from their fetters, and left free to decide according to justice and common sense. It was therefore utterly unfair to visit on Mr Whiteside the sins of others, for which he was in no way accountable; but this is one of the risks which all public men must run.

When Mr Whiteside was raised to the bench, a strange feeling prevailed amongst a large section of the Dublin community. Not that any one grudged the right hon. gentleman any honours, however great, which the country could confer upon him; but people, somehow, seemed to look on him as a species of public property, and to be aggrieved by his withdrawal to the bench, as if they had been ousted of some valuable ancient right. It was not so much the loss of an able advocate-which, whether actual or prospective, affected comparatively few as the loss of an established favourite, who delighted the multitudes by his brilliant wit and eloquence, which caused something like feelings of disappointment and regret at his elevation. It certainly is no exaggeration to say that his popularity was immense, and nothing could exceed the public admiration of this gifted and extraordinary And the mania (as it may be truly called) was not confined to the mere habitues of the Four Courts, who, during the Nisi-Prius sittings, followed him from Court to Court-wherever there was a chance of

man.

hearing Whiteside. In the Courts, at public meetings, the lecturehalls, or elsewhere, crowds were sure to be attracted to the spot. Strangers from all parts visiting Dublin were taken to hear him as a special treat. He was, in fact, one of the great "lions" of the Irish metropolis, and it was now pronounced to be "a sin to cage him within the judicial precincts of Her Majesty's Court of Queen's Bench. We believe it is not too much to say, that no one who ever heard him was disappointed. But he should be heard and seen to be thoroughly appreciated. Whiteside on paper and Whiteside in the flesh were two different beings-different as night and day. He was never dull or uninteresting, and on every occasion, ordinary or extraordinary, he astonished and delighted his hearers. His exquisite humour, which never verged on coarseness or vulgarity, was perfectly irresistible; and the most accomplished actor that ever appeared on the stage never charmed an audience as he did by the natural sallies of his inexhaustible wit. But it was not the outside public alone that was attracted by the charms of his wit and eloquence. The bar, too, busy and briefless alike, succumbed to the general fascination. To those men who had chosen the learned profession "otiandi haud negotiandi causâ,”—for enjoyment, not employment, his elevation to the bench was really nothing short of an irreparable loss; the great charm of their legal life was gone. It was no uncommon occurrence in the library of the Four Courts, when the cry was heard, "Whiteside is on," to see the busy men flinging away their briefs, and rushing off, after the manner of the briefless, clients and attorneys to the contrary notwithstanding. The same scene exactly was repeated in the House of Commons, and hon. members rushed from all quarters to the House when "Whiteside speaking" was announced. It was no wonder, then, that people said it was a pity" to cage" him on the bench; and we have no doubt, if the truth were known, that the Right Hon. James Whiteside himself somewhat shared the popular sentiments, and that it was with no

ordinary pang of regret he left the exciting scenes of his brilliant triumphs for the comparative seclusion of the bench. We now come briefly to consider him in his new sphere of Lord Chief-Justice of Ireland. It was, no doubt, a trying change for one of his peculiar temperament, whose whole life was one long uninterrupted scene of the hottest strife and agitation, to be suddenly transplanted into the chilling atmosphere of the Queen's Bench, The new Chief-Justice took his seat between two judges who had been on the bench for many years, and were cool from experience, if not "by nature placid, and of gravity severe." We intend no disparagement of those most excellent judges, who stand deservedly high in the estimation of the bar and the public. Of one of them, indeed, it has been often said (and we mention it in no invidious contrast), that for dignity, learning, and integrity, he could not be surpassed by any judge on the Irish or English bench. But in one point, at least, there was nothing in common between them and the new Chief-Justice. If they were possessed of brilliant wit and a keen sense of the ridiculous, no one certainly ever accused them of showing any indications of these qualities on the bench. This was, indeed, strange company for Chief-Justice Whiteside; and the legal prophets foretold that his irrepressible humour would ere long disturb the judicial composure of his sober-minded brethren. Such, however, has not been the case, and, with the exception of some few pardonable outbreaks, the seemingly incorrigible Chief has wonderfully controlled "the unruly vein," and given no occasion for scandal or offence. But that high tone and dignified bearing of a polished and courteous gentleman, for which he was all through his previous life so distinguished, have followed him to the bench, and in these respects he thoroughly becomes his high position. As an honourable and upright man there never was a spot or blemish on his reputation; and though he held strong views, and took a decided part in the religious and political questions of the day, he was always honest, manly, and free from guile; and since his elevation to the bench we believe his uprightness and impartiality as a judge has never been suspected or impeached, unless, perhaps, in the columns of some Ultramontane journal. But in this respect few of the Irish judges who ever took a prominent part in politics have entirely escaped. In the celebrated case of "O'Keefe v. Cullen." any suggestions that could be made as to his charge are met at once by the fact that a mixed jury of Protestants and Roman Catholics found a verdict for the plaintiff. It is true that a new trial was granted in that case on the ground of misdirection by the learned judge, but this, of course, was purely on a question of law; and if the case ever goes before the Exchequer Chamber or the House of Lords, it remains to be seen whether the Chief-Justice was right or wrong in his view of the law.

Of all his legal decisions, indeed, it may be truly said that they evince great learning and research, and are reasoned out with much force and perspicuity. Of course, Chief-Justices are not infallible more than other men, but we believe that his judicial career will prove no unfitting sequel to the matchless achievements of his earlier life,

SIR ROBERT JOHN LE MESURIER M'CLURE, C.B.

BORN 1807-DIED 1873.*

SIR ROBERT JOHN LE MESURIER M'CLURE, son of Captain M'Clure of the 89th Regiment, was born in Wexford, January 28th, 1807. He was born after the death of his father, and at the early age of four years was received under the care of his godfather, General Le Mesurier, Governor of Alderney, where he remained till twelve years of age, when he was sent to Eton, and afterwards to Sandhurst. Abandoning

The death of Sir Robert M'Clure occurred shortly after our memoir was written. In the obituary notice which appeared in all the leading journals throughout the kingdom, he was described as the "Discoverer of the North-West. Passage.' This led to a long and rather angry newspaper controversy, in which one side denied as strongly as the other side affirmed that M'Clure was entitled to claim priority of the discovery of the North-West Passage. It will be seen that we quoted on this subject a note from Captain Osborn's book, in which he gives the credit of the discovery to Franklin's expedition. We now gladly append an article from a notice of Sir Robert which appeared in the "Athenæum" of the 1st November 1873. It was written after the controversy had closed, and thus deals with the question at issue:-"In the following year M'Clure performed, probably, the most wonderful feat of ice navigation on record, passing round the south and west sides of Bank's Land, between the shore and the stupendous ice-fields of that inland sea, until he reached the 'Bay of God's Mercy' on the northern coast. The two winters passed in this cheerless spot well nigh exhausted the provisions, and M'Clure had made all his preparations for abandoning the ship, when, on the 6th of April 1852, a party from the Resolution came to his relief. The comparatively short march from the Bay of Mercy to the Resolution's' position of Melville Island completed the North-West Passage; and M'Clure and his 'Investigators' are the only men who have ever passed from ocean to ocean round the northern side of North America. It is, therefore, much to be regretted that any attempt should have been made, especially at such a time as this, to diminish the fanie of Sir Robert M'Clure's glorious achievement. Sir John Franklin made an equally gallant attempt to solve the problem of three centuries, and fell a martyr to the cause of science. All honour to his memory

·

and that of his brave companions! But the fact that M'Clintock found a skeleton a short distance beyond Simpson's Cairn is insufficient to justify a claim to discovery; for the poor fellow was probably unconscious of his position, and, indeed, never could have reported it. Moreover, the discoverer of the North-West Passage must be one who has made it by sailing, or walking on the ice, from ocean to ocean. This was done by M'Clure and his 'Investigators,' and by them alone. The discoverer's commission as Post-Captain was dated back to the day of his discovery, and he received the honour of knighthood. It never was more worthily bestowed. A select committee of the House of Commons reported that Sir Robert M'Clure and his companions performed deeds of heroism, which though not accompanied by the excitement and the glory of the battle-field, yet rival in bravery and devotion to duty the highest and most successful achievements of war. Accordingly, a reward of £10,000 was granted to the officers and crew of H.M.S. Investigator' as a token of national approbation.

"Sir Robert M'Clure, while in command of H.M.S. Esk,' afterwards did excellent service during the Chinese war. This was the last time he was actively employed. When he died somewhat suddenly on the 17th of last October, he had obtained the rank of Vice-Admiral, and he received a Companionship of the Bath for his services in China.

"The funeral of the brave discoverer took place in Kensal Green Cemetery on the 25th, when many brother Arctic explorers assembled round his grave.

"In this generation there are very few men who have achieved more lasting fame than Robert M'Clure. We earnestly hope that the nation will see that his widow receives a pension in proportion to the services of the illustrious dead.”

the military profession as distasteful, he was placed in the naval service, and served on board the " Victory," the "Hastings" (home station), the Niagara" (on the lakes of Canada), and the "Pilot" (coast of North America and the West Indies). In 1836, having attained the rank of lieutenant, he volunteered to join the expedition then setting out to the Arctic Seas, under Sir George Buck. On his return he was made lieutenant of the "Hastings," which conveyed Lord Durham to Canada, where M'Clure signally distinguished himself by successful operations against a strong band of freebooters, which he completely dispersed, having taken prisoner their notorious leader Kelly, for whose capture the British Government had offered a reward of £5000. This reward, however, M'Clure never received, the Government declining to pay, on the grounds, as it is alleged, that the capture was made on the American side of the frontier. He was next employed as superintendent of the Quebec Dockyard, subsequently in the Coast-Guard Service, in the command of the "Romney," which he retained till 1846. In 1848 he joined Sir J. Ross's expedition in search of Sir John Franklin. On this expedition the "Enterprise," of which M'Clure was first lieutenant, and the "Investigator" sailed on the 12th June 1848, but were obliged to return from their perilous operations without success in November 1849, when M'Clure was promoted to the rank of commander in consideration of distinguished services. In 1850 another expedition to resume the search having been determined upon by Government, he was appointed to command the "Investigator," Captain Collinson, C.B., commanding the "Enterprise" as senior officer of the expedition. On the 20th of January 1850, this Arctic squadron sailed from Plymouth. The two ships kept together for some time, but were at last finally parted by a gale in the Straits of Magellan. The "Investigator" proceeded alone, and the narrative of her voyage, edited by Captain Sherard Osborn, C.B., is one of the most interesting that has ever appeared in the annals of Arctic exploration. On the 31st of June M'Clure met Captain Kellett, of the "Herald," in Behring's Straits, and the former having given up all hope of meeting the "Enterprise," it was decided that the "Investigator" should part company and proceed alone, They reached Cape Bathhurst on the 31st of August, and Cape Parry on the 6th of September. Here new land was discovered, which was named " Baring Island," after the then First Lord of the Admiralty, Sir Francis Baring (Lord Northbrook). The supposition that it was an island, however, was afterwards found to be erroneous, as it turned out to be connected with Bank's Land. Thence they passed up a strait which was named Prince of Wales's Strait, the land on the other side being named after Prince Albert. When within twentyfive miles of Barrow Strait, a north-west wind drifted the ice upon them, blocking up their passage. A floe grazed the ship, and it finally drifted back many miles, till it was frozen in on the 30th of September, having accomplished, in the words of Sir Edward Parry, "the most magnificent piece of navigation ever performed in a single season, and which the whole course of Arctic discovery can show nothing to equal." From the 10th to the 21st of October preparations were made to despatch a sledge-party to the northward to reach Barrow Strait, and positively to assure themselves of their having discovered a north-west

passage. Having "housed over" the ship, and left her in charge of Lieutenant Haswell, Captain M'Clure, on 21st of October 1850, started with a sledge manned by six men for Barrow Strait. On the 26th of October Captain M'Clure and his party pitched their tents on the shores of Barrow Strait. Having started before sunset they ascended a hill 600 feet above the sea-level, and patiently awaited the increase of light to reveal the long-sought-for North-West Passage. "As the sun rose, the panorama slowly unveiled itself. First the land called after H.R.H. Prince Albert showed out on an casterly bearing; and from a point, since named after the late Sir Robert Peel, it evidently turned away to the east, and formed the northern entrance of the channel upon that side.

"The coasts of Bank's Land, on which the party stood, terminated at a low point, about twelve miles further on, thus forming a part of, and connecting itself with, that land, the loom of which had been so correctly reported and so well placed on our charts by Sir Edward Parry's expedition, more than thirty years before. Away to the north, and across the entrance of Prince of Wales's Strait, lay the frozen waters of Barrow, or, as now called, Melville Strait; and raised, as our explorers were, at an altitude of 600 feet above its level, the eyesight embraced a distance which precluded the possibility of any land lying in that direction between them and Melville Island.

"A North-West Passage was discovered! All doubt as to the existence of a water communication between the two great oceans was removed; and now alone remained for Captain M'Clure, his officers and men, to perfect the work by traversing a few thousand miles of known ground between them and their homes."

In a note to the above extract from Captain Osborn's book, he thus writes in reference to Sir John Franklin's expedition :-" The subsequent recovery, by Captain Sir Leopold M'Clintock, of the relics and records of the expedition under Sir John Franklin, proved that his illfated crew, coming from the Atlantic, did in the year 1848 perish on the coast of America, on or about the mouth of the Great Fish River. That position has been long known to communicate directly with the Pacific Ocean by way of Behring's Strait. The priority of the discovery of the North-West Passage clearly, therefore, belongs to Franklin's expedition; but the credit of discovering two other water communications, ice-choked though they be on either side of Bank's Land, between the waters of the Atlantic and Pacific, belongs to Sir Robert McClure."

On the 31st they had returned to the ship, having travelled 156 miles in nine days. For ten months the "Investigator" was ice-bound. In July 1851, M'Clure blasted the floe with gunpowder, and was once more free; but the northern passage was still closed with ice, so he retraced his way southwards, and turned northward round the western coast of Barrow Island, and, after innumerable perils, reached Mercy Bay, where they were again frozen in on the 24th of September. The privations endured by M'Clure and his crew till their final relief in April 1853 were almost unparalleled in the history of Arctic exploration. Their rescue from what seemed inevitable death was due to the fortunate discovery by M'Clintock of a notice left by M'Clure ou Melville Island. M'Clure was still unwilling to abandon his ship,