ties and the belles lettres was the most congenial to his own mind, and in both
he was eminently fitted to excel; but from the state of his affairs on the death
of his father, who left a large family and an estate deeply encumbered, he found
it necessary to adopt the law as a profession, that he might be able to meet the
demands which lay against the family inheritance, and make suitable provision
for those dependent on him. He accordingly made his appearance as an advocate, or, as it is technically expressed, was called to the Scottish bar, in the
year 1748. Here, however, though he had considerable practice, his success
was not equal to the sanguine expectations of his friends. In the science
of 'law few men were more expert than Sir David Dalrymple, and in point of
industry, he was surpassed by no one of his contemporaries; but he had certain
peculiarities, probably inherent in his nature, strengthened by study, and confirmed by habit, that impeded his progress, and rendered his efforts less effective
than those of men who were far his inferiors in natural and acquired abilities.
From natural modesty and good taste, he had a sovereign contempt for verbal
antitheses, rounded periods, and every thing that had the semblance of declamation, for excelling in which he was totally unqualified his voice being ill-toned, and his manner ungraceful. In consequence of these defects, his pleadings, which
were always addressed to the judgment, never to the passions, often fell short of those of his opponents, who, possessing less enlarged views of their subject, but having higher rhetorical powers, and being less fastidious in the choice of
words, captivated their auditors by the breadth of their irony and the sweeping rotundity of their periods. Nor did his memorials, though classically written, and replete with valuable matter, at all times meet with the approbation of the
court, which was disposed at times to find fault with their brevity and sometimes with the extreme attention they manifested to the minutiae of forms, in which it was alleged he concealed the merits of the case. On points, however, which
interested his feelings, or which involved the interests of truth and virtue, he lost sight of the intricacies of form ; his language became glowing, and his arguments unanswerable. No advocate of his own standing was at the time more
truly respectable ; and he was often employed as advocate-depute, which gave him frequent opportunities of manifesting that candour of heart and tenderness of disposition, which were at all times striking features of his character, and
which so well become the prosecutor in a criminal court. Going the western circuit on one occasion, in this capacity, he came to the town of Stirling, where, the first day of the court, he was in no haste to bring on the business; and being met by a brother of the bar, was accosted with the question, Why there was no trial this forenoon. "There are," said Sir David, "some unhappy culprits to be tried for their lives, and therefore it is proper they have time to confer for a little with their men of law." "That is of very little consequence," said the other. "Last year I came to visit lord Kaimes, when he was here on the circuit, and lie appointed me counsel for a man accused of a rape. Though 1 had very little time to prepare, yet I made a decent speech." " Pray, Sir," said Sir David, " was your client acquitted or condemned?" " O," replied the other,
"most unjustly condemned." "That, Sir," said the depute-advocate, "is no good argument for hurrying on trials."
Having practised at the bar with increasing reputation for eighteen years, Sir David Dalrymple was, with the warmest approbation of the public, appointed one of the judges of the court of session, in the year 1766. He took his seat on the bench with the usual formalities, by the title of lord Hailes, the designation by which he is generally known among the learned throughout Europe. This was a situation, which it was admitted on all hands, that Sir David Dalrymple was admirably calculated to fill. His unwearied assiduity in sifting dark
