1839]

RADICAL MAGISTRATES.

227

responsibility that any Minister ever did, for he took on himself to adopt a course practically inconsistent with the law, for the express purpose of placing political power in particular hands, to which the law intended it should not be confided; and on him, therefore, rested all the responsibility of such power being wisely and safely exercised by the hands to which he determined to entrust it; and when he appoints such a man as Muntz,' ex-Chartist and ex-Delegate, what must be the impression produced on all denominations of men as to his bias, and of what use is it to make professions, and deliver speeches condemnatory of the principles and conduct of Chartists and associators, if his acts and appointments are not in conformity with those professions? Mr. Muntz, he says, has abandoned Chartism, and is no longer the man he was: but who knows that? For one man who knows what Muntz is, a hundred know what he was, and in the insertion of his name in the list the bulk of the world will and can only see, if not approbation of, at least indifference to the doctrines such men have professed, and the conduct they have exhibited to the world. It is the frightful anomaly of being a Government divesting itself of all conservative character, which constitutes the danger of our day. As the Times,' in one of its spirited articles, says, this very morning, that it cares not to see the Monarchy broken in pieces so that they may hurl its fragments at the heads of their opponents.'

July 25th.-Lord Clarendon made his first appearance in the House of Lords the night before last in reply to Lord Londonderry on Spanish affairs, with great success and excellent effect, and has completely landed himself as a Parliamentary speaker, in which, as he is certain to improve with time and practice, he will eventually acquire considerable eminence; and nothing can prevent his arriving at the highest posts. He is already marked out by the public voice for the

1 [Whatever the antecedents of Mr. Muntz may have been, he lived to justify Lord John Russell's choice. He was not only a good magistrate, but member for Birmingham for many years, and a useful member. He was the first man who, in our time, wore a long beard in the House.]

Foreign Office, for which he is peculiarly well fitted, and there is no reason why he should not look forward to being Prime Minister in some future combination of parties, a post which he would fill better than any of the statesmen who now play the principal parts in the political drama. The Government have at last taken fright, and have proposed troops and police to afford the country some sort of security during the recess and the winter. They have sent down Maule (the Solicitor to the Treasury) to Birmingham to investigate the evidence adducible against the magistrates, but I do not much expect that they will proceed to any extremities against them. It is too probable that silebitur toto judicio de maximis et notissimis injuriis,' for non potest in accusando socios verè defendere is, qui cum reo criminum societate conjunctus est.'

6

August 9th.-Brougham brought on his motion on Tuesday,' in spite of various attempts to dissuade him; but he could not resist the temptation of making a speech, which he said he expected would be the best he had ever delivered. He spoke for three hours in opening, and an hour and a quarter in reply, and a great performance by all accounts it was. The Duke of Wellington said it was the finest speech he had ever heard in Parliament. Normanby was miserably feeble in reply, and exhibited, by common consent, a sad failure, both on this occasion and on that of the Canada Bill. He is quite unequal to the office which has been thrust upon him, and he cannot speak upon great subjects, having no oratorical art or power of dealing skilfully and forcibly with a question. It was a very damaging night to the Government as far as reputation 2 is concerned, but in no other

1 [Lord Brougham moved on the 6th August five resolutions censuring the Irish policy of the Government: they were carried in the House of Lords by 86 votes to 52.]

2 L'une des qualités indispensables d'un Gouvernement c'est d'avoir cette bonne renommée qui repousse l'injustice. Quand il l'a perdue et qu'on lui impute tous les crimes, les torts des autres et ceux même de la fortune, il n'a plus la faculté de gouverner, et cette impuissance doit le condamner à se retirer.' (Thiers, t. x. p. 276.) Applicable to our Government

now.

1839]

FREAKS OF LORD BROUGHAM.

229

way, for they are perfectly callous, and the public entirely apathetic. Melbourne was very smart in reply to Brougham, but did not attempt to deal with the question. The case, after all, is not a very strong one, and, though Normanby was much to blame in releasing prisoners and commuting sentences in the manner and to the extent he did, the principle on which he acted was sound, and it has proved beneficial. Had he known how, and been equal to the task, he might have made a fine defence by taking a high instead of a deprecatory line, and by a confident appeal to results; but it required more of an orator and a statesman than he is to handle his case with sufficient effect, and to stand up against such a master of his art as Brougham, backed by a favourable audience. This curious and versatile creature is in the highest spirits, and finds in the admiration which his eloquence, and the delight which his mischievousness excite on the Tory benches and in Tory society, a compensation for old mortifications and disappointments. After acting Jupiter one day in the House of Lords, he is ready to act Scapin anywhere else the next; and the day after this great display he went to dine at Greenwich with the Duchess of Cambridge and a great party, where he danced with Lady Jersey, while Lyndhurst capered also with the Dowager Lady Cowper. After dinner they drank, among other toasts, Lady Jersey's health, and when she said she could not return thanks, Brougham undertook to do it for her, speaking in her person. He said, that She was very sorry to return thanks in such a dress, but unfortunately she had quarrelled in the morning with her maid, who was a very cross, crabbed person, and consequently had not been able to put on the attire she would have wished, and in the difficulty she had had recourse to her old friend Lord Brougham, who had kindly lent her his best wig and the coat which he wore upon state occasions.' After more nonsense of this kind, that she was very sorry she could not say more, but that in the peculiar situation she then was in, she could not venture to remain any longer on her legs.'

August 10th.-I went to Norwood yesterday to see Dr.

Kay's Poor Law School, supposed to be very well managed, and very successful. As I looked at the class to whom a lesson was then being read, all the urchins from eight to eleven or twelve years old, I thought I had never seen a congregation of more unpromising and ungainly heads, and accordingly they are the worst and lowest specimens of humanity; starved, ill-used children of poor and vicious parents, generally arriving at the school weak and squalid, with a tendency to every vice, and without having received any moral or intellectual cultivation whatever; but the system, under able and zealous teachers, acts with rapid and beneficial effect on these rude materials, and soon elicits manifestations of intelligence, and improves and developes the moral faculties. When one sees what is done by such small means, it is impossible not to reflect with shame and sorrow upon the little, or rather the nothingness, that is accomplished when the material is of the best description, and the means are unlimited, upon the total absence of any system throughout places of education, either public or private, and consequently at the imperfect and defective education which is given to the highest and richest class of society, who are brought up thus stupidly at an enormous expense, acquiring little knowledge, and what they do acquire, so loosely and incompletely as to be of the smallest possible use. When one sees what is done here, it makes one think what ought to be done elsewhere, and then contrast the possible with the actual state of the case.

1 [Afterwards Sir James Kay Shuttleworth, Bart. Dr. Kay was a zealous promoter of national education, and had recently been appointed to the Education Department of the Privy Council Office, then in its infancy.]

Review of the Session-Ministerial Changes-Effect of Changes in the Government-A Greenwich Dinner-Dover Dinner to the Duke of Wellington-A Toast from Ovid-Decay of Tory Loyalty-Unpopularity of Government-Brougham's Letter to the Duke of Bedford-Character of John, Duke of Bedford-Brougham at the Dover Dinner-Brougham and Macaulay—The Duke's Decline-Duke of Wellington consulted on Indian and Spanish Affairs-Baron Brunnow arrives in England-False Reports of Lord Brougham's Death-Insulting Speeches of the Tories— Holland House-Lord Brougham and Lord Holland-The Queen's Marriage is announced-Remarkable Anecdote of the Duke of Wellington-The Mayor of Newport at Windsor-Ampthill-Lord John Russell's Borough Magistrates-Lord Clarendon's Advice to his Colleagues Prospects of the Government-Opening of the Session-Duel of Mr. Bradshaw and Mr. Horsman-Lord Lyndhurst's View of Affairs -Prince Albert's Household-The Privilege Question-Prince Albert's Allowance-Precedence of Prince Albert-Lord John Russell and Sir Robert Peel-Judgement on the Newport Prisoners-A Vote of Want of Confidence moved-The Newport Prisoners-Prince Albert's Precedency-Sir Robert Peel and his Party-Sir Robert Peel's Speech and Declaration--Precedence Question-The Queen's Marriage-Illness of the Duke of Wellington-The Precedence Question settled-The Duke opposed to Peel on the Privilege Question-Change in the Health of the Duke-Prince Albert's Name in the Liturgy-Success of Pamphlet on Precedence Judicial Committee Bill-Lord Dudley's Letters-Amendment of Judicial Committee-King's Sons born Privy Councillors, other Princes sworn-The Duke returns to London-Lord Melbourne's Opinion on Journals.

August 15th, 1839.-This eventful Session and season has at length closed, Lyndhurst having wound up by a résumé of the acts of the Government, in one of those 'exercitations,' as Melbourne calls them, which are equally pungent for their severity, and admirable for their lucidity. Melbourne made a bitter reply, full of personalities, against Lyndhurst, but offering a meagre defence for himself and his colleagues. Those who watch the course of events, and who occasionally peep behind the curtain, have but a sorry spectacle to con