tions of the present day; and still more so, when contrasted with certain parts of the recent system for levying the tax upon property. We have noticed this example, chiefly for the sake of showing that Forbes's views were as sound upon these subjects, as those of the persons by whom he has been succeeded; and that, if we could oftener withdraw our eyes from the objects of their habitual contemplation, we should oftener see the folly of many things which appear to us correct, merely because they are common.
Being appointed president of the court of session in 1737, he applied himself with great zeal to a duty which has conferred lasting service on his country, that of improving the regulations of his court. Previously, the chief judge, by having it in his power to postpone a cause, or to call it at his pleasure, was enabled sometimes to choose a particular time for its decision, when certain judges whom he knew to have made up their minds, were absent. Forbes put an end to this flagrant error in the constitution of the court, by rendering it impossible for the judges to take up a case except as it stood on the roll. He also exerted himself to prevent any accumulation of undetermined causes.
The character of the highlanders and the improvement of the highlands, had all along been objects of the first magnitude with the lord president, nor did he lose sight of them, when his elevation to the first place in Scottish society brought him to be conversant with others equally important. Viewing the aspect of the political horizon, and aware that the clans in such times as appeared to be approaching, could scarcely fail to fall into the hands of political agitators, he digested a plan (the very same for which Chatham received so much applause for carrying into effect), for embodying the most disaffected of them into regiments, under colonels of tried loyalty, but officered by their own chieftains, who would thus be less liable to be tampered with by the emissaries of the Stuarts, and be insensibly led to respect an order of things which, it might be presumed, they disliked, chiefly because they did not comprehend it, and from which as yet they did not suppose they had derived any benefit. This proposal the lord president communicated to the lord justice clerk, Milton, who reported it to lord Hay, by whom it was laid before Sir Robert Walpole, who at once comprehended and admired it When, however, he laid it before the council, recommending it to be carried into immediate effect, the council declared unanimously against it. "Were the plan of the Scottish judge," said they, "adopted, what would the patriots say? Would they not exclaim, Sir Robert Walpole had all along a design upon the constitution? He has already imposed upon us a standing army, in addition to which he is now raising an army of barbarians, for the sole purpose of enslaving the people of England." Walpole was too well acquainted with the temper of the patriots, as they called themselves, not to feel the full force of this reasoning, and the measure was given up, though he was fully convinced that it was conceived in wisdom, and would have been infallibly successful in its operation.
Though his advice was neglected, the event showed that his suspicions were well founded. The disturbed state of Europe encouraged the jacobites, particularly in the highlands, to sign an association for the restoration of the pretender, which was sent to him at Rome, in the year 1742. During the following years, there was a perpetual passing and repassing between the court of France, the pretender, and the association, without the knowledge of the most vigilant observers on the part of the government. So cautiously, indeed, did the highland chieftains conduct themselves, that even the lord president, who was intimately acquainted with their characters and propensities, seems to have been perfectly unaware of any immediate rising, when he was acquainted by a letter from Macleod of Macleod, that Charles was actually arrived, and had by
