Melville's Impeachment

The last English impeachment occurred in 1806, and involved Henry Dundas, the Lord Melville.  Lord Henry Cockburn writes of an incident that occurred after Dundas' acquittal, involving Walter Scott, which appears unfavorable to the author, on the surface.  The incident took place on on June 27, 1806. Cockburn treats the issue equitably, in his “Memorials of his Time”.

‘…There were two occurrences more

important — the Impeachment of Lord Melville; and the

proposed reform of the Court of Session.

The charges against Lord Melville were groundless,

and were at last reduced to insignificancy. To those

who knew the pecuniary indifference of the man, and

who think of the comparative facility of peculation in

those irregular days, the mere smallness of the Bums

which he was said to have improperly, touched, is of

itself almost sufficient evidence of his innocence. If he

had been disposed to peculate, it would not have been

for farthings. Nevertheless, his impeachment did more

to emancipate Scotland than even the exclusion of his

party from power. His political omnipotence, which

without any illiberality on his part, implied, at that time,

the suppression of all opposition, had lasted so long and

so steadily, that in despair the discontented concurred in

the general impression that, happen what might, Harry

the ninth would always be uppermost. When he was

not only deprived of power, but subjected to trial, peo-

ple could, scarcely believe their senses. The triumphant

anticipations of his enemies, many of whom exulted with

premature and disgusting joy over the ruin of the man,

were as absurd as the rage of his friends who railed,

with vain malignity, at his accusers and the Constitution.

Between the two, the progress of independence was ma-

terially advanced. A blow had been struck which, not-

withstanding his acquittal, relaxed our local fetters. Our

little great men felt the precariousness of their power;

and even the mildest friends of improvement — those who,

though opposed to him, deplored the fall of a distinguish-

ed countryman more than they valued any political bene-

fit involved in his misfortune, were relieved by seeing

that the main-spring of the Scotch pro-consular system

was weakened.

It was at a public dinner in honor of the acquittal

(27th June, 1806) that Scott produced, and his friend

James Ballantyne sang, that unfortunate song so often

brought against him afterwards, in which, Fox being

then in his last illness, there is a line cheering "Tally-

ho to the Fox" If, as was said, Scott really intended

this as a shout of triumph over the expiring orator, it was

an indecency which no fair license of party zeal can pal-

liate. But I am inclined to believe that nothing was

meant beyond one of the jocular, and not unnatural, ex-

ultations over the defeated leaders of the impeachment,

of which the song is composed. There were some import-

ant persons, however, whose good opinion by this indis-

cretion was lost to Scott forever.*

* Lockhart's explanation (Life of Scott, chap. 15) is, that Scott having (ap-

parently) just accepted of his Clerkship of Session from the Whigs, thought

it necessary to show his independence by abusing them. It seems absurd

to impute this to a sensible man. Besides, it does not hit the blot. It was

not abuse of the Whigs that gave offence, but a supposed triumphant cheer

over Fox's approaching death. ..’