree, of adapting his conversation to those around him. Even to children, he could make himself a most amusing companion; and no young person ever left his company without being charmed with his vivacity. His countenance was uncommonly animated and expressive; his stature about the middle size; his person strong, active, and athletic, rather than elegant. When he first entered a room, his manner was not altogether free from formality and constraint; but this continued only for a moment. The first subject that was started kindled animation in his eye, and seemed entirely to engross his mind. Never did he show the slightest absence, nor allow any carelessness, or contemptuous indif-<xciv>ference, to escape him. Never, indeed, did he feel that languor from which they most commonly proceed. However trifling the subject might be, he was always lively and animated; his constant flow of spirits enabled him to extract some amusement from every topic, and every character; and his repartees, though not rising to that high species of wit, which can delight on repetition, flowed so naturally from the conversation, and were accompanied with so much gaiety, playfulness, and good humour, that, perhaps, no company ever was dull or languid in his presence.
His conversation was equally agreeable to those who preferred