Government, partly to spite the Attorney General, who was much mixed up in the controversy-but, above all, to spite the House of Commons, an assembly to which he had unaccountably conceived a very strong antipathy. From the time when he vacated his seat in it by accepting the Great Seal he had never been present at any of its deliberations, or for a moment visited the scene of his former glory; and from the time of his leaving the Government and going into Opposition he had systematically caught with eagerness at every opportunity to sneer at, to ridicule, and to censure its proceedings. When a Committee of the House of Commons had almost unanimously presented a report which was adopted by the House, insisting upon this right of printing and publishing, he contended in pamphlets and in spoken speeches, and in prefaces to printed speeches, that the Commons might as well insist upon a right to order their servants to rob upon the highway. So eager was he, that, when the question came on to be argued in court before the judges, he placed himself on the bench, and several times interrupted the counsel for the House of Commons who, nevertheless, took occasion in his presence to complain of the manner in which a Peer of Parliament who might have to sit judicially on the question upon appeal, instead of waiting to hear it argued, had as a mere amateur prejudged it, without having heard any argument at all. The great bulk of the Conservative party in both Houses strongly took part against "privilege," but Sir Robert Peel gallantly and resolutely was its champion. Things had come to this pass that the Sheriffs of London and Middlesex were imprisoned by the House of Commons for levying damages in obedience to a writ of the Queen's Bench, and the judges of that court had admitted that they had no jurisdiction to grant relief, as the Speaker's warrant of commitment merely stated that it was for a breach of the privileges of the House of Commons without specifying in what the breach of privilege consisted. Brougham presented a petition from the Sheriffs to the House of Lords describing their pitiable condition, but the House of Lords could grant no relief more than the Court of Queen's Bench. VOL. VIII. 2 L CHAP. VI. A.D. 1840. CHAP. The progress of business in Parliament was entirely sus pended; motions were talked of to commit Lord Denman A.D. 1840, and the judges of the Queen's Bench to the Tower, and many who thought that the House of Commons was usurping all the powers of the State meditated petitions to the Queen that she would assist the courts by a military force to administer justice and to enforce their decrees. Dispute settled by a bill establishing the disputed right. Brougham's château in France. Had it not been for the desire to reunite Peel to the Conservative party, the confusion would have thickened, and no one can tell what consequences might have followed; but Lyndhurst perceived that while the existing state of affairs continued he had no chance of recovering the Great Seal, and he consented to resort to legislation-offering that the principle for which the Commons struggled should be conceded, and that an Act should be passed giving power effectually to assert it. This was very distasteful to Brougham, but, as it would hasten the downfall of the Melbourne Government, he agreed to it. We were thus in reality to gain all we had been fighting for, and we could not refuse the offer. So a bill, applying to both Houses, was prepared, which declared that the disputed power was indispensably necessary, and which effectually prevented any action being prosecuted for any such publication. This bill passed both Houses and received the Royal Assent. Although it in reality gave a triumph to the Whigs, Brougham would not oppose it as he believed it would hasten their downfall. The swelling waves instantly became smooth, and the liberated Sheriffs at a City feast amicably related their sufferings to those who had planned their imprisonment. Brougham was much mortified at seeing an end put to this "pretty quarrel," and he was not able to raise up any new cause of embarrassment to the Government for the rest of the session. Finding the climate of Westmorland rather moist, he about this time bought a small estate near Cannes, in Provence, and built a commodious house upon it which he called Château Eleanor Louise in compliment to his beloved daughter. Here he has since spent several months in every year his habit being at the prorogation of Parliament to retire to Brougham Hall, to remain there exercising liberal CHAP. VI. hospitality till the approach of winter-then to repair to Paris, where he spends eight or ten days attending the meetings of the Institute and paying his respects to the A.D. 1840. rulers of France for the time being, Royal, Republican, or Imperial, and then proceeding to his château by Lyons, Avignon, and the Estrelles. Here he remains till another session of Parliament is about to commence-engaged in study, and much pleased to entertain his friends who are passing by this route between France and Italy. He is exceedingly popular with his neighbours, the inhabitants of Cannes, not only by reason of the personal kindness and affability with which he treats all classes, but by his having obtained through his influence with King Louis Philippe a large subvention from the French Government for the improvement of their harbour. 1841. In the beginning of January, 1841, he was summoned to Session of London by Lyndhurst with an intimation that the Melbourne Government was becoming more and more unpopular, and an assurance that it could not possibly last another session. With alacrity he repaired to his old post in the House of Lords on the ministerial side, from which he could most effectually assail his old friends by a flank fire. The Queen's Speech was purposely framed so as to provoke no amendment or opposition, and when the mover and seconder of the address had finished their stereotyped orations there was a general disposition among the peers at once to agree to it as a matter of course, reserving any attack upon the Government to a more fitting opportunity. But Lord Brougham sprang up, and at great length censured the policy and the acts of the Government both at home and abroad. He had most success in giving vent to the feelings which have always most creditably disposed him to cultivate a good understanding between France and England-an object which, from his alternate residence in the two countries and his familiar acquaintance with the disposition of the two nations, he has been essentially instrumental in promoting. Commenting on the great Syrian question which had brought us to the brink of hostilities, he now said, "There is no denying that the French are a people of the CHAP. A.D. 1841. greatest genius, courage, and military skill. Their brilliant military, character makes them jealous of honour, sudden and quick in quarrel;' and on these accounts it would have been better if everything like discourtesy, which was calculated to induce them to a course likely to gratify their predilections, had been studiously avoided. To suppose, however, for a moment that any one in this country ever underrated the great military character and renown of the French nation- to suppose that even the noble Duke opposite, or any of his former gallant companions in arms ever thought or dreamt of speaking otherwise than most respectfully of the great achievements in arms of that nationwould be in the highest degree preposterous." Lord Melbourne, in answer, observed that "noble Lords, when they studied the whole course of the negotiations, would be persuaded that there had been no want of courtesy on our part, and that we had been guilty of nothing which could justly offend the most sensitive mind. But it would not do for one nation to plead its own irritability as a reason for seeking to govern the conduct of another nation. This would be like what often occurs in private life, where you see that the most illtempered member of the family in effect governs the whole household by means of constantly saying, 'Oh, I am very irritable, I am very ill-humoured, don't make me angry.' Hostilities now ceased in the Upper House, for here the Conservative cause had completely triumphed. After repeated divisions, indicating a want of confidence in her Majesty's present ministers, it was not worth while to bring forward new motions to proclaim the same fact. Brougham could not be silent; but for the rest of the session he contented himself with occasional anti-Whig sarcasms as he discussed Bribery at elections, Charitable trusts, Chartists, Church rates, Church of Scotland, Copyhold enfranchisement, Corn laws,* Criminal justice, Delay of justice, Petty sessions, * He made many speeches on this subject in presenting petitions for imme diate abolition. He had become a convert to free trade in corn, and such was his zeal, that he forgot he had ever been a Protectionist. Having taunted Alexander Baring, Lord Ashburton, who from being a Free-trader had become a Protectionist, with inconsistency, he was told that the taunt came with a very bad grace from him who had become a Free-trader from being a Protectionist. He, as usual on all such occasions, denied the charge, and asserted his steady and uniform consistency on this as on all other questions. But to show his lapse of memory, it is only necessary to refer to his speech as copied in this Memoir.-Ante, p. 338. СНАР. VI. A.D. 1841. Vote of want of con fidence carried against the Govern Privy council, Punishment of death, Repeal of union, Socialism, Taxation, Universities, and the Welsh language.* In the Lower House the death struggle was now going on, and the ministerial majorities which had been considerably increased after the crisis on the Jamaica Bill, were now slowly but steadily dwindling away. At last came Sir Robert Peel's decisive motion "that her Majesty's Ministers do not sufficiently possess the confidence of the House of House of Commons to enable them to carry through the House measures which they deem of essential importance to the 4th June. public welfare; and that their continuance in office is at variance with the spirit of the constitution"—which, after a debate of five days, was carried by a majority of ONE. ment in the Commons. The natural consequence would have been an immediate change of Government, but the usual announcement to this effect did not take place, and was not expected, for ministers had intimated their intention in case of a defeat to Dissolution of Parliadissolve Parliament and to appeal to the country. The Queen still retained her attachment to Lord Melbourne and her dislike of Sir Robert Peel, and it was hoped that the free trade budget which had been launched would be so popular as to secure a majority in the House of Commons. ment. Conserva The new Parliament did abolish the Corn Laws, but, alas! Return of not till after the expulsion of the Whigs. The election tive majoreturns showed a decided majority for "Protection," which rity. was the Conservative cry at the hustings. The famine which followed first gave an ascendancy to free trade. Till then it was not only odious to Tories or Conservatives, but to the great bulk of the Whig aristocracy. A number of Whig county members who had abandoned protection now lost their seats, and other Whig county members, to retain their seats, adhered to protection and abandoned the Whig Government. Lord Melbourne went through the form of preparing a speech to be delivered by the Queen recommending Parliament to consider "whether the laws regulating the trade in corn did not aggravate the natural fluctuations of supply, *Index to Hansard. |