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CHAP.
IX.

been transmitted, it would have been poorly endowed; for although now relieved from pecuniary embarrassment, he is A.D. 1858. only able to live comfortably on his retired allowance as

ex-Chancellor, and to make a decent provision for his daughters. But he has always given away money very liberally in charity, and has behaved very kindly to all his relations, both in England and in America.

A.D. 1859.
July 5.

July 1.

POSTSCRIPT BY THE EDITOR.

This Memoir is carried down to the month of August, 1858. My father might have continued the narrative through nearly three years more before his own life was suddenly closed, but having meanwhile become Lord Chancellor, he lost the scanty leisure that he had previously devoted to biographical labours, and no further entry was made.

Little, however, remained for him to record. In the year 1859 Lord Lyndhurst made but one great speech, that on National Defences, when he roused himself to all his former energy; but my father would doubtless have also gratefully mentioned how gallantly the ex-Chancellor came to his defence when he was much abused for a judicial appointment which he had recently made.

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The following is Lord Lyndhurst's characteristic speech:"My Lords, I wish to call your Lordships' attention to a recent appointment to the judicial bench-the appointment of Mr. Blackburn to a puisne judgeship in the Court of Queen's Bench. I have been asked, Who is Mr. Blackburn? And a journal which takes us all to task by turns has asked, somewhat indignantly, Who is Mr. Blackburn? who is Mr. Blackburn?' I take leave to answer that he is a very learned person, a very sound lawyer, an admirable arguer of a law case, and from his general acquirements eminently fitted for a seat on the bench. These appointments are exclusively in the hands of the Lord Chancellor; he is solely responsible for them, but of this I am sure that if the distinguished Judge who now presides in the Queen's Bench,-a Judge remarkable for his knowledge of law, and for the admirable manner in which he applies it,-had been

consulted, he would have cordially concurred in the judgment of
my noble and learned friend on the woolsack. I owe this
explanation to the learned Judge, Mr. Justice Blackburn, and I
owe it also to my noble and learned friend, though I know he
can always take good care of himself. I am one of those who
think it of great importance that the public should not entertain
any doubt or any jealousy with respect to appointments to the
judicial bench. I hope my noble and learned friend will allow
me to take this opportunity of congratulating him on his eleva-
tion-on his having attained everything that he has ever looked
forward to. We may say of him, in the words of the poet-

"Thou hast it now, King, Cawdor, Glamis, all
As the weird women promised.'

Without being a countryman of my noble and learned friend, I
may take credit to myself for a species of foresight, having on a
former occasion predicted the advancement of my noble and
learned friend."

CHAP.

IX.

A D. 1859.

In the following year (1860) his strength seemed rather to A.D. 1860. increase than to diminish. On the 1st of May he spoke for nearly an hour on the subject of the Naval Reserve, and on the 21st of May, the day on which he completed his 88th year, he poured forth eloquent strains on the danger of repealing the Paper Duty.

The last time he came to Stratheden House was on the 20th June, when he joined a dinner-party at which my father had gathered together the greatest lawyers of the day. Lord Lyndhurst was too infirm to walk upstairs; but going straight into the dining-room the rest of the company joined him there, and he delighted them all with his wit and good humour. One of those who were present on that occasion writes thus of it, more than eight years afterwards :-"It was a very remarkable party, from the distinction and age of many of those present, and the vivacity and interest of the conversation. I remember well that Lord Lyndhurst was unusually lively and agreeable. That which dwells on my memory is his leave-taking. He rose to leave the room before the rest of the party-but all the rest rose too-and there was something like a cheer from the others as he went out. I thought that the old man was fatigued and was retiring early, but it turned out he was going on to a party

СНАР.
IX.

A.D. 1860.

A.D. 1861.

A.D. 1863.

at Apsley House. The scene and the events of the evening generally made a strong impression on me, even before they received an additional although sad interest by subsequent events. There was something almost affecting in the deference and respect, as to one entitled to the reverence due to age, paid by men like Lord Campbell, Lord Wensleydale, and Lord Cranworth-all of whom were far advanced in life. I wish I could paint the scene as vividly as it impressed

me.

In the Session of 1861, Lord Lyndhurst again appeared in the House of Lords, and on the 7th of May spoke on the law of domicile at considerable length, and with much of his wonted brilliancy and vigour. But this was his last speech. His name does not appear in the debates again.

He lived for two years longer, seeing his friends and retaining his cheerfulness and composure. But his public life was over, and his strength gradually decaying he breathed his last on the 13th of October, 1863, in the 92nd year of his

age.

*Letter from the Right Honourable James Moncreiff (then Lord Advocate). Amongst my father's papers I find a memorandum showing that he intended to give an account of this dinner, as well as of Lord Lyndhurst's speech of the 1st of July, 1859, quoted in the preceding pages.

LORD CHANCELLOR BROUGHAM.

CHAPTER I.

HIS EARLY LIFE IN SCOTLAND, 1778-1805.

CHAP.

I.

Qualifica

to write this

HAVING lived familiarly with the subject of this Memoir for more than forty years, and having had ample opportunities of observing all his merits and defects, I may be supposed to be peculiarly well qualified to be his biographer.* On the tions and disqualificaother hand, as we have often been in collision, and as keen tions of the rivalry has produced private as well as public quarrels betwixt Biographer us, I must have misgivings with respect to my impartiality, Memoir. and the reader may reasonably regard my narrative with suspicion. I am quieted, however, by the consideration that we are now on a friendly footing, and that, from our respective positions, nothing is likely to occur which can again embroil us. I am sure that I entertain no resentment against him for past injuries, and while mindful of kindness occasionally received from him, I trust that I am not in danger of proving too encomiastic, from the dread of being suspected of an inclination to disparage or to censure him.

The chief difficulty to be encountered in this undertaking is to determine the scale upon which the 'Life of Lord Brougham' is to be composed. Volumes to load many camels might be filled with detailed accounts of all the doings, writings, and speeches, by which he has excited the passing interest of his contemporaries. If these were read posterity might consider him a myth, like the Grecian Hercules, to whom the exaggerated exploits of many different

* This memoir was begun in April, 1853, when the author had for two years been Lord Chief Justice of England.-Ed.

CHAP.

I.

"Brougham of that ilk."

individuals are ascribed. But notwithstanding the very large space which, while living, he has occupied in the public eye, a considerate man may doubt whether his permanent fame will be great in proportion. By seeking distinction in almost every department of genius, he has failed to establish a great name in any. He accomplished nothing as a statesman; he cannot be said to have extended the bounds of human knowledge by philosophical discovery; his writings, although displaying marvellous fertility, are already falling into neglect; his speeches, which when delivered nearly set the world on fire, when perused in print cause disappointment and weariness; and he must chiefly be remembered by the professional and party struggles in which he was engaged, and by the juridical improvements which he assisted to introduce. The narrative of his biographer ought to be proportioned to the curiosity respecting him which is likely to be felt in after times. Let me crave indulgence proportioned to the difficulty of the task.

I should much displease Lord Brougham if I did not begin with some account of his descent. He was very desirous of being considered a distinguished statesman, philosopher, orator, fine writer, and lawyer, but much more desirous of being believed to be "Brougham of that ilk," the representative of a great family, who derived their name from the name of the landed estate of which they had immemorially been in possession. His weakness upon this point was almost incredible, and I am afraid to repeat what I have heard him gravely state respecting the antiquity and splendour of his race. He asserts that Broacum, in the Itinerary of Antoninus, is the identical spot which he calls Brougham, and where he now lives, that it was the property of his ancestors when this ancient Handbook for Roman travellers was compiled; and that there they have lived in splendour ever since, except when campaigning in Palestine against the Saracens. He has told me that "Jockey of Norfolk," the democratic and proud Duke who flourished in the reign of George III., used to say when he came to the North of England, “You talk of your Percys and Greys in this country, but the only true gentleman among you is Mr. Brougham of Brougham.

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