[22] [Lord Brougham had taken his seat on the Woolsack as Lord High Chancellor on the afternoon of this day, the 22nd of November. The patent of his peerage bore the same date.]

[23] [The Marquis of Tavistock, Lord John Russell's eldest brother, afterwards Duke of Bedford. Lord John has since held almost every Cabinet office: his brother's notion that his health was unequal to the War Office in 1830 is amusing.]

[24] [The Master of the Rolls was at that time the presiding Judge of Appeal at the Privy Council, which was commonly spoken of as 'the c.o.c.kpit,' because it sat on the site of the old c.o.c.kpit at Whitehall; but the business was very ill done, which led Lord Brougham to bring in and carry his Act for the creation of the Judicial Committee in 1832--one of his best and most successful measures.]

He said the Duke of Richmond had done admirably in capturing the incendiary who has been taken, and who they think will afford a clue whereby they will discover the secret of all the burnings.

This man called himself Evans. They had information of his exciting the peasantry, and sent a Bow Street officer after him.

He found out where he lived and captured him (having been informed that he was not there by the inmates of the house), and took him to the Duke, who had him searched. On his person were found stock receipts for 800, of which 50 was left; and a chemical receipt in a secret pocket for combustibles. He was taken to prison, and will be brought up to town. Montrond was very amusing--'You, Lord Brougham, when you mount your bag of wool?'

November 23rd, 1830 {p.071}

[Page Head: COUNCIL OF THE NEW MINISTERS.]

Yesterday at Court; a great day, and very amusing. The old Ministers came to give up their seals, and the new Ministers came to take them. All the first were a.s.sembled at half-past one; saw the King in his closet severally, and held their last Council to swear in George Dawson a Privy Councillor. Each after his audience departed, most of them never to return. As they went away they met the others arriving. I was with the old set in the Throne Room till they went away, and on opening the door and looking into the other room I found it full of the others--Althorp, Graham, Auckland, J. Russell, Durham, &c., faces that a little while ago I should have had small expectation of finding there. The effect was very droll, such a complete _changement de decoration_. When the old Ministers were all off the business of the day began. All the Cabinet was there--the new Master of the Horse (Lord Albemarle), Lord Wellesley, his little eyes twinkling with joy, and Brougham, in Chancellor's costume, but not yet a Peer. The King sent for me into the closet to settle about their being sworn in, and to ask what was to be done about Brougham, whose patent was not come, and who wanted to go to the House of Lords. These things settled, he held the Council, when twelve new Privy Councillors were sworn in, three Secretaries of State, Privy Seal, and the declarations made of President of Council and Lord-Lieutenant of Ireland. The King could not let slip the opportunity of making a speech, so when I put into his hands the paper declaring Lord Anglesey Lord-Lieutenant he was not content to read it, but spoke nearly as follows:--'My Lords, it is a part of the duty I have to perform to declare a Lord-Lieutenant of Ireland, and although I certainly should have acquiesced in any recommendation which might have been made to me for this appointment by Earl Grey, I must say that I have peculiar satisfaction in entrusting that most important charge to the n.o.ble Lord, whom I therefore declare with entire satisfaction Lord-Lieutenant of Ireland. And, my Lords, I must say that this day is since that of the death of my poor brother (here his voice faltered and he looked or tried to look affected) the most important which has occurred since the beginning of my reign, for in the course of my long life it has never happened to me to see so many appointments to be filled up as on this day; and when I consider that it is only last Tuesday night that the force of circ.u.mstances compelled those who were the confidential advisers of the Crown to relinquish the situations which they held, and that in this short s.p.a.ce of time a new Government has been formed, I cannot help considering such despatch as holding forth the best hopes for the future, and proving the unanimity of my Government; and, my Lords, I will take this opportunity of saying that the n.o.ble Earl (Grey) and the other n.o.ble Lords and gentlemen may be a.s.sured that they will receive from me the most cordial, unceasing, and devoted support.' The expressions of course are not exactly the same, but his speech was to this purpose, only longer. Brougham kissed hands in the closet, and afterwards in Council as Chancellor and Privy Councillor, and then went off to the House of Lords.

CHAPTER XIII.

A Proclamation against Rioters--Appointments--Duke of Wellington in Hampshire--General Excitement--The Tory Party--State of Ireland--More Disturbances--Lord Grey's Colleagues--Election at Liverpool--The Black Book--The Duke of Wellington's Position and Character--A Council on a Capital Sentence--Brougham in the House of Lords--The Clerks of the Council--Lord Grey and Lord Lyndhurst--The Chancellor of Ireland--Lord Melbourne--Duke of Richmond--Sir James Graham--Lyndhurst Lord Chief Baron--Judge Allan Park--Lord Lyndhurst and the Whigs--Duke of Wellington and Polignac--The King and his Sons--Polish Revolution-- Mechanics' Inst.i.tute--Repeal of the Union--King Louis Philippe--Lord Anglesey and O'Connell--A Dinner at the Athenaeum--Canning and George IV.--Formation of Canning's Government--Negotiation with Lord Melbourne--Count Walewski-- Croker's Boswell--State of Ireland--Brougham and Sugden--Arrest of O'Connell--Colonel Napier and the Trades Unions--The Civil List--Hunt in the House of Commons--Southey's Letter to Brougham on Literary Honours--The Budget--O'Connell pleads guilty--Achille Murat--Weakness of the Government--Lady Jersey and Lord Durham--Lord Duncannon--Ireland--Wordsworth.

November 25th, 1830 {p.073}

The accounts from the country on the 23rd were so bad that a Cabinet sat all the morning, and concerted a proclamation offering large rewards for the discovery of offenders, rioters, or burners. Half the Cabinet walked to St. James's, where I went with the draft proclamation in my pocket, and we held a Council in the King's room to approve it. I remember the last Council of this sort we held was on Queen Caroline's business. She had demanded to be heard by counsel in support of her a.s.serted right to be crowned, and the King ordered in Council that she should be heard. We held the Council in his dressing-room at Carlton House; he was in his bedgown, and we in our boots. This proclamation did not receive the sign manual or the Great Seal and was not engrossed till the next day, but was nevertheless published in the 'Gazette.'

Yesterday the accounts were better. There was a levee and Council, all the Ministers present but Palmerston and Holland. The King made a discourse, and took occasion (about some Admiralty order) to introduce the whole history of his early naval life, his first going to sea and the instructions which George III. gave Admiral Digby as to his treatment. All the old Ministers came to the levee except the Duke of Wellington, who was in Hampshire to try his influence as Lord-Lieutenant in putting down the riots. Anson as Master of the Buckhounds was made a Privy Councillor, not usually a Privy Councillor's place, but the King said he rather liked increasing the number than not. Clanricarde has a Gold Stick, so there is Canning's son-in-law in office under Lord Grey! There has been a difficulty about the Master-General of the Ordnance, and a little difference between Lord Grey and Lord Hill: when the Duke of Richmond was withdrawn, Grey determined to appoint Sir W.

Gordon, but as Gordon would have to give up a permanent for a temporary office, he bargained that he should have the Grand Cross of the Bath. Lord Grey at the same time promised his brother Sir Charles Grey a Grand Cross, but Lord Hill (who as Commander-in-Chief has all the Crosses at his disposal) was offended at what he considered a slight to him and went to the King to complain. It is probable that Lord Grey knew nothing of the matter, and fancied they were all recommended by himself. As the matter stands now, Gordon's appointment is suspended. The only other difficulty is to find a Secretary at War. Sandon is to have it, if they can make no better arrangement. I had a long conversation with the Duke of Richmond yesterday about refusing the salary of his office, and entreated him to take it, for most people think his declining it great nonsense. He alleged a great many bad reasons for declining, but promised to consider the matter.

I am in a very disagreeable situation as regards my late colleague's place. Lord Bathurst wrote a letter to Lord Lansdowne stating that the King had approved of his son's appointment, and that he had intended to reduce the salary of the office. Lord Grey spoke to the King, and said that after what had pa.s.sed in both Houses he did not wish to do anything, but to leave the office to be dealt with by a Committee of the House of Commons, under whose consideration it would come. Lord Lansdowne said he certainly should do nothing either, so that it remains to be seen whether they will give me a colleague, a deputy, or nothing at all.

November 28th, 1830 {p.075}

The Duke of Wellington, who as soon as he was out of office repaired to Hants, and exerted himself as Lord-Lieutenant to suppress the disorders, returned yesterday, having done much good, and communicated largely with the Secretary of State. The Government are full of compliments and respects to him, and the Chancellor wrote him a letter entreating he would name any gentleman to be added to the Special Commission which was going down to the county over which he 'so happily presided.' He named three.

[Page Head: DISTURBED STATE OF THE COUNTRY.]

There has been nothing new within these three days, but the alarm is still very great, and the general agitation which pervades men's minds unlike what I have ever seen. Reform, economy, echoed backwards and forwards, the doubts, the hopes and the fears of those who have anything to lose, the uncertainty of everybody's future condition, the immense interests at stake, the magnitude and imminence of the danger, all contribute to produce a nervous excitement, which extends to all cla.s.ses--to almost every individual. Until the Ministers are re-elected n.o.body can tell what will be done in Parliament, and Lord Grey himself has no idea what sort of strength the Government will have in either House; but there is a prevailing opinion that they ought to be supported at this moment, although the Duke of Wellington and Peel mean to keep their party together. Lyndhurst's resignation with his colleagues (added to his not being invited to join this Government) has restored him to the good graces of his party, for Lord Bathurst told me had behaved very honourably. He means now to set to work to gain character, and as he is about the ablest public man going, and nearly the best speaker, he will yet bustle himself into consideration and play a part once more. Peel, Lyndhurst, and Hardinge are three capital men for the foundation of a party--as men of business superior to any three in this Cabinet. But I doubt if the Duke will ever be in a civil office again, nor do I think the country would like to see him at the head of a Government, unless it was one conducted in a very different manner from the last. For the present deplorable state of things, and for the effervescence of public opinion, which threatens the overthrow of the const.i.tution in trying to amend it, Peel and the Duke are entirely responsible; and the former is the less excusable because he might have known better, and if he had gone long ago to the Duke, and laid before him the state of public opinion, told him how irresistible it was, and had refused to carry on the Government in the House of Commons with such a crew as he had, the Duke must have given way. Notwithstanding the great measures which have distinguished his Government, such as Catholic Emanc.i.p.ation, and the repeal of the Test Acts, a continual series of systematic blunders, an utter ignorance of, and indifference to, public opinion, have rendered the first of these great measures almost useless. Ireland is on the point of becoming in a worse state than before the Catholic question was settled; and why? Because, first of all, the settlement was put off too long, and the fever of agitation would not subside, and because it was accompanied by an insult to O'Connell, which he has been resolved to revenge, and which he knows he can punish.

Then instead of depriving him of half his influence by paying the priests, and so getting them under the influence of Government, they neglected this, and followed up the omission by taxing Ireland, and thus uniting the whole nation against us. What is this but egregious presumption, blindness, ignorance, and want of all political calculation and foresight? What remains now to be done? Perhaps nothing, for the anti-Union question is spreading far and wide with a velocity that is irresistible, and it is the more dangerous because the desire for the repeal of the Union is rather the offspring of imagination than of reason, and arises from vague, excited hopes, not, like the former agitation, from real wrongs, long and deeply felt. But common shifts and expedients, partial measures, will not do now, and in the state of the game a deep stake must be played or all will be lost. To buy O'Connell at any price, pay the Catholic Church, establish poor laws, encourage emigration, and repeal the obnoxious taxes and obnoxious laws, are the only expedients which have a chance of restoring order. It is easy to write these things, but perhaps difficult to carry them into execution, but what we want is a head to conceive and a heart to execute such measures as the enormous difficulties of the times demand.

December 1st, 1830 {p.077}

[Page Head: THE RESULTS OF TORY GOVERNMENT.]

The last two or three days have produced no remarkable outrages, and though the state of the country is still dreadful, it is rather better on the whole than it was; but London is like the capital of a country desolated by cruel war or foreign invasion, and we are always looking for reports of battles, burnings, and other disorders. Wherever there has been anything like fighting, the mob has always been beaten, and has shown the greatest cowardice. They do not, however, seem to have been actuated by a very ferocious spirit; and considering the disorders of the times, it is remarkable that they have not been more violent and rapacious. Lord Craven, who is just of age, with three or four more young Lords, his friends, defeated and dispersed them in Hampshire. They broke into the Duke of Beaufort's house at Heythrop, but he and his sons got them out without mischief, and afterwards took some of them. On Monday as the field which had been out with the King's hounds were returning to town, they were summoned to a.s.sist in quelling a riot at Woburn, which they did; the gentlemen charged and broke the people, and took some of them, and fortunately some troops came up to secure the prisoners. The alarm, however, still continues, and a feverish anxiety about the future universally prevails, for no man can foresee what course events will take, nor how his own individual circ.u.mstances may be affected by them.

The Government in the meantime promises fair, and they begin by a display of activity, in early attendance at their offices, and unusual recommendation of diligence and economy. But Lord Grey's Government is already carped at, and not without apparent reason.

The distribution of offices is in many instances bad; many of the appointments were bad, and the number of his own family provided for is severely criticised. There are of Lord Grey's family: Howick, Under-Secretary; Ellice, Secretary of the Treasury; Barrington, Lord of the Admiralty; Durham, Privy Seal; Wood, Private Secretary (though he has no salary); and Lambton's brother in the Household. Melbourne at the Home Office is considered an inefficient successor to Peel, Graham too young and not enough distinguished for the Admiralty; Poulett Thomson is said to entertain the most Radical opinions; Althorp put him in.

There never was a more sudden rise than this; a young merchant, after two or three years of Parliament and two or three speeches, is made Vice-President of the Board of Trade, Treasurer of the Navy, and a Privy Councillor. Then Althorp as Chancellor of the Exchequer may be a good one, but n.o.body expects much from anything that is already known about him. This const.i.tution of the Government has already done harm, and has stamped a character of rapacity upon Lord Grey, which he will hear of in proper time; but at this moment he has got all the press on his side, and people are resolved to give him credit for good intentions.

Brougham has captivated the Archbishop of Canterbury by offering to give livings to any deserving clergyman he would recommend to him. I met him at dinner yesterday in the greatest spirits, elated and not altered by his new dignity. He is full of projects of reform in the administration of justice, and talks of remodelling the Privy Council as a Court of Appeal, which would be of great use.

December 2nd, 1830 {p.078}

[Page Head: LIVERPOOL ELECTION.]

Yesterday a levee and Council and Recorder's report. Clanricarde and Robert Grosvenor[1] sworn in.

[1] [Afterwards Lord Ebury.]

The Liverpool election, which is just over, was, considering the present state of things, a remarkable contest. It is said to have cost near 100,000 to the two parties, and to have exhibited a scene of bribery and corruption perfectly unparalleled; no concealment or even semblance of decency was observed; the price of tallies and of votes rose, like stock, as the demand increased, and single votes fetched from 15 to 100 apiece. They voted by tallies; as each tally voted for one or the other candidate they were furnished with a receipt for their votes, with which they went to the committee, when through a hole in the wall the receipt was handed in, and through another the stipulated sum handed out; and this scene of iniquity has been exhibited at a period when the cry for Reform is echoed from one end of the country to the other, and in the case of a man (Denison) who stood on the principle of Reform. n.o.body yet knows whence the money for Denison comes (the Ewarts are enormously rich), but it will be still more remarkable if he should pay it himself, when he is poor, careful of money, and was going to India the other day in order to save 12,000 or 15,000. If anybody had gone down at the eleventh hour and polled one good vote, he would have beaten both candidates and disfranchised the borough. As it is, it is probable the matter will be taken up and the borough disfranchised. The right of voting is as bad as possible in the freemen, who are the lowest rabble of the town and, as it appears, a parcel of venal wretches. Here comes the difficulty of Reform, for how is it possible to reform the electors?

December 5th, 1830 {p.079}

The country is getting quieter, but though the immediate panic is pa.s.sing away men's minds are not the less disquieted as to our future prospects. Not a soul knows what plan of Reform the Ministers will propose, nor how far they are disposed to go. The Duke of Devonshire has begun in his own person by announcing to the Knaresborough people that he will never again interfere with that borough. Then the Black Book, as it is called, in which all places and pensions are exhibited, has struck terror into all who are named and virtuous indignation into all who are not. Nothing can be more _mal a propos_ than the appearance of this book at such a season, when there is such discontent about our inst.i.tutions and such unceasing endeavours to bring them into contempt. The history of the book is this:--Graham moved last year for a return of all Privy Councillors who had more than 1,000 a year, and Goulburn chose to give him a return of _all persons_ who had more than 1,000 a year, because he thought the former return would be invidious to Privy Councillors; so he caused that to be published, which will remove no obloquy from those he meant to save, but draw down a great deal on hundreds of others, and on the Government under which such things exist. I speak feelingly, for 'quorum pars magna sum.'

[Page Head: POLITICAL CHARACTER OF WELLINGTON.]

The Duke of Wellington gave a great dinner yesterday to all the people who had gone out of office (about fifty), so that it is clear they mean to keep together. Whether he looks forward to be Prime Minister again it is impossible to say, but his real friends would prefer his taking the command of the army, whatever his fools and flatterers may do. Lord Lyndhurst, who loses everything by the fall of the late Government, cannot get over it, particularly as he feels that the Duke's obstinacy brought it about, and that by timely concessions and good management he might have had Lord Grey, Palmerston, and all that are worth having.

Peel, on the contrary, is delighted; he wants leisure, is glad to get out of such a firm, and will have time to form his own plans and avail himself of circ.u.mstances, which, according to every probability, must turn out in his favour. His youth (for a public man), experience, and real capacity for business will inevitably make him Minister hereafter. The Duke of Wellington's fall,[2] if the causes of it are dispa.s.sionately traced and considered, affords a great political lesson. His is one of those mixed characters which it is difficult to praise or blame without the risk of doing them more or less than justice. He has talents which the event has proved to be sufficient to make him the second (and, now that Napoleon is gone, the first general) of the age, but which could not make him a tolerable Minister. Confident, presumptuous, and dictatorial, but frank, open, and good-humoured, he contrived to rule in the Cabinet without mortifying his colleagues, and he has brought it to ruin without forfeiting their regard. Choosing with a very slender stock of knowledge to take upon himself the sole direction of every department of Government, he completely sank under the burden. Originally imbued with the principles of Lord Castlereagh and the Holy Alliance, he brought all those predilections with him into office. Incapable of foreseeing the mighty events with which the future was big, and of comprehending the prodigious alterations which the moral character of Europe had undergone, he pitted himself against Canning in the Cabinet, and stood up as the a.s.sertor of maxims both of foreign and domestic policy which that great statesman saw were no longer fitted for the times we live in. With a flexibility which was more remarkably exhibited at subsequent periods, when he found that the cause he advocated was lost, the Duke turned suddenly round, and surrendered his opinions at discretion; but in his heart he never forgave Mr. Canning, and from that time jealousy of him had a material influence on his political conduct, and was the primary motive of many of his subsequent resolutions. This flexibility has been the cause of great benefits to the country, but ultimately of his own downfall, for it has always proceeded from the pressure of circ.u.mstances and considerations of convenience to himself, and not from a rational adaptation of his opinions and conduct to the necessities and variations of the times. He has not been thoroughly true to any principle or any party; he contrived to disgust and alienate his old friends and adherents without conciliating or attaching those whose measures he at the eleventh hour undertook to carry into execution. Through the whole course of his political conduct selfish considerations have never been out of sight. His opposition to Canning's Corn Bill was too gross to admit of excuse. It was the old spite bursting forth, sharpened by Canning's behaviour to him in forming his Administration, which, if it was not contumelious, certainly was not courteous.

When at his death the Duke a.s.sumed the Government, his disclaiming speech was thrown in his teeth, but without much justice, for such expressions are never to be taken literally, and in the subsequent quarrel with Huskisson, though it is probably true that he was aiming at domination, he was persuaded that Huskisson and his party were endeavouring to form a cabal in the Cabinet, and his expulsion of them is not, therefore, altogether without excuse. On the question of the Test Act it was evident he was guided by no principle, probably by no opinion, and that he only thought of turning it as best he might to his own advantage. Throughout the Catholic question self was always apparent, not that he was careless of the safety, or indifferent to the prosperity of the country, but that he cared as much for his own credit and power, and never considered the first except in their connection with the second. The business of Emanc.i.p.ation he certainly conducted with considerable judgment, boldly trusting to the baseness of many of his old friends, and showing that he had not mistaken their characters; exercising that habitual influence he had acquired over the mind of the King; preserving impenetrable secresy; using without scruple every artifice that could forward his object; and contriving to make tools or dupes of all his colleagues and adherents, and getting the whole merit to himself. From the pa.s.sing of the Catholic question his conduct has exhibited a series of blunders which have at length terminated in his fall.

The position in which he then stood was this:--He had a Government composed of men who were for the most part incompetent, but perfectly subservient to him. He had a considerable body of adherents in both Houses. The Whigs, whose support (enthusiastically given) had carried him triumphantly through the great contest, were willing to unite with him; the Tories, exasperated and indignant, feeling insulted and betrayed, vowed nothing but vengeance. Intoxicated with his victory, he was resolved to neglect the Whigs, to whom he was so much indebted, and to regain the affections of the Tories, whom he considered as his natural supporters, and whom he thought ident.i.ty of opinion and interest would bring back to his standard. By all sorts of slights and affronting insinuations that they wanted place, but that he could do without them, he offended the Whigs, but none of his cajoleries and advances had the least effect on the sulky Tories. It was in vain that he endeavoured to adapt his foreign policy to their worst prejudices by opposing with undeviating hostility that of Mr. Canning (the great object of their detestation), and disseminating throughout all Europe the belief of his attachment to ultra-monarchical principles. He opposed the spirit of the age, he brought England into contempt, but he did not conciliate the Tories. Having succeeded in uniting two powerful parties (acting separately) in opposition to his Government, and having n.o.body but Peel to defend his measures in the House of Commons, and n.o.body in the House of Lords, he manifested his sense of his own weakness by overtures and negotiations, and evinced his obstinate tenacity of power by never offering terms which could be accepted, or extending his invitations to those whose authority he thought might cope with his own. With his Government falling every day in public opinion, and his enemies growing more numerous and confident, with questions of vast importance rising up with a vigour and celerity of growth which astonished the world, he met a new Parliament (const.i.tuted more unfavourably than the last, which he had found himself unable to manage) without any support but in his own confidence and the encouraging adulation of a little knot of devotees. There still lingered round him some of that popularity which had once been so great, and which the recollection of his victories would not suffer to be altogether extinguished.

By a judicious accommodation of his conduct to that public opinion which was running with an uncontrollable tide, by a frank invitation to all who were well disposed to strengthen his Government, he might have raised those embers of popularity into a flame once more, have saved himself, and still done good service to the State; but it was decreed that he should fall. He appeared bereft of all judgment and discretion, and after a King's Speech which gave great, and I think unnecessary offence, he delivered the famous philippic against Reform which sealed his fate. From that moment it was not doubtful, and he was hurled from the seat of power amidst universal acclamations.

[2] [The following pa.s.sage will no doubt be read with surprise, for in later years Mr. Greville became and remained one of the Duke's most steady admirers, and as he has himself stated in the memorandum written nineteen years afterwards, which is inserted at the end of it, the opinion he entertained of him at this time was unjust. But he at the same time decided 'to leave it as it is, because it is of the essence of these Memoirs not to soften or tone down judgments by the light of altered convictions, but to leave them standing as contemporary evidence of what was thought at the time they were written.' These are his own words.]

[Memorandum added by Mr. Greville in April 1850.]

N.B.--I leave this as it is, though it is unjust to the Duke of Wellington; but such as my impressions were at the time they shall remain, to be corrected afterwards when necessary. It would be very wrong to impute _selfishness_ to him in the ordinary sense of the term.

He coveted power, but he was perfectly disinterested, a great patriot if ever there was one, and he was always animated by a strong and abiding sense of duty. I have done him justice in other places, and there is after all a great deal of truth in what I have said here.

[Page Head: AN ESCAPE FROM THE GALLOWS.]

December 12th, 1830 {p.084}

For the last few days the accounts from the country have been better; there are disturbances in different parts, and alarms given, but the mischief seems to be subsiding. The burnings go on, and though they say that one or two incendiaries have been taken up, nothing has yet been discovered likely to lead to the detection of the system. I was at Court on Wednesday, when Kemp and Foley were sworn in, the first for the Ordnance, the other Gold Stick (the pensioners). He refused it for a long time, but at last submitted to what he thought _infra dig_., because it was to be sugared with the Lieutenancy of Worcestershire. There was an Admiralty report,[3] at which the Chief Justice was not present. The Chancellor and the Judge (Sir C. Robinson) were there for the first time, and not a soul knew what was the form or what ought to be done; they did, however, just as in the Recorder's reports. Brougham leans to mercy, I see. But what a curious sort of supplementary trial this is; how many accidents may determine the life or death of the culprit. In one case in this report which they were discussing (before the Council) Brougham had _forgotten_ that the man was recommended to mercy, but he told me that at the last Recorder's report there was a great difference of opinion on one (a forgery case), when Tenterden was for hanging the man and he for saving him; that he had it put to the vote, and the man was saved. Little did the criminal know when there was a change of Ministry that he owed his life to it, for if Lyndhurst had been Chancellor he would most a.s.suredly have been hanged; not that Lyndhurst was particularly severe or cruel, but he would have concurred with the Chief Justice and have regarded the case solely in a judicial point of view, whereas the mind of the other was probably bia.s.sed by some theory about the crime of forgery or by some fancy of his strange brain.

[3] [The High Court of Admiralty had still a criminal jurisdiction, and the capital cases were submitted to the King in Council for approval.]

This was a curious case, as I have since heard. The man owes his life to the curiosity of a woman of fashion, and then to another feeling. Lady Burghersh and Lady Glengall wanted to hear St. John Long's trial (the quack who had _man_-slaughtered Miss Cashir), and they went to the Old Bailey for that purpose. Castlereagh and somebody else, who of course were not up in time, were to have attended them. They wanted an escort, and the only man in London sure to be out of bed so early was the Master of the Rolls, so they went and carried him off. When they got to the court there was no St. John Long, but they thought they might as well stay and hear whatever was going on. It chanced that a man was tried for an atrocious case of forgery and breach of trust. He was found guilty and sentence pa.s.sed; but he was twenty-three and good-looking. Lady Burghersh could not bear he should be hanged, and she went to all the late Ministers and the Judges to beg him off. Leach told her it was no use, that nothing could save that man; and accordingly the old Government were obdurate, when out they went. Off she went again and attacked all the new ones, who in better humour, or of softer natures, suffered themselves to be persuaded, and the wretch was saved. She went herself to Newgate to see him, but I never heard if she had a private interview, and if he was afforded an opportunity of expressing his grat.i.tude with all the fervour that the service she had done him demanded.