CHAPTER X.

Successes in India, China, and Syria--The Hereditary Pashalik of

Egypt--Lord Palmerston's Hostility to France--Lord Palmerston

and the Tories--His extraordinary Position--A Communication

from M. Guizot--Death of the Duchess of Cannizzaro--Her

History--Dinner with Lady Holland--Macaulay's Conversation--

Opening of the Session--A Sheriffs' Dinner--Hullah's Music

Lecture--Tory Successes--Duke of Wellington ill--Irish

Registration Bill--Opposed by the Conservatives--Conservative

Government of Ireland--Petulance of Lord Palmerston--Double

Dealing of Lord Palmerston--Ill Temper of the French--M.

Dedel's account of the State of Affairs--M. Dedel's account

corrected--Termination of the Disputes with France--Bad News

from China--Hostility of the United States--The Sultan's Hatti-

sherif--The Hatti-sherif disapproved by some Ministers--Peel's

Liberality--The Hatti-sherif disavowed--The Bishop of Exeter

left in the lurch--Poor Law Amendment Bill--Lord Granville's

Illness--Death of Mrs. Algernon Greville--Loss of 'The

President'--Government defeated--China Troubles--Danger of the

Government.

January 7th, 1841 {p.360}

Yesterday arrived (through the French telegraph) the news of the

death of the King of Lahore, the surrender of Dost Mahomed, and

the settlement of the Chinese quarrel, all coming just in time to

swell out the catalogue of successes to be announced in the

Queen's Speech. In France the aspect of affairs is improving, the

King has given answers on New Year's Day which he would not have

ventured to make a short time ago, and His Majesty assures Lord

Granville that the war fever is rapidly diminishing. The French

hardly trouble themselves now (except in an occasional undergrowl

in some Liberal paper) about Syria, and the Government

considering Mehemet Ali's destiny decided, only desire to be re-

admitted into the great European Council, for the purpose of

participating in the measures to be adopted for determining the

condition of the Christian population of Syria, and for securing

Constantinople from any exclusive protection or influence.

[Page Head: LORD PONSONBY'S VIOLENCE.]

At this moment, however, everything is unsettled with regard to

Egypt, and Lord Ponsonby has been acting in his usual furious

style with such effect that it is not at all certain the question

will be settled without a good deal of trouble. Upon the receipt,

at Constantinople, of Napier's unauthorised Convention with the

Pasha, Ponsonby instantly assembled the ambassadors, moved that

it should be rejected and disavowed, and signified the same to

the Ministers of the Porte, who, of course, desired no better

than to acquiesce. At Ponsonby's instigation, Redschid Pasha

wrote to say that the Sultan utterly disavowed this Convention;

that he might be disposed, out of deference to his allies, and at

their request, to grant some temporary favour and indulgence to

the family of the Pasha, but as to the hereditary possession of

Egypt, _he had never heard of_, or contemplated, any such thing,

nor would ever listen to it; and he reminded the Allied Powers

that such a grant would be in direct contravention of the

principle of the Treaty itself, which had for its object the

maintenance of the integrity of the Ottoman Empire. It remains to

be seen what will be done at Constantinople when the intelligence

of Stopford's Convention (so to call it) arrives there, which, in

fact, differs in no respect from that of Napier; but it is very

extraordinary that Ponsonby should write word that the Sultan had

never _heard_ any question of the hereditary grant of Egypt,

when, in the middle of October, a despatch was written to him

(which was at the same time communicated to the French

Government) ordering him to propose to the Sultan this

restitution. Unless, therefore, this despatch was not sent, or he

took upon himself to disobey his instruction, it must be false

that the Turkish Government never heard of such a question. Lord

John Russell, who went to Broadlands the other day, wrote to

Melbourne that he found Bülow, Neumann, and Esterhazy there, and

there seemed to be a great deal of discussion going on between

them all, and much doubt as to the question of _hérédité_, but

that he was of opinion that this question admitted of no doubt,

and that we were bound to insist upon it after the assurances we

had given to France. Of Palmerston's opinions he did not say a

word. However, whether Palmerston wishes to push matters to

further extremities against the Viceroy or not, he will hardly

attempt it, for, easy as he has hitherto found it, with the

opportune aid of events, to baffle all opposition in the Cabinet,

he would certainly meet with a resistance to any such design that

he would not be able to overcome. His successes have not made him

more moderate and conciliatory towards France, and I have no

doubt that if he had the drawing up of the Queen's Speech, he

would take an insulting and triumphant tone in it, which would

fan the expiring flame of passion and hostility, and widen the

breach between the two countries.

[Page Head: LORD PALMERSTON AND THE TORIES.]

The other day Lord Clarendon wrote to him, sending a sort of

message from the French Court (through Madame de Montjoie)

expressive of a hope that a conciliatory disposition would

prevail; to which he responded in a strain of insolent invective

against France and her designs, saying that her object was to

extort concessions from us which we should never make, and that

now we were strong in our alliance with the other Powers we might

defy her to injure us. This letter Clarendon showed to Melbourne,

who had asked him if he knew what Palmerston's feelings were (he

himself knowing nothing), and he was, of course, struck with the

bitterness and asperity of his tone. Melbourne told Clarendon

that Palmerston was still very sore at the articles which had

appeared in the 'Times,' and at the communications that had taken

place between parties here and their French correspondents, and

he particularly mentioned Reeve's with Tocqueville--Lord

Lansdowne having probably shown Palmerston the letter which

Tocqueville wrote to Reeve[1] just before the great debate in the

Chamber. Clarendon said he could not imagine what Palmerston had

to complain of in the 'Times,' as, though there had been some

articles attacking him, the far greater number had been in his

favour. Melbourne said there had been a great deal the other way,

and that Palmerston and his Tory friends with whom he had

communicated had been constantly surprised to find that there was

an influence stronger than their own in that quarter.

[1] [This was a very remarkable letter M. de Tocqueville

wrote to me in November, showing the danger of driving

France to extremities, which might involve the

overthrow of the Government in that country.

Tocqueville was always penetrated with the conviction

that the throne of Louis Philippe rested on no solid

foundation; and undoubtedly the Treaty of July 1840 was

a severe blow to its stability, and led to further

disputes, and more fatal consequences. The letter in

question was shown by me to Lord Lansdowne, and I was

told it was read to the Cabinet. At any rate, it was

read by Lord Melbourne, who attached great importance

to it.--H.R.]

January 9th, 1841 {p.363}

The other day at Windsor, when Clarendon was sitting talking with

Melbourne, the latter in his lounging way, as if thinking aloud,

said, 'In all my experience, I never remember such a state of

things as the present; I never remember, in the course of my

political life, anything at all like it; it can't last--it's

impossible this Government can go on; Palmerston in communication

with the Tories--Palmerston and Ashley--' and then he stopped.

Clarendon said, 'What! you think Palmerston and the Tories will

come together?' To which Melbourne nodded assent. 'And which,'

Clarendon persevered, 'will come to the other: will Palmerston go

to Ashley, or will Ashley come to Palmerston?' To which Melbourne

chuckled and grunted, laughed and rubbed his hands, and only

said, 'Oh, I don't know.' These are the sentiments of the Prime

Minister about his own Government--a strange state of things:

while Palmerston is in confidential communication with the

Tories, or some of them, for the purpose of obtaining their

support to his policy, half of his own colleagues, though

committed, being adverse to it, and regarded by him as his worst

adversaries. He and John Russell, the two Secretaries of State--

the latter leader of the House of Commons--pass some days

together in the house of the former, without exchanging one word

upon the subject of foreign policy, and Lord John is reduced to

the necessity of gathering in conversation from Neumann and

Esterhazy what Palmerston's views and opinions are. These two

diplomats expressed the greatest indignation at Ponsonby's

proceedings, and Palmerston himself has renewed to Bourqueney the

assurances of his resolution to adhere to the engagements he had

already made to France with regard to Egypt. Melbourne, however,

acknowledged that he was entirely in the dark as to Palmerston's

real views and opinions, as he believed was every one of his

colleagues. He has no intimacy, no interchange of thought and

complete openness with anybody, and all they know is (and that

only as soon as he thinks fit to impart it) his notions with

regard to each particular question as its exigencies become

pressing. His position, however, is now a very remarkable one.

Belonging to a Government almost every member of which dislikes

or distrusts him, he has acquired, by recent events, a great

reputation, and is looked upon generally as a bold, able, and

successful statesman. In the event of a dislocation of parties,

he is free to adopt any course, and to join with any party.[2]

Almost all the domestic questions which have hitherto excited

interest have been settled, compromised, or thrown aside, and a

sudden interest has been awakened, and attention generally drawn

to our foreign policy and international relations. All that has

recently occurred--our treaties and our warlike operations--are

not looked upon as the work of the Government, but as that of

Palmerston alone--Palmerston, in some degree, as

contradistinguished from the Government. All this confers upon

him a vast importance, and enables him, neither unreasonably nor

improbably, to aspire to head and direct any Government that may

hereafter be formed by a dissolution and fresh combination of

parties.

[2] [I believe at this time, Lord Palmerston, irritated by

the opposition and distrust of his own colleagues, and

encouraged by the applause of the Tories, who were

delighted at the rupture of the alliance with France,

and eager to bully that country, did contemplate a

junction with the Tory party. But to this there was an

insurmountable obstacle, the deep distrust and dislike

of Sir Robert Peel, who thought Palmerston a dangerous

and mischievous Foreign Minister, and the hostility of

Lord Aberdeen. In fact, when these statesmen came into

office a few months later, they applied themselves

mainly to obliterate the traces of Palmerston's

quarrels. Nothing would have induced Sir Robert Peel to

take Palmerston into his Cabinet. It was otherwise,

some years later, when Lord Stanley had succeeded to

the leadership of the Conservative Party, and at that

time the negotiations between him and Lord Palmerston

were renewed, though without any result.--H.R.]

January 13th, 1841 {p.365}

Notwithstanding the comparative tranquillity which now prevails

in France, the madness of that people having taken another turn,

and venting itself upon a reckless expenditure, and the

extravagant project of fortifying Paris, Guizot is evidently

aware of, and alarmed at, certain intrigues now at work, for the

purpose of his ejection. Of these Molé is the object or the

agent, or both. Guizot sent over the other day to Reeve a paper,

cleverly done, in which Molé's position was discussed, and the

morality as well as possibility of his coming into office with

the aid of a coalition.

[Page Head: THE DUCHESS OF CANNIZZARO.]

The other day died the Duchess of Cannizzaro, a woman of rather

amusing notoriety, whom the world laughed with and laughed at,

while she was alive, and will regret a little because she

contributed in some degree to their entertainment. She was a Miss

Johnstone, and got from her brother a large fortune; she was very

short and fat, with rather a handsome face, totally uneducated,

but full of humour, vivacity, and natural drollery, at the same

time passionate and capricious. Her all-absorbing interest and

taste was music, to which all her faculties and time were

devoted. She was eternally surrounded with musical artists, was

their great patroness, and at her house the world was regaled

with the best music that art could supply. Soon after her

brother's death, she married the Count St. Antonio (who was

afterwards made Duke of Cannizzaro), a good-looking, intelligent,

but penniless Sicilian of high birth, who was pretty successful

in all ways in society here. He became disgusted with her,

however, and went off to Italy, on a separate allowance which she

made him. After a few years he returned to England, and they

lived together again; he not only became more disgusted than

before, but he had in the meantime formed a _liaison_ at Milan

with a very distinguished woman there, once a magnificent beauty,

but now as old and as large as his own wife, and to her he was

very anxious to return. This was Madame Visconti (mother of the

notorious Princess Belgioso), who, though no longer young, had

fine remains of good looks, and was eminently pleasing and

attractive. Accordingly, St. Antonio took occasion to elope (by

himself) from some party of pleasure at which he was present with

his spouse, and when she found that he had gone off without

notice or warning, she first fell into violent fits of grief,

which were rather ludicrous than affecting, and then set off in

pursuit of her faithless lord. She got to Dover, where the sight

of the rolling billows terrified her so much, that, after three

days of doubt whether she should cross the water or not, she

resolved to return, and weep away her vexation in London. Not

long afterwards, however, she plucked up courage, and taking

advantage of a smooth sea she ventured over the Straits, and set

off for Milan, if not to recover her fugitive better half, at all

events to terrify her rival and disturb their joys. The advent of

the Cannizzaro woman was to the Visconti like the irruption of

the Huns of old. She fled to a villa near Milan, which she

proceeded to garrison and fortify, but finding that the other was

not provided with any implements for a siege, and did not stir

from Milan, she ventured to return to the city, and for some time

these ancient heroines drove about the town glaring defiance and

hate at each other, which was the whole amount of the hostilities

that took place between them. Finding her husband was

irrecoverable, she at length got tired of the hopeless pursuit,

and resolved to return home, and console herself with her music

and whatever other gratifications she could command. Not long

after, she fell in love with a fiddler at a second-rate theatre

in Milan, and carried him off to England, which he found, if not

the most agreeable, the most profitable business he could engage

in. The affair was singular and curious, as showing what society

may be induced to put up with. There was not the slightest

attempt to conceal this connexion; on the contrary it was most

ostentatiously exhibited to the world, but the world agreed to

treat it as a joke, and do nothing but laugh at it. The only

difference 'the Duchesse' ever found was, that her Sunday parties

were less well attended; but this was because the world (which

often grows religious, but never grows moral) had begun to take

it into its head that it would keep holy the Sabbath _night_. The

worst part of the story was, that this profligate blackguard

bullied and plundered her without mercy or shame, and she had

managed very nearly to ruin herself before her death. What she

had left, she bequeathed to her husband, notwithstanding his

infidelities and his absence.

January 21st, 1841 {p.367}

[Page Head: MACAULAY'S CONVERSATION.]

[Page Head: MACAULAY'S MEMORY.]

I dined with Lady Holland yesterday. Everything there is exactly

the same as it used to be, excepting only the person of Lord

Holland, who seems to be pretty well forgotten.[3] The same talk

went merrily round, the laugh rang loudly and frequently, and,

but for the black and the mob-cap of the lady, one might have

fancied he had never lived or had died half a century ago. Such

are, however, affections and friendships, and such is the world.

Macaulay dined there, and I never was more struck than upon this

occasion by the inexhaustible variety and extent of his

information. He is not so _agreeable_ as such powers and

resources ought to make any man, because the vessel out of which

it is all poured forth is so ungraceful and uncouth; his voice

unmusical and monotonous, his face not merely inexpressive but

positively heavy and dull, no fire in his eye, no intelligence

playing round his mouth, nothing which bespeaks the genius and

learning stored within and which burst out with such

extraordinary force. It is impossible to mention any book in any

language with which he is not familiar; to touch upon any

subject, whether relating to persons or things, on which he does

not know everything that is to be known. And if he could tread

less heavily on the ground, if he could touch the subjects he

handles with a lighter hand, if he knew when to stop as well as

he knows what to say, his talk would be as attractive as it is

wonderful. What Henry Taylor said of him is epigrammatic and

true, 'that his memory has swamped his mind;' and though I do not

think, as some people say, that his own opinions are completely

suppressed by the load of his learning so that you know nothing

of his mind, it appears to me true that there is less of

originality in him, less exhibition of his own character, than

there probably would be if he was less abundantly stored with the

riches of the minds of others. We had yesterday a party well

composed for talk, for there were listeners of intelligence and a

good specimen of the sort of society of this house--Macaulay,

Melbourne, Morpeth, Duncannon, Baron Rolfe, Allen and Lady

Holland, and John Russell came in the evening. I wish that a

shorthand writer could have been there to take down all the

conversation, or that I could have carried it away in my head;

because it was curious in itself, and curiously illustrative of

the characters of the performers. Before dinner some mention was

made of the portraits of the Speakers in the Speaker's House, and

I asked how far they went back. Macaulay said he was not sure,

but certainly as far as Sir Thomas More. 'Sir Thomas More,' said

Lady Holland, 'I did not know he had been Speaker.' 'Oh, yes,'

said Macaulay, 'don't you remember when Cardinal Wolsey came down

to the House of Commons and More was in the chair?' and then he

told the whole of that well-known transaction, and all More had

said. At dinner, amongst a variety of persons and subjects,

principally ecclesiastical, which were discussed--for Melbourne

loves all sorts of theological talk--we got upon India and Indian

men of eminence, proceeding from Gleig's 'Life of Warren

Hastings,' which Macaulay said was the worst book that ever was

written; and then the name of Sir Thomas Munro came uppermost.

Lady Holland did not know why Sir Thomas Munro was so

distinguished; when Macaulay explained all that he had ever said,

done, written, or thought, and vindicated his claim to the title

of a great man, till Lady Holland got bored with Sir Thomas, told

Macaulay she had had enough of him, and would have no more. This

would have dashed and silenced an ordinary talker, but to

Macaulay it was no more than replacing a book on its shelf, and

he was as ready as ever to open on any other topic. It would be

impossible to follow and describe the various mazes of

conversation, all of which he threaded with an ease that was

always astonishing and instructive, and generally interesting and

amusing. When we went upstairs we got upon the Fathers of the

Church. Allen asked Macaulay if he had read much of the Fathers.

He said, not a great deal. He had read Chrysostom when he was in

India; that is, he had turned over the leaves and for a few

months had read him for two or three hours every morning before

breakfast; and he had read some of Athanasius. 'I remember a

sermon,' he said, 'of Chrysostom's in praise of the Bishop of

Antioch;' and then he proceeded to give us the substance of this

sermon till Lady Holland got tired of the Fathers, again put her

extinguisher on Chrysostom as she had done on Munro, and with a

sort of derision, and as if to have the pleasure of puzzling

Macaulay, she turned to him and said, 'Pray, Macaulay, what was

the origin of a _doll_? when were dolls first mentioned in

history?' Macaulay was, however, just as much up to the dolls as

he was to the Fathers, and instantly replied that the Roman

children had their dolls, which they offered up to Venus when

they grew older; and quoted Persius for

'Veneri donatae a virgine puppae,'

and I have not the least doubt, if he had been allowed to

proceed, he would have told us who was the Chenevix of ancient

Rome, and the name of the first baby that ever handled a doll.

[3] [He had been dead three months.]

The conversation then ran upon Milman's 'History of

Christianity,' which Melbourne praised, the religious opinions of

Locke, of Milman himself, the opinion of the world thereupon, and

so on to Strauss's book and his mythical system, and what he

meant by mythical. Macaulay began illustrating and explaining the

meaning of a _myth_ by examples from remote antiquity, when I

observed that in order to explain the meaning of 'mythical' it

was not necessary to go so far back; that, for instance, we might

take the case of Wm. Huntington, S.S.: that the account of his

life was historical, but the story of his praying to God for a

new pair of leather breeches and finding them under a hedge was

mythical. Now, I had just a general superficial recollection of

this story in Huntington's 'Life,' but my farthing rushlight was

instantly extinguished by the blaze of Macaulay's all-grasping

and all-retaining memory, for he at once came in with the whole

minute account of this transaction: how Huntington had prayed,

what he had found, and where, and all he had said to the tailor

by whom this miraculous nether garment was made.

January 30th, 1841 {p.370}

[Page Head: M. GUIZOT'S ESTIMATE OF LORD HOLLAND.]

Parliament opened on Tuesday last with a very meagre speech, on

which no amendment could be hung. The Duke spoke extremely well

in the House of Lords, and Peel the same in the House of Commons.

Both approved (the Duke without any qualification, Peel more

guardedly) of the foreign policy of the Government, and both said

everything that was conciliatory, nattering, and cordial to

France. John Russell and Palmerston both spoke in the same tone,

the latter especially, and his speech was totally free from

anything like triumph or exultation; in short, nothing could be

more favourable for Government than what passed, and nothing more

creditable to the country. It was temperate and dignified, and

exhibited a strong contrast to the fury and bluster of the French

debates and the Press, and consequently displayed the superiority

in every respect of our national character over theirs. At

present everything promises a very easy session, and the

Conservatives are confessedly reduced to look to the chapter of

accidents for some event which may help them to turn out the

Government and get hold of their places.[4] Lord John said

something about Lord Holland in the House of Commons, but

Melbourne could not be prevailed upon to say anything in the

House of Lords. Lady Holland was satisfied with Lord John's

speech, but though it was a prettily turned compliment, it was of

no great service in relieving him from the charges which have

been levelled at him in some of the newspapers.[5]

[4] [It is curious that a session which was destined to

witness the important proposals of the Whigs in the

direction of free trade, and to end so disastrously for

the Liberal party, and so well for the Conservatives,

should have begun thus tamely.]

[5] [Lord Holland had been attacked for the part he took in

opposition to the Treaty of July in the preceding year,

and for his earnest endeavours to avert a rupture with

France. The best answer to these aspersions on the

conduct of a most excellent man and true patriot occurs

in a letter from M. Guizot to Lady Holland of January

3, 1841, which has recently been published. I

transcribe the following sentences:--

'J'ai ressenti un vrai, un vif chagrin quand j'ai vu

le nom qui vous est cher compromis d'une façon si

inconvenante dans nos débats. J'aurais voulu raconter

moi-même, à tout le monde, sa bienveillance si sincère

pour la France, son désir si persévérant de maintenir

entre nos deux pays une amitié qu'il regardait comme

excellente pour tous les deux, et en même temps sa

constante préoccupation pour son propre pays, son

dévouement si tendre pour la Reine, son attachement si

fidèle pour ses collègues. Je n'ai rencontré personne

qui sût concilier à ce point tous les devoirs, tous les

sentiments, toutes les ideés. Dans la confiance de nos

entretiens j'ai bien souvent regretté que tout le monde

ne fût pas là pour l'entendre, tout le monde, Anglais,

Français, ceux dont il ne partageait pas les opinions

comme ceux qui étaient de son avis. Il aurait exercé

sur tout le monde une influence bien salutaire, et les

absurdes propos qui out été tenus, depuis qu'il n'est

plus là, auraient été complètement impossibles.']

February 1st, 1841 {p.371}

The Sheriffs' dinner at the Lord President's on Saturday.[6] It

must be owned they decide very conscientiously. One man asked for

exemption because he had, by keeping away Conservative votes,

decided an election in favour of a Whig candidate, and, though

otherwise disposed to let him off, they made him Sheriff directly

on reading this excuse. I sat next to Palmerston. It was amusing

to see how everything is blown over, and how success and the

necessity of making common cause has reconciled all jarring

sentiments; and it was amusing to hear Melbourne in one house and

John Russell in the other vigorously defending and praising

Palmerston's policy. It must be owned that Palmerston has

conducted himself well under the circumstances, without any air

of triumph or boasting either over his colleagues or his

opponents or the French. He has deserved his success by the

moderation with which he has taken it. I saw Bourqueney last

night, delighted with all that was said in Parliament,

especially, of course, by the Duke and Peel, but well satisfied

with John Russell and Palmerston, and he owned the tone of the

latter was unexceptionable.

[6] [The list of Sheriffs for the ensuing year is settled

at an annual dinner attended by the Cabinet Ministers,

when the three names designated by the judges for each

county are passed in review, excuses considered, and

one of the number chosen to be submitted to the Queen.]

February 4th, 1841 {p.372}

Went the night before last to Exeter Hall, to hear Mr. Hullah[7]

give a lecture on the teaching of vocal music in the Poor Law

schools (and elsewhere). Very interesting, well done, and the

illustration of his plan by the boys of Dr. Kay's school and

other (adult) pupils of Hullah's was excellent. The plan has been

tried with great success in France, Germany, and Switzerland, and

the Education Committee are disposed to assist in giving it a

trial here. These plans, which are founded in benevolence and a

sincere desire for the diffusion of good among the people, merit

every encouragement, and will in the end get it, for there is, in

the midst of much indifference and prejudice, a growing

disposition to ameliorate the condition of the masses, both

morally and physically.

[7] [I had myself put Mr. Hullah in relation with the

Government, and with Mr. Eden, who tried his system of

musical instruction (based on Wilhem's plan) at the

schools at Battersea. Indeed, I persuaded Hullah to go

to France to study Wilhem's system, which was in

operation there. Lord Lansdowne saw that musical

education was a neutral ground on which all parties

(those most divided) might agree; and he took up this

idea with success. Sydney Smith went to this lecture,

to Hullah's great delight, and it was very successful.

Mr. Hullah, after a long and useful career, died in

1884.--H.R.]

[Page Head: IRISH REGISTRATION BILL.]

Yesterday all the Tories were in high glee at their success at

the Canterbury and Walsall elections, the former not having been

expected by either party, and nevertheless they had a majority of

165 votes. It is certainly curious, for the Government have a

right to be popular, or, at least, to expect that no tide of

unpopularity should rise against them; and after all their

successes, and the declared inability of their opponents to find

fault with them, it is strange that they should lose ground to

the extent that they have. The Government see all the danger of

their position, and how very probable it is that they may be

reduced to the necessity of resignation or dissolution, and,

though they have no hopes of bettering themselves by the latter,

they have made up their minds to try the experiment, in order

that they may give the Queen no reason to accuse them of

unnecessarily deserting her, and not exhausting every expedient

to retain their places before they give them up. They are,

however, very much divided upon the question of what to dissolve

upon, some being for so doing on Stanley's Irish Registration

Bill, if then defeated, while others (more judiciously, _meâ

sententiâ_) are against going to the country on any Irish

question.[8]

[8] [The Irish system for the registration of voters

differed materially from that of England. In Ireland,

every person claiming to vote for the first time was

obliged to prove his title; in England, all claims were

admitted that were not objected to, and other abuses

had crept in. Attempts had been made by the Government

to remedy this evil, but in vain; and in 1840 Lord

Stanley, then in Opposition, took it in hand, and

brought in an Irish Registration Bill, which was

opposed by O'Connell and by Lord Morpeth, then Irish

Secretary, but on two successive divisions Ministers

were beaten. This Bill was, however, withdrawn. In 1841

Lord Stanley and Lord Morpeth both brought in Irish

Registration Bills; the former was meant to clear the

Register of fictitious voters, the latter was a Reform

Bill in disguise, for it extended the franchise to

leaseholders rated at £5 a year. The contest between

these two rival Bills occupied the early parts of the

session. The second reading of Lord Morpeth's Bill was

carried by 299 to 294, but eventually the qualification

clause was struck out of the Bill in Committee by a

division of 300 to 294 on April 29. (See Walpole's

_History of England_, vol. iii. p. 520.)]

February 9th, 1841 {p.373}

The Duke of Wellington had an attack the other night in the House

of Lords, and was taken home speechless, but not senseless. It

was severe, but short, and after the stomach was relieved, he

rapidly recovered, and in a day or two _pronounced_ himself as

well as ever. Of course the alarm was very great. He is very

eager about politics, and the Tory language is that of exceeding

gloom about the general aspect of affairs, while their own

affairs, as far as elections are concerned, flourish. In

Monmouthshire the Whig has resigned without a contest; the Tories

affect to consider Morpeth's Registration Bill as a revolution,

while the Whigs pretend that Stanley's will make every county in

Ireland a close Orange borough. Perhaps the debates may strike

out something approaching to the truth. Great disquietude at the

French armaments, considerable uneasiness at the dispute with

America, and much disgust at our having been apparently

bamboozled by the Chinese, form the principal topics of political

grievance and complaint.

February 12th, 1841 {p.373}

The other day I met Lord Howick, and had a talk with him about

the Irish questions now pending. The Government are much pleased

with his support of Morpeth's Bill. As he stands, as it were,

midway between the two Bills, I asked him to explain to me the

merits of the question, which he did, as it seemed to me, fairly

enough. He approves of the machinery of Stanley's registration,

and of Morpeth's definition of the franchise, not binding himself

to _amount_, but not objecting to that proposed. He showed me a

letter he wrote to Stanley, in a very amicable strain, setting

forth the danger which he thought would attend any settlement of

the question which did not embrace a definition of the franchise,

and entreating him to reconsider the question, for the purpose of

coming to some arrangement. The answer was not encouraging, for

it consisted of a note from Lady Stanley to Lady Howick, in which

she said that Stanley had got the gout in his hand, and could not

write, but desired her to say that he entirely disagreed with

Howick. Howick talked sensibly enough about it, and asked me if I

could not do anything to bring about a compromise, his notion

being that there should be a committee above stairs to take

evidence as to the effect of the £5 franchise, and that only the

principle of definition should be admitted. I told him I had no

means whatever, had no access to any of the leaders, that the

only men to whom I could talk were Graham or Fitzgerald, and that

if I fell in with either, I would see if any possibility

presented itself.

February 14th, 1841 {p.374}

[Page Head: SIR JAMES GRAHAM ON IRISH AFFAIRS.]

The day before yesterday I met Graham by accident at Boodle's, so

I took the opportunity of talking to him about these Bills, and I

soon found that there is no possibility of any compromise. He

expressed the greatest alarm and disgust at Morpeth's measure;

said that he had never seen Stanley so determined, and that he

and Peel both entirely agreed with him; that he could not

understand how John Russell, or indeed any member of Lord Grey's

Government, could consent to such a violation of the principle of

the Reform Bill, and to the formation of a new franchise, which,

if granted, must entail similar concessions in England and

Scotland; that the intention of the framers of the Reform Bill

was that, in the counties, property and not numbers should have

influence, and the effect of this Bill would be to transfer

influence from property to numbers. He spoke much of the

unpopularity of the Government, which he attributed to the Irish

connexion, and thought that this Bill would do them great harm in

England. When I urged the importance of settling affairs in

Ireland, and not leaving such a question as this to unite all the

country against them, if they came in again, and to revive the

great power of O'Connell, which had for some time been waning,

and I pointed out the great danger that might arise from Ireland

in the present unsettled state of Europe, he said, rather than

consent to such a measure as this, he was prepared to encounter

every difficulty and danger; he would never consent to transfer

power from the landed interest to the multitude; and as long as

the priests interfered in Irish elections, it could not be

expected that landlords would not counteract that influence by

diminishing as much as they could the numbers of those who were

made to act under it; that the old saying that Cromwell had

confiscated too much, or exterminated too little, was the truth;

he saw no way of pacifying that country, and as to concessions

they must have a limit, every concession had been made that could

be reasonably desired, and he would do no more. If they came into

power, he would be prepared to govern equitably, without fear or

favour, encouraging, without reference to political or religious

opinions, all those who supported the British connexion, and with

a determination to uphold without flinching the national

institutions. I asked him if he thought no transaction could be

effected with the Irish priests, so as to reconcile them to

Government; but he said that none was, he thought, now feasible.

He had been for the measure, but now England would not grant an

establishment to the Catholic clergy, and if she would, they

would not accept it, for they never would abandon the advantages

they enjoyed under the present system of voluntary contributions,

which was in most cases more profitable than any provision which

could possibly be held out to them.

The result of all this presents very serious matter for

reflexion, for this Irish question will probably draw a broad

line of separation between parties, afford respective rallying-

points, and secure a formidable and united opposition if the

Tories come in; and one cannot regard without the greatest

apprehension the prospect of a systematic determined hostility on

the part of the Irish masses towards this country with the

certainty almost that the ground on which the battle will be

fought will be that of maintaining the Irish Church. This is in

point of fact the interest which the Tory or English party

regard. Ireland is denied her share in representation, hers is

made an exceptional case, because she is under Catholic

influence, and because that Catholic influence will, they

suspect, if ever it is strong enough, exert its strength in

overturning the English Church. I do not think anybody of sense

and information believes that the Irish Catholic clergy or laity

have any disinclination to British connexion, except so far as

they are in their own eyes degraded or injured by it. There

exists, and there ever will exist, that one deep feeling,

constantly kept burning in the minds of the laity by the undying

zeal of the clergy, that Catholic Ireland is insulted and

impoverished by the vast Protestant ecclesiastical establishment,

that in the most important, the most heart-stirring of all

interests, an interest at once temporal and spiritual, they are

stripped of those equal and essential rights which are possessed

by England and Scotland. I have never doubted that sooner or

later this contest would arise, and that the end of it will be,

however long in coming, the downfall of the Church of England in

Ireland, as fall it ought.[9]

[9] [This prediction was fulfilled in 1868. But the measure

was not followed by that cessation of discord which Mr.

Greville hopefully anticipated from it.]

February 27th, 1841 {p.376}

The debate lasted four nights on Morpeth's Bill, and Ministers

got a majority of five, both sides bringing down the sick and the

dying without remorse. A close division and parties nicely

balanced, extinguish all feelings of humanity. The best speeches

were Charles Buller's, Sheil's, Follett's, Peel's, and John

Russell's. It is supposed this will bolster them up for the

Session, but something still depends on Stanley's Bill.

[Page Head: SETTLEMENT OF THE EASTERN QUESTION.]

Foreign affairs have assumed a better aspect. A negotiation is

going on _here_ for the purpose of inviting France to join the

alliance, and take part in the final settlement of the Eastern

Question, which she desires no better than to accept, and then to

disarm; indeed, she has already begun to do so. The delay is

occasioned by some difficulty as to the forms to be adopted. The

French want some phrases, which don't seem unreasonable in

themselves, but about which the Russian makes a difficulty. There

is to be a Note, and in this Note Bourqueney wishes it to be

expressly stated that the integrity of the Ottoman Empire is now

secured, but Brunnow makes this strange objection, that they

should thereby be admitting the _de jure_ occupation of Algiers

by the French. This seems such a frivolous objection that it is

difficult to conceive it can be the real one. The wonder is that

Palmerston, who carries everything with so high a hand, does not

overrule it _auctoritate suâ_. He has been showing off his

flippancy lately not only to France, but to Austria, writing

despatches to Lord Granville, which are in such a tone that he

complains bitterly of being instructed to read them to Guizot;

and, with regard to Austria, this occurred: Metternich wrote some

letter complaining of delay in settling the question of Mehemet

Ali's hereditary possession of Egypt, which, it seems, nettled

Palmerston, and he wrote a remarkably clever but very insolent

answer, in which he reviewed the vacillations and inconsistencies

of the Austrian Cabinet in a very offensive style. This despatch

was read by the Cabinet; and I fancy generally disapproved, very

much so by Melbourne, who however did not interfere, and let it

go. But Frederick Lamb, who has all the confidence and courage

which Melbourne wants, very quietly put it in his drawer, and

wrote word to Palmerston that circumstances were changed and he

should not give it to Metternich. Melbourne was very much pleased

at this, and said it was very judicious; but he forgot that it

was his business to stop it in the first instance, and that,

thinking it imprudent, as Prime Minister he ought to have put his

veto on it. But he is only Prime Minister in name, and has no

authority. He is all in all at Buckingham Palace, but very little

in Downing Street.

March 2nd, 1841, Tuesday {p.378}

[Page Head: THE PROTOCOL DELAYED.]

On Sunday I met Bourqueney at dinner. He was very gloomy, talked

of the debate in the Chamber and the declarations in favour of

keeping up the _isolement_ as '_très-grave_,' and then complained

bitterly, but obscurely, of the difficulties he encountered here,

and how hard it was, after the unanimous expressions in both

Houses of Parliament, that such obstacles should be cast in the

way of a settlement, hinting at Palmerston as the cause, but

without being explicit; indeed, it was in the carriage going to

Lady Holland's, and there was not time for more. To-day, however,

I have heard more; and it seems that Palmerston has been at his

tricks again, though I don't yet know precisely what he has done.

My brother keeps writing me word that his tone in his

communications to the French Government, through Lord Granville,

is very offensive; but here he appeared to be really anxious to

conciliate. It is, however, quite impossible to make out what he

is at. He has contributed more than anybody to give this

Government a _federal_ character; for in the Foreign Office he

has resolved to be, and he is, wholly independent of his

colleagues. He tells them as much or as little of his proceedings

as it suits his purpose or his fancy to do; and they are now so

well aware of this, and have so little confidence in him, that

when he does tell the Cabinet anything they feel no security that

they are acquainted with the truth or, at least, the whole truth.

In the pending matter, Esterhazy and Bülow have been vehemently

urging the completion of an arrangement, but the Cabinet settled

that no overture should be made to France without previously

ascertaining that she would accept it when made. All very proper!

It was settled that the other Powers should beg Palmerston to

invite France in all their names to join in a Convention for

securing the free navigation of the Bosphorus; and this

Convention was arranged at a Conference some day last week, and

at the same time a Protocol--which was to _precede_ it--stating

that, the objects of the July alliance being completed, the

alliance was at an end. All this was agreed to, and on Saturday

at the Cabinet the Convention was read and approved of; but

objections were made to the Protocol on the ground that questions

might still arise requiring the intervention of the alliance,

that no certain intelligence had yet arrived either of the

evacuation of Syria by Ibrahim or the publication of the firman

by the Sultan, and, therefore, it would be imprudent to break up

the alliance just at this moment, and this operation might as

well be deferred for a brief space. Such was the general

sentiment. Melbourne said, 'Are you sure France will take the

Convention?' to which Palmerston replied, he had no doubt she

would, as it had been put into his hands by Esterhazy, who had

probably already communicated it to Bourqueney. But he did not

tell the Cabinet that he had agreed at the Conference to the

Protocol likewise, and had left his foreign colleagues under the

impression that it would be agreed to by the Cabinet.

On Sunday night Bülow and Bourqueney met Normanby at Lady

Holland's, when they both spoke to him in the strongest terms,

more especially Bülow; who said it was very painful to him to

complain to Normanby of the conduct of Palmerston, and he would

not repeat what had passed at the Conference, but he must tell

him if Palmerston continued to conduct himself as he did, the

most fatal consequences would ensue, and the affairs of Europe

would become more embroiled and be in a more perilous state than

they had ever been yet. He frightened Normanby so much that the

next morning he went off to Melbourne, told him what had passed,

and entreated him to interfere. Melbourne promised he would, but

of course he will not; and Palmerston will probably not care a

straw what he says, or be in the slightest degree biassed by any

opinion he may express. As far as I can guess, Bourqueney's

excessive discontent arises from this: He very naturally wants

this Protocol, and Bülow and Esterhazy, no doubt, told him that

Palmerston had consented to it and would propose it to him;

whereas, in their conference on Sunday, Palmerston probably

offered him the Convention but did not say a word about the

Protocol, and this both he and Bülow consider a great breach of

faith. Notwithstanding the good reason which there really is for

not formally dissolving the alliance till all the arrangements

concerning Egypt and Syria are completed, it is easy to

understand that in the present temper of France it would be

impossible for Guizot to enter into any relations with the other

Powers till their separate and exclusive alliance is at an end.

It is no wonder, therefore, that Bourqueney looks upon the

Protocol as an essential condition of his acceptance of the

Convention; and if he has been first given to understand that the

Protocol was admitted, and then told by Palmerston that it could

not be, he might naturally be indignant. One never knows what

else Palmerston may have said nor what tone he may have taken.

[Page Head: A MISREPORTED SPEECH.]

While these difficulties are obstructing a pacific arrangement

here, they are rendered much more serious by the discussions in

the French Chamber on the Secret Service money, when the insolent

and extravagant speeches in favour of keeping up the _isolement_

and the state of armed observation were hailed with vociferous

applause; and this frantic violence is the Parliamentary response

to the calm and dignified expression of peace and goodwill to

France which marked our first Parliamentary night, and in which

the leaders of all parties joined with equal cordiality. If this

goes on, and if Guizot is not strong enough to give effect to his

pacific disposition and to venture upon a reconciliation, all

amicable feelings towards France will be swallowed up in a

general sentiment of indignation at her insolence; and instead of

wasting any more time in fruitless endeavours to bring her back

into the councils of Europe, we shall begin to think of the means

of securing ourselves against any possible effects of her ill-

will and obstinate resentment. Those who have most strongly

advocated the French alliance will be soon ready to cement that

of the four great Powers, to curb the extravagant pretensions and

mischievous designs of France, if the latter does not come to her

senses and descend from her high horse very soon.

March 4th, 1841 {p.381}

Yesterday morning Dedel, who was pretty accurately acquainted

with all that has lately passed, called on me. His account

confirmed my notions. The other Ministers of the Conference had

told Bourqueney what he was to expect at his conference with

Palmerston. When, therefore, the latter tendered him the draft of

the Convention, he said, 'This is very well, but have you nothing

else to give me?' 'No,' said Palmerston; 'what do you mean? I

know of nothing else.' 'Have you not also a Protocol, announcing

the _clôture_ to propose to me?' 'Oh no; that is impossible.

There has been a question of such a Protocol, but great

difficulties have arisen. Chekib says he cannot agree to such a

Protocol without previous application to his Court and receiving

a specific authority.' On this, Bourqueney very indignantly said,

'he must know it was quite useless to offer him the one without

the other, as the formal termination of the alliance of July was

an indispensable preliminary of any convention to which France

could be a party.' A warm conversation followed, in the course of

which (as Dedel says), Bourqueney saying, 'Nous ne sommes pas

pressés,' Palmerston replied in his most insolent tone, 'Et nous

ne sommes pas pressés non plus; si vous ne craignez pas les

bâtiments anglais, vous sentez bien que nous ne craignons pas les

bâtiments français....'[10]

[10] [This was untrue, as appears by the next entry.]

March 5th, 1841 {p.381}

[Page Head: PROTOCOL AND CONVENTION SIGNED.]

At the Cabinet dinner the day before yesterday, Palmerston

announced that 'everything was going on well, everybody

satisfied,' and as this rose-coloured aspect of affairs was so

inconsistent with the gloom and discontent of Bourqueney and

Bülow, and the account given me by Dedel, I resolved to call on

Bourqueney, and find out from him in what position the affair

stood. I did so, and the result proved with what caution one

ought to listen to the reports of persons the best informed, and

who relate what they have heard with the most veracious

intentions. Instead of correcting or expunging what I have said

above, I shall put down the substance of what Bourqueney said to

me, which agrees with much of Dedel's account, but differs in

some very important particulars. I told him that I had (as he

would be sure) no desire to _fourrer_ myself into his affairs,

but that I thought a little conversation between us might be

useful in promoting the object we had in common--that of

restoring amicable relations between the two countries; and

having seen how annoyed he was on Sunday last, and knowing what

had passed, I wished to know if he was not _now_ better satisfied

than he was _then_; and that as I, and those with whom I

communicated, only knew what passed between him and Palmerston,

or at the conferences, from Palmerston's own reports, when he

told his colleagues just what he pleased and no more, and as I

had heard from other quarters an account of his interview on

Sunday with Palmerston, I wished to know what had really passed.

He had, he said, been extremely annoyed and disappointed, after

being told that he was to have the Protocol (by Bülow and

Esterhazy, of course), when Palmerston told him this was out of

the question, as Chekib refused to sign it without orders. He

then gave me the conversation between himself and Palmerston,

which does not appear to have been acrimonious, and instead of

Palmerston's having made that insolent speech which was put in

his mouth when Bourqueney said, 'Mais nous ne sommes pas

pressés,' he only said, 'Ni nous non plus, c'est l'Autriche et la

Prusse qui sont pressées;' so that all the offensive part was a

fabricated addition, and I have no doubt of this by Bourqueney's

way of speaking of it. He said, moreover, 'Il faut rendre justice

à Lord Palmerston, son ton a été excellent, et jamais il n'a

prononcé le mot de désarmement;' that if he had, or had attempted

to impose any condition, he should at once have rejected all

overtures; but nothing of the kind had been attempted, and he

admitted that every respect had been shown to France, and a

sincere desire evinced to renew relations with her. He said,

'Enfin vous êtes triomphants, et nous sommes humiliés,' and you

can well afford to treat us 'avec des égards;' but he seemed to

think that in point of fact the Conference was already

practically dissolved, for both Bülow and Esterhazy had declared

(in their anxiety for the _clôture_, as an indispensable

preliminary to the Convention, for which their eagerness is

intense), that, happen what might, they would take no farther

part in Eastern affairs. On the whole, the prospect is good, and

it is but just to Palmerston to say that he does not seem to have

acted unfairly or insolently, or to be obnoxious to any reproach

in his relations with Bourqueney.

March 12th, 1841 {p.383}

The Protocols were duly signed and the Convention sent to Paris.

They were well received by Guizot, who returned them for some

verbal alterations which have been agreed to, and if no new

difficulties arise in the East to prevent a settlement, our

relations with France will be restored. But within these few days

a whole budget of bad news has poured in--from China, where the

admiral has resigned on the plea of ill-health, having done

nothing but lose half the troops he took out, and leaving affairs

in a very uncertain and unsatisfactory state. I had a letter from

Emily Eden[11] yesterday, in great disgust at the waste of time,

money, and life, and the failure hitherto of all the objects we

had in view. The Chinese have bamboozled and baffled us, that is

the plain truth.

[11] [Miss Emily Eden had accompanied her brother, Lord

Auckland, to India, where he was Governor-General. This

impression of the state of our relations with China

appears to have been erroneous. On February 1st,

Captain Elliot annexed the island of Hong Kong, which

has been permanently united to the British Empire, and

on April 18th Her Majesty's forces occupied Canton.]

Then the violence and bad spirit displayed in America have

produced no small consternation here, though everybody goes on

saying that a war between the two countries, and for so little

cause, is impossible.[12] It does seem impossible, and the

manifest interest of both nations is opposed to it; but when a

country is so mob-governed as America, and the Executive is so

destitute of power, there must be great danger. However, the

general conviction is, that the present exhibition of violence is

attributable to the malignity of the outgoing party, which is

desirous of embarrassing their successors, and casting on them

the perils of a war or the odium of a reconciliation with this

country, and strong hopes are entertained that the new Government

will be too wise to fall into the snare that is laid for them,

and strong enough to check and master the bad spirit which is

rife in the Northern States. The real difficulty arises from the

conviction here, that in the case of M'Leod we are in the right,

and the equally strong conviction there, that we are not, and the

actual doubt on which side the truth lies. Senior, whom I met the

other day, expressed great uncertainty, and he proposes, and has

written to Government on the subject, that the question of

International Law shall be submitted to the decision of a German

University--that of Berlin, he thinks, would be the best. This

idea he submitted to Stevenson, who approved of it, but the great

difficulty would be to agree upon a statement of facts. Yesterday

Lord Lyndhurst was at the Council Office, talking over the matter

with Sir Herbert Jenner and Justice Littledale, and he said it

was very questionable if the Americans had not right on their

side; and that he thought, in a similar case here, we should be

obliged to try the man, and if convicted, nothing but a pardon

could save him. These opinions casting such serious doubts on the

question of right, are at least enough to restrain indignation

and beget caution.

[12] [This refers to the case of one M'Leod, who had been

engaged as a member of the Colonial forces in repelling

the attack made upon Canada from United States

territory, and who had consequently acted as an agent

of the British Government. But M'Leod was arrested at

New York in 1841 upon a charge of the murder of one

Durfee, who was killed during the capture of the

'Caroline.' The American authorities refused to give

him up on the demand of the British Minister, who

alleged that M'Leod's deed was a legitimate act, done

in obedience to his superior officers. He was tried,

and fortunately acquitted; but Mr. Webster, the

American Secretary of State, subsequently admitted that

individuals concerned in a public transaction under the

orders of their Government could not be held

responsible to the ordinary tribunals of law for their

participation in it. See Halleck's _International Law_,

vol. i., p. 430; and Hale's _International Law_,

p. 261.]

Besides China and America, two days ago appeared the Sultan's

firman restoring the Pasha, but on terms which he was certain not

to accept. This document, which arrives just as we are renewing

our relations with France, and which carries on the face of it

the strongest marks of Lord Ponsonby's interference and

influence, is well calculated to obstruct the arrangement, and so

it appeared to Clarendon, to Lord Lansdowne, to Melbourne, and to

John Russell. Clarendon immediately appealed to Lord John, who,

however, took it very quietly, and was averse to saying or doing

anything; and when he spoke to Melbourne, the latter said

Palmerston had shown him Ponsonby's private letter, in which he

said that he had nothing to do with it, that it was all

Stürmer's[13] doing, and that for some time past he had not been

able to make Redschid Pasha mind a word he said. On the other

hand, Lord John also spoke to Palmerston, when Palmerston said

not a word of Ponsonby's letter, but told him it was the best

possible arrangement; that Mehemet Ali had not understood it at

first, but that he would in the end be quite satisfied with it,

and that it was the only way of preventing confusion. Of course

Melbourne and Lord John were quite content, and fully partake of

Palmerston's entire satisfaction. Yesterday morning, however, I

found that Francis Egerton was full of indignation at this fresh

outrage, as he considered it, of Ponsonby's, and had taken a

resolution to bring the matter forward in the House of Commons,

but previously to speak to the Duke and Peel. Nothing was done

last night, and this morning he came and told me that they both

agreed with him, but that the Duke urged the necessity of extreme

caution, and of previously ascertaining the sentiments of the

other Allies, as we must not do or say anything which might

disturb our harmony with them. This caution, and not any

indisposition to take the matter up, was the reason no notice was

taken in the House of Commons last night, and they are now

waiting for further information to determine what course to take.

[13] [M. Stürmer was the Austrian Internuncio at

Constantinople.]

March 14th, 1841

[Page Head: BAD EFFECT OF THE HATTI-SHERIF.]

On Friday, Francis Egerton put questions to Palmerston, and Peel

took a part. He told me that he was much surprised at the way in

which Palmerston received as well as answered them, as they had

intended nothing hostile and thought it was doing him a service,

and affording him an opportunity of explaining away the bad

effect of the Hatti-sherif, but that he took it very ill, and

answered with evident embarrassment. From his manner, and the way

in which Labouchere cheered when Palmerston said that their

intention had been to give a _bonâ fide hérédité_ to Mehemet Ali,

he inferred there was some disagreement in the Cabinet.

Yesterday Reeve went off to Paris, having had a conference with

Lord Lansdowne, who not only expressed his dissatisfaction with

the firman, but authorised him to say so to M. Guizot, and to

assure him that this was the sentiment of the Government, and

that it was quite inconsistent with any instructions to Ponsonby

_which he had ever seen or heard of_.

The Tories were extremely dissatisfied with Palmerston's answers

the other night, but they have an extraordinary reluctance to

provoke any discussion on foreign affairs, though he is so

vulnerable on all points. It is, however, highly probable that

the matter will not be suffered to rest here. In such a manner

does one bold, unscrupulous, and able man predominate over his

colleagues, one of whom is John Russell, not less bold at times,

and as able as himself; but of a quiet disposition, shrinking

from contest, controversy, and above all, I take it, from the

labyrinth of underhand dealing which he must thread and

disentangle, if he insists upon a regular settlement of accounts

with Palmerston. There is no other way of accounting for his

acquiescence in the latter's proceedings. As for the rest,

Melbourne is too indolent, Lansdowne too timid, and the others

too indifferent to interfere. Clarendon has the will and the

courage, but he can do nothing alone, and he cannot rouse anybody

else to take part with him. If Lord Holland were still alive,

something might now be done.

[Page Head: FRESH OBSTACLES.]

The other night Peel, who has been a good deal nettled by the

attacks on him in a series of letters, signed 'Catholicus,' in

the 'Times,' made a very striking speech upon the education and

recreation of the people, which was enthusiastically cheered by

the Whigs, but received in silence by the Tories. He made a sort

of reply in this speech to the charges of irreligion insinuated

in these letters, and took the opportunity of expressing those

liberal sentiments which mark his own identification with the

progress of society, and which render him, from their liberality

and wisdom, the object of such suspicion, fear, and dislike with

the Tory democracy who reluctantly own him for their leader.

March 16th, 1841 {p.387}

On Friday last, after the House of Lords was over, the

Ministerial Lords gathered on the bench and had a sort of

Cabinet, a practice in which Melbourne takes pleasure. Clarendon

held forth about the state of the Eastern Question, and said all

he thought without reserve. He worked up Lansdowne to a

considerable amount of zeal and resolution to bestir himself. The

next day Lansdowne called on Melbourne, and he owned to Clarendon

that he was shocked and surprised to find that Melbourne had

never had any communication with Palmerston on the subject, and,

in point of fact, knew very little about what was going on. The

next day there was a Cabinet, when both Lansdowne and Clarendon

expressed their opinion with vivacity, complaining of the

proceeding at Constantinople, and urging the necessity of some

decisive step being taken here to correct its effects. Palmerston

knocked under; that is, he made no defence and no resistance, and

ostensibly acquiesced in the opinions expressed, and promised to

act in conformity with them. Though no reliance can be placed on

him, and none is placed, it would appear as if he was become

aware of the necessity of making his actions correspond with his

professions and with the opinions which have been so strongly

expressed in all quarters; for I met Bourqueney last night, who

told me that he really did think they were at last making

progress towards a satisfactory conclusion, that he had received

his instructions (which I already knew were to say the French

Government would hear of nothing till this Hatti-sherif was

disavowed) and had instantly got the Conference convened, and

that a formal notification had been made by the Four Powers to

the Turkish Ministers of their disapprobation of the firman, and

this seems to have been done in a way he considers satisfactory.

March 19th, 1841 {p.388}

The Bishop of Exeter got a heavy fall in the House of Lords the

other night on the St. Sulpice question.[14] He brought it

forward in an elaborate speech the week before, with his usual

ability and cunning; and he took the Duke of Wellington in; for,

after hearing the Bishop protest, and apparently make out, that

'a great blow had been struck at the Reformation,' he got up,

and, in total ignorance of the subject, committed his potential

voice and opinion to an agreement with the Bishop's dictum. The

truth, however, was that there was no case at all; the Government

had not only done what they were justified in doing, but they had

acted in precise conformity with the conduct held by all their

Tory predecessors, colonial secretaries, and with that of the

Duke of Wellington himself, who had forgotten all that had

occurred and the part he had previously taken. The consequence

was that the Tories resolved to throw the Bishop over, and so

they did, greatly to his rage and disgust and to the satisfaction

of all the bigots; not even a solitary Bishop or high Tory had a

word to say in his favour. He was detected in the course of the

debate of having sent a report to the 'Times' of his former

speech containing a very essential paragraph which he had omitted

in the speech itself. He tried to back out of it, and brought the

'Times' reporter as his witness; but he stood convicted in

general opinion.

[14] [This related to the Catholic foundation of St. Sulpice

in Canada.]

Reeve is gone to Paris. He saw Guizot on his arrival, who

announced to him what he meant to do. He waits till the Four

Powers have settled the Eastern Question, in which he will not

meddle in the slightest degree; and when it is settled, he will

be ready to join in the Convention. Bourqueney has signed the

document _de bene esse_; this is his wisest and most dignified

course.

March 30th, 1841 {p.388}

Nothing new for the last fortnight, the Eastern Question

apparently progressing to a settlement through some not very

important obstacles, and, what is of much greater consequence, a

fair prospect of an amicable arrangement with America. The new

President's inaugural speech, pedantic and ridiculous as it was,

had the merit of being temperate; and Webster had already written

to Evelyn Denison, desiring him not to judge of the real

sentiments of America by the trash spoken and the violence

exhibited in Congress, or by the mob of New York. John Bull, too,

who had begun to put himself into a superfine passion, and to

bluster a good deal in the French vein, is getting more tranquil,

and begins to see the propriety of going to work moderately and

without insisting on having everything his own way.

[Page Head: DEBATE ON THE POOR LAW.]

In Parliament there has been nothing of interest but the Poor Law

Bill, debated with great heat, and the several clauses carried by

majorities very little indicative of the real opinion of the

majority of the House. But the truth is that the Tories are

(generally) behaving very ill on this question, and their

shabbiness is the more striking because the Government have

behaved so well. The Tories are just as anxious for the passing

of the Bill as their opponents, or more so, nevertheless they

stay away or abuse and oppose the clauses, in order to curry

favour with their own constituencies and to cast odium on their

opponents, by which they may profit in the event of a general

election. There is probably not a man of them who would not be

annoyed and disappointed to the greatest degree if the Bill

should be impaired in its leading principles and material

provisions. The Government might, if they had chosen it, have

proposed the law as an experimental measure for a short period,

so as to cast upon their opponents the ultimate responsibility of

the measure, but they dealt with it liberally and wisely, and

without reference to temporary interests or party purposes,

which, so far from eliciting a corresponding spirit from their

opponents, only afforded them the opportunity (of which, without

shame or decency, they are availing themselves) to convert it

into a source of unpopularity against the Government who bring it

forward.

April 5th, 1841 {p.390}

While the American question looks well, the affairs of the East

are all unsettled again. The Pasha has, with all humility,

declined the conditions of the Sultan's Hatti-sherif, and the

whole thing remains still to be adjusted. Nobody, however, cares

or thinks much about it at all, for the Eastern business is

become as tedious as a twice-told tale. No more danger to the

peace of Europe is apprehended from it; nobody cares a straw for

Sultan or Pasha, and still less for the repose of the countries

they misgovern or the happiness of the people they oppress.

Sir Robert Peel has dined at the Palace for the first time since

the Bedchamber quarrel, and this is deemed important. All

domestic interest is absorbed in the blow which has fallen upon

Lord Granville at Paris, in the shape of a paralytic stroke,

which, from the character of the man, his social position, and

the important and unhappy consequences of this affliction to a

numerous class of people, excites a very deep and general

interest.

May 2nd, 1841 {p.390}

The approach of the Newmarket meetings usually absorbs my

thoughts, oppresses me with its complicated interests, and

destroys all my journalising energies. After a month's interval,

I take up my pen to note down the events that have occurred in

it. I went to Newmarket on Saturday before the Craven Meeting,

and on Sunday morning received a letter informing me of the

sudden death of my sister-in-law (Mrs. Algernon Greville), which

obliged me to return to town. This grievous affliction, so heavy

and irreparable to those whom it immediately concerns, matters

but little to the mass of society, who for the most part good-

naturedly sympathised with the sufferers; but the object, so

precious to the narrow circle of her own family, was too

unimportant to the world at large to be entitled to anything more

than a passing expression of regret. I went down to the funeral,

and was unutterably disgusted with the ceremony, with the

bustling business of the undertaker, mixing so irreverently with

the profound grief of the brothers and other relations who

attended, the decking us out in the paraphernalia of woe, and

thus dragging us in mourning coaches through crowds of curious

people, by a circuitous route, that as much of us as possible

might be exhibited to vulgar curiosity. These are things

monstrous in themselves, but to which all-reconciling custom

makes us submit.

[Page Head: LOSS OF THE 'PRESIDENT.']

This is not the only misfortune which has fallen upon individual

heads; but of all occurrences that which has excited the greatest

interest has been the loss, as it must now be concluded, of the

'President' steamer, with, among others, the Duke of Richmond's

young son on board. Day after day people have watched and

enquired with the most intense interest for the arrival or for

news of this vessel, and are only now slowly and reluctantly

abandoning all hope, while the wretched parents have been for

weeks past agitated with all the alternations of hope and

despair, and suffering a protracted torture worse than any

certainty. So much for private woes.

In the world of politics we have had an interval of repose till

after the recess, when Government sustained two defeats on the

Irish Registration Bill,[15] and Walter came in for Nottingham on

an Anti-Poor-Law cry, and by the union of Chartists and Tories to

defeat the Whig candidate. After the first division, Clarendon

wrote to me as follows: 'The defeat last night was a signal one.

We have had a Cabinet about it, and I went there fully expecting

that resignation would be the order of the day--_the word never

crossed the lips of anyone!_ Various expedients were suggested,

but, except by me, the thought of going out was not entertained.

The result is, that another trial of strength is to be had, and

if we are beaten the Bill is to be withdrawn for the year. How

Stanley's is afterwards to be opposed remains to be seen, but for

that we trust to luck and O'Connell's ingenuity in devising

delays--not very creditable or satisfactory, but as John has to

defend his course, he is the best judge of what he should do. He

quite scouted to me afterwards the idea of resigning, though he

admitted the Tory chances had advanced prodigiously, and that

Peel's language was quite that of determination, and of a man

ready to take the government.' Nobody has a guess what will

happen--whether Government will try and go on, dissolve or

resign; and a thousand speculations, and, of course, lies, are

afloat.

[15] [Lord Morpeth's Irish Registration Bill was withdrawn,

two amendments having been carried by the Opposition by

291 to 270 votes. Mr. Walter was elected at Nottingham

by a majority of 296 over the Government candidate.]

The affairs of the East are still unsettled, but there seems a

chance of their being patched up, though not in a way very

creditable or consistent. Metternich is now threatening the

Porte, that unless she consents to what the Conference shall

suggest he will quit the concern. Palmerston, meanwhile, talks of

again licking Mehemet Ali, while Ponsonby is as furious as ever

at Constantinople, and would blow up the coals again if he knew

how. The manner in which things are mystified, and facts

perverted from the truth, is curiously exemplified in the matter

of the recent Hatti-sherif. It was affirmed, when the severity of

its terms was objected to and Ponsonby blamed, that Ponsonby had

had no hand in it whatever. This was true, but how? He insisted

upon a _much more severe_ clause being inserted, on the Pasha's

being made a mere stipendiary of the Porte, and his revenue being

levied by Turkish officers; and because the Turkish Minister

would not go this length, Ponsonby flew into a rage, and refused

to sanction the Hatti-sherif with his approval unless this clause

was added, so that he had nothing to do with it, only because it

was not so stringent and violent as he wished to make it.

May 3rd, 1841 {p.392}

[Page Head: DEFEAT OF THE MINISTRY.]

Great agitation yesterday at the clubs, and excessive interest

and curiosity about coming events, on which hang the existence of

the Government. The Tories are talking of a vote of want of

confidence, and wish to follow up their successes by this

decisive blow. There is the greatest difference of opinion among

the Whigs as to the necessity of resigning, and, above all, as to

a dissolution. The event of the day was the resignation of

Gordon, Secretary of the Treasury, who could not stand the Corn

alteration that is threatened. Nobody thinks Ministers will carry

their Budget, and that will probably be their _coup de

grâce_.[16]

[16] [It turned out to be so. On April 30th the Chancellor

of the Exchequer introduced his Budget. He proposed to

meet the deficiency in the revenue of £2,421,000 by an

increase of the duty on Colonial timber and a reduction

of the duty on Baltic timber, and by a reduction of

duty on foreign sugar. The debate lasted eight nights,

and on May 18th Ministers were defeated on the sugar

question by a majority of 36. On May 7th Lord John

Russell had given notice of a resolution to reduce the

duties on corn to a fixed sum. On May 24th Sir Robert

Peel gave notice of a vote of want of confidence in the

Government, on which the House divided on June 4th,

Ministers being beaten by a majority of _one_.]

APPENDIX.

The Royal Precedency Question.

[As Mr. Greville's pamphlet on the Precedency Question is

now rarely to be met with, it may be convenient to

reprint it in this place. It is a tract of considerable

originality and research, and it was carefully revised

and approved by Lord Wensleydale and some of the most

eminent lawyers of the time when it was written. This

essay has therefore a substantial legal and historical

value. Moreover, its application is not exclusively

retrospective or confined to the peculiar case of the

precedency of the late Prince Consort at the time of his

marriage, which gave rise to warm debates, for it deals

with the precedency of the members of the Royal Family,

not being sons or daughters of a sovereign, or standing

in close propinquity to the throne. In the course of

years these personages have become numerous, and for the

first time in our history (at least, since the reign of

James I.), between twenty and thirty grandchildren and

great-grandchildren of the reigning sovereign are in

existence, whose claims to precedency will have to be

considered. By the 31st Henry VIII., which assigns places

in Parliament and Council to the sons, brothers, uncles,

and nephews of the king, after these degrees are past,

peers or others of the blood royal are entitled to no

place or precedence, except what belongs to them by their

personal rank or dignity. The mere fact of their descent,

in a more remote degree, from the sovereign, gives them

in law no precedency at all, although it may be conceded

to them by custom, and the respect willingly paid to

members of the Royal Family. Nor are they entitled to

bear the title of 'Royal Highness' unless it be conferred

upon them by the Crown. Thus, if I am not mistaken, the

late Duke of Gloucester, who was a nephew of George III.,

was not a 'Royal Highness' until he married the Princess

Mary, the king's daughter, when that distinction was

conferred upon him. In two or three generations from the

present time it is not improbable that the descendants of

Queen Victoria and Prince Albert will exceed a hundred

persons, and, although they will doubtless all look back

with pride to their illustrious ancestry, they will have

no rank or precedency, in the strict sense of the term,

except such as may be conferred upon them personally by

the Crown. For these reasons, it appears to me that Mr.

Greville's remarks on the subject may have some future

interest.--H.R.]

In the House of Lords on Tuesday, 4th February, when Prince

Albert's Naturalisation Bill was under discussion, Lord Brougham

said:--

'That these questions of precedence were of a very difficult and

doubtful nature. It was therefore a great convenience to submit

them to the House, because it enabled Parliament to make that

quite certain, which, if dealt with under the common law of the

country, might be open to objection.'

The interest which has been excited by this question, and the

doubts which prevail, even among the learned in the law, as to

the actual extent of the Royal prerogative in the matter of

granting precedence, are sufficient to provoke an enquiry into

the opinions of writers upon constitutional law, an examination

of the ancient practice, and of some of the cases which seem to

bear immediately upon the point, in order, if possible, to arrive

at something like a reasonable conclusion as to the power

actually possessed by the crown, and the manner in which, and

extent to which, it might be just and expedient to exercise it

upon the present occasion.

The first question which presents itself is, What have been the

ancient prerogatives of the Crown in granting dignities or pre-

eminencies of any description; and, secondly, In what respect, if

at all, these prerogatives have been limited or restrained by any

Parliamentary enactment. By the laws of England, the Sovereign is

considered the fountain of honour and of privilege, and the

constitution has entrusted to him the sole power of conferring

dignities and honours, in confidence that he will bestow them on

none but such as deserve them.[1]

[1] Blackstone, vol. i. p. 271.

The King may create new titles, and has the prerogative of

conferring privileges upon private persons,[2] _such as granting

place or precedence to any of his subjects_. He may make an

_Arch_-duke, who would not, however, take place of any duke his

ancient.[3]

[2] Ibid. i. 272, 4th Inst. 361.

[3] 4th Inst 363.

The King could create a peer, and give him precedence over all

other peers of the same rank,[4] a prerogative which was not

unfrequently exercised in ancient times. Henry VI. created Henry

Beauchamp Earl of Warwick and Praecomes totius Angliae, and

afterwards Duke of Warwick, with a right to sit in Parliament

after the Duke of Norfolk, but _before_ the Duke of Buckingham;

the same King created Edmund of Hadham Earl of Richmond, and gave

him precedence over all other earls, and Jasper of Hatfield Earl

of Pembroke with precedence next to the said Earl of Richmond.[5]

There appears to have been no limit to the authority of the Crown

in granting honours, titles, dignities, and offices, excepting

only that it could not grant new offices with fees annexed,

because that would be a tax upon the subject, which can only be

imposed by Act of Parliament. Assuming, then, that such was the

extent of the prerogative previously to the 31st of Henry VIII.,

the next question is, Whether it was restrained by that statute;

and if it was, within what limits it was thenceforward confined?

The preamble asserts the prerogative of the Crown in the

strongest terms; probably for the express purpose of guarding

against any inference that it was thereby abridged or restrained.

It is difficult to believe that, in passing the Act entitled 'for

placing the Lords,' Henry VIII. felt any doubt as to the

possession, or scruple as to the exercise, of the prerogative of

his progenitors, and still less that he had the remotest idea of

divesting himself of an iota of his own. The despotic temper of

the King, the subservient character of his Parliaments, and his

habitual employment of them as the most obsequious instrument of

his will, make it probable that he adopted this, merely as the

easiest and most convenient mode of settling a difficult and

complex question, but without the slightest misgiving as to his

own power, or any notion of restraining himself from granting any

privilege or precedence it might at any subsequent period be his

pleasure to bestow. The circumstances under which the provisions

of this Act were carried into operation were remarkable, and give

it much more the appearance of a decree of the King, or a

resolution of the Lords, than of an Act of the Three Estates. The

assent of the Commons seems to have been assumed as a matter of

course, and as soon as it had passed the Lords (which it did very

hastily), it was immediately put in force, 'Concerning the

passing it, it is observable, that on Monday, 1st May, the Lord

Chancellor quandam introduxit billam concernentem assignationem

locorum, &c., which was that day read twice; the next day it had

a third reading, and on Friday a fourth; on the morrow, the Lord

Cromwell is placed before the Archbishop of Canterbury, and the

others are placed according to the Act, being before placed

without regard to their offices, but it was not returned from the

House of Commons with their assent till the Monday following.'[6]

[4] Ibid.

[5] 4th Inst 361.

[6] Selden, Titles of Honour, p. 117.

The preamble of the Act is in the following terms:--

'For in as much as in all great councils, or congregations of

men, having sundry degrees and offices in the commonwealth, it is

very requisite and convenient that an order should be had and

taken for the sitting of such persons, that they knowing their

places may use the same without displeasure, or let of the

council, therefore the King's Most Royal Majesty, _tho' it

appertaineth unto his prerogative Royal, to give such honour,

reputation, and placing to his counsellors, and other his

subjects as shall be seeming to his most excellent wisdom_, is,

nevertheless, pleased and contented for an order to be had and

taken in this his Most High Court of Parliament, that it shall be

enacted by the authority of the same, in manner and form as

hereafter followeth:--'

Then come nine sections settling the places in which the Royal

Family, great officers of state, and others, are to sit in the

Parliament Chamber, and the tenth section enacts that, 'as well

in all Parliaments as in the Star Chamber, _and in all other

assemblies and conferences of council_, the Chancellor, Lord

President, Privy Seal (that is the Chancellor, President, and

Privy Seal, above all dukes, not being the king's sons, &c., and

the Great Chamberlain, Marshal, Lord Steward, Chamberlain, and

Chief Secretary, being a Baron above all others of the same

degree), shall sit and be placed in such order and fashion as is

above rehearsed, and not in other place by authority of this

present Act.'

There exists what may be deemed very fair evidence to show that

in those days the Royal prerogative _as to precedence_ was never

supposed to be abridged by this Act, but on the contrary that it

still continued to flourish in undiminished force. Only two

months afterwards Henry was divorced from Anne of Cleves, when,

as is well known, he bribed her into compliance with his wishes

by a liberal grant of money and of honours. By his letters patent

he declared her his adopted sister, and gave her _precedence_

before all the ladies in England, next his queen and daughters,

and therefore before his nieces[7] and their children, who were

directly in the succession to the crown.[8] On the 3rd November,

1547, Edward VI. granted to his uncle, the Duke of Somerset,

immediately after his victory in Scotland, letters patent of

precedence, in the following terms:--

[7] The Duchess of Suffolk, and the Countess of Cumberland,

daughter of Charles Brandon and Mary, Queen Dowager of

France.

[8] Burnet, Hist. Ref. vol. i. p. 565.

'As our most dear uncle Edward, Duke of Somerset, by the advice

of the Lords, we have named ... to be governor of our person and

protector of our realm ... during our minority, hath no such

place appropriated and appointed to him in our High Court of

Parliament, as is convenient and necessary, as well as in

proximity of blood unto us, being our uncle ... as well as for

the better maintaining and conducting of our affairs. We have,

therefore, as well by the consent of our said uncle, as by the

advice of other the Lords and the rest of the Privy Council,

willed, ordained, and appointed, that our said uncle shall sit

alone, and be placed at all times ... in our said Court of

Parliament, upon the bench or stole standing next our seat royal,

in our Parliament Chamber.... And further, that he do enjoy all

such other privileges, pre-eminences, &c. &c. _The statute

concerning the placing of the Lords in the Parliament Chamber and

other assemblies of council, made in the thirty-first year of our

most dear father, of famous memory, King Henry VIII.;

notwithstanding_.'[9]

[9] Rymer 15.--Collins' Peerage.

This instrument must, under the circumstances, be taken as the

act of Somerset himself; and it is inconceivable that he should

have had the audacity to attempt in his own behalf, that for

which the plenitude of Henry VIII.'s power had been deemed

insufficient, or to have perpetrated in the name of a minor king,

a direct and useless violation of a recent statute--more

especially when the same object might have been as easily

accomplished by the authority of Parliament, where the

Protector's popularity would have ensured a ready compliance with

his wishes. This view of the case receives confirmation from the

total absence of any allusion to this grant in the charges which

were soon afterwards urged against him--everything that malice

could devise was raked together for the purpose of swelling the

articles of impeachment; but neither when he was degraded from

the Protectorate, nor afterwards when he was deprived of life,

was any accusation brought against him, tending to show that

these letters patent were considered illegal or unconstitutional.

Nearly a century later, Lord Coke lays it down that no Act of

Parliament can bind the king from any prerogative which is

inseparable from his person, 'but that' (Mr. Hallam adds) 'was

before he had learned the bolder tone of his declining

years.'[10]

[10] Const. Hist. vol. iii. p. 84.

The order of Baronets was a new creation by James I., but his

decision of the controversy which arose touching a point of

precedency thereupon, shows the prevailing notions of the royal

prerogative.

'The King's most excellent Majesty, having taken into his royal

audience and censure a certain controversy, touching place and

precedence, between the younger sons of viscounts and barons, and

the baronets, being a degree by His Majesty recently created,

which controversy did arise out of some dark words contained in

the letters patent of the said baronets. His Majesty well

weighing that the letters patent of the Baronets have no special

clause or express words to give them the said precedence, and

being a witness unto himself, which is a testimony above all

exception, that his princely meaning was only to give and advance

the new dignity of His Majesty's creation, but never therewithal

tacitly and obscurely to injure a third party.'[11] ... And then

he goes on to give precedency to Knights of the Garter, Privy

Councillors, Judges, &c.; over the younger sons of Viscounts and

Barons, 'in all places, and upon all occasions, any constitution,

order, degree, office, service, place, employment, custom, use,

or other thing to the contrary notwithstanding.' From Henry VIII.

to James I. were the high and palmy days of prerogative, when the

authority of the Crown was something even more transcendental

than that of Parliament itself, and when it was no doubt held

that, while the Crown could dispense with the provisions of an

Act of Parliament, an Act of Parliament could never bind the

prerogative of the Crown; but when Lord Coke began to adopt his

'bolder tone' he laid down very different law, and he says

expressly, in speaking of the Act of Henry VIII., 'But Henry,

though standing as much upon his prerogative, as any of his

progenitors, finding how vexatious it was to himself, and

distasteful to his ancient nobility, to have new raised degrees,

raised to precedency of them, and finding that this kind of

controversy for precedency was of that nature, that it had many

partakers, spent long time, and hindered the arduous, urgent, and

weighty affairs of the Parliament, was content to bind and limit

his prerogative by Act of Parliament, concerning the precedency

of his great officers, and his nobility.'[12]

[11] Titles of Honour, p. 119.

[12] 4th Inst. 362.

Whatever may have been the constitutional notions of the

sixteenth or the seventeenth century, there can be no doubt that

the lawyers of the nineteenth would hold, according to Lord

Coke's latter dictum, that the prerogative of the Crown is

limited and restrained by the 31st Henry VIII., and it is only

worth while to ascertain what it previously was, in so far as

such an enquiry can assist in the solution of the present

question; for the same lawyers would probably be unanimous in

declaring that, except so far as it was expressly limited and

restrained by that statute, the prerogative still remains

undiminished and in all its pristine vigour--that Queen Victoria

possesses all the power which Henry VIII. enjoyed, saving that of

which he was specifically divested by this Act.

The Act 'for placing the Lords' restrains the Queen from granting

any precedence in Parliament _or in the Council_, over any of the

Royal and official personages and others, who have places

assigned to them therein. She may make any man a Privy

Councillor, but she cannot authorise him to sit in a higher place

than that to which he is by law entitled, or above those whose

places are marked out by the statute. If Prince Albert, for

example, was to be made a Privy Councillor, not being a peer, he

would, _of absolute right_, be entitled to no place but that of a

junior Privy Councillor, or to such as a Knight of the Garter

might claim; and all the persons specified in the Act would have

_an absolute right_ to take precedence of him _in Council_. And

it is worth while to consider in what a curious predicament he

might have been placed, if the Bill for his naturalisation had

passed with those amendments as to his precedence which are said

to have been contemplated by the Opposition Lords--that is,

supposing always the rule of precedence established by law to be

carried inflexibly into operation.

If the status of Prince Albert had been fixed immediately after

all the members of the Royal Family, and immediately before the

Archbishop of Canterbury, and if Her Majesty should be hereafter

pleased to make both Prince George of Cambridge and Prince Albert

members of her Most Honourable Privy Council, in what order of

precedence would these princes be obliged to take their

respective seats at the board? In order clearly to comprehend

this point, it is necessary to explain the ancient usage as to

Royal precedence, and the manner in which it has been affected by

the 31st Henry VIII. The Royal Family are to be considered in two

lights, according to the different senses in which the term

_Royal Family_ is used--the larger sense includes all who may

_possibly_ inherit the Crown; the confined sense, those within a

certain degree of propinquity _to the reigning Prince_, and to

whom the law pays an extraordinary respect; but, after that

degree is past, they fall into the rank of ordinary subjects. The

younger sons of the king, and other branches of the Royal Family,

not in the immediate line of succession, were only so far

regarded by the ancient law as to give them a certain degree of

precedence over peers and other officers, ecclesiastical and

temporal. This was done by the 31st of Henry VIII., which assigns

places in the Parliament Chamber and Council to the king's sons,

brothers, uncles, and nephews, &c.--'therefore, after these

degrees are past, peers, or others of the blood royal, are

entitled to no place or precedence, except what belongs to them

by their personal rank or dignity, which made Sir Edward Walker

complain that, by the creation of Prince Rupert to be Duke of

Cumberland, and of the Earl of Lennox to be duke of that name,

previous to the creation of James to be Duke of York, it might

happen that their grandsons would have precedence of the

grandsons of the Duke of York.'[13]

[13] Blackstone, vol. i. p. 226.

Prince George of Cambridge, then, being neither son, brother,

uncle, or nephew to the Queen, and having no personal dignity, is

not entitled to any precedence over the Archbishop of Canterbury,

or the great officers of state; the 31st Henry VIII. would place

him below them all; but the 3rd Victoria (supposing such an Act

to have passed) would have placed Prince Albert below Prince

George, but above the Archbishop, who is himself above Prince

George, thus giving to the Master of the Ceremonies the solution

of a somewhat difficult problem of precedence--namely, how to

place A above B, B above C, and C above A. This _reductio ad

absurdum_ at least proves that the amended Act would not only not

have settled the question of precedence satisfactorily, but would

not have settled it at all.

It may seem surprising or paradoxical to assert, and many may

with difficulty believe, that Prince George of Cambridge is

entitled to no precedence of his own, inseparable from his royal

birth, but such, nevertheless, is undoubtedly the fact. By law,

he can only take _royal_ rank as the son, brother, uncle, or

nephew, of the reigning sovereign, none of which he is, and he

derives none whatever from having been nephew of William IV. and

George IV., and grandson of George III. The princes of the Blood

Royal have, as to precedence, a moveable and not a fixed status,

constantly shifting, with their greater or less propinquity to

the actual sovereign; and in the event of Prince George's

succession to his father's dukedom, he would only be entitled to

a place _in Parliament and in the Council_, according to the

ancienty of his peerage.

The practice, however, does not wait upon the right, and is

regulated by the universal sense and feeling of the respect and

deference which is due to the Blood Royal of England. The

Archbishop of Canterbury does not take a legal opinion or pore

over the 31st of Henry VIII. to discover whether he has a right

to jostle for that precedence with the cousin, which he knows he

is bound to concede to the uncle, of the Queen; but he yields it

as a matter of course, and so uniform and unquestionable is the

custom, that in all probability neither the Prince nor the

Prelate are conscious that it is in the slightest degree at

variance with the right.

The obscurity which involves the question of precedence, and the

prevailing doubts as to the extent of the Royal prerogative,

proceed, in a great measure, from the intermixture of law and

custom, by which the practice is regulated and enforced. The

table of precedence, the authority of which is recognised for all

social and ceremonial purposes, rests upon statutory enactments,

ancient usages, and the king's letters patent; usage creeping in

to disarrange the order, and break the links of the chain forged

by the law; for, while the 31st of Henry VIII. places earls after

marquises, custom interposes and postpones the former to the

eldest sons of dukes (and so of Marquis's eldest sons and

viscounts), though these are only commoners in the eye of the

law. Now, as no custom (unless expressly saved) can prevail

against the force of a statute, this renders it still more clear,

that nothing was intended by the 31st Henry VIII. but 'the

placing the Lords' in Parliament,[14] and that the question of

general precedence (with all the prerogatives of the Crown

thereunto appertaining) was left untouched by it.[15] In point of

fact, the royal prerogative always has been, and still

continually is exercised, in violation of the order of the

established table; for when the King, by his Royal warrant, gives

to one of his subjects, having neither rank nor dignity, the

place and precedence of a duke's or an earl's son, the individual

thus elevated supersedes all those (below that rank) whose place

and precedence is determined either by law or custom.

[14] Lord Herbert, in his Life of Henry VIII, says, in

allusion to this statute, 'it was declared also how the

Lords in Parliament should be placed,' p. 218.

[15] Lord Coke clearly distinguishes between precedence in

Parliament and Council and general precedence:--Thus

far for avoiding contention about precedency in

Parliament, Star Chamber, and all other assemblies,

Council, &c. Now, they that desire to know the places

and precedency of the nobility and subjects of the

realm, as well men as women, and of their children

(which we have added the rather, for that the

contention about precedency between persons of that sex

is even fiery, furious, and sometimes fatal), we will

refer you to a record of great authority in the reign

of Henry VII., entitled.'--4th Inst. 363.

The result, then, appears to be that, in the olden time, the king

had unlimited power in matters of honour and precedence, and

could confer whatever dignity or pre-eminence he thought fit,

upon any of his subjects. That this power has been expressly

restrained, quoad the Parliament Chamber and the Council, but

exists unfettered in all other respects.

In Parliament (should Prince Albert be created a peer), he would

only be entitled to a seat at the bottom of the degree to which

he might belong, and he would be expressly prohibited from

sitting nearer to the throne. In the Privy Council likewise (if

made a Privy Councillor) he would be entitled to no especial

place, but everywhere else, at ceremonials of every description,

at royal marriages, christenings or funerals, at banquets,

processions, and courtly receptions, at installations and

investitures, at all religious, civil, or military celebrations,

upon all occasions, formal or social, public or private, the

Queen may grant to her husband an indisputable precedence and

pre-eminence over every other subject in the realm. It will

probably be less difficult to obtain a concurrence of opinion as

to the extent of the Queen's constitutional right in granting

precedence, than as to the manner in which it would be morally

fit, and just to others, that this right should be exercised.

The bill, as originally introduced in the House of Lords, was

undoubtedly liable to serious objections; but it is difficult to

discover any valid reason why the Prince, Consort to the Queen,

should not be invested for his own life with the highest personal

dignity which it is in the power of the Crown to confer.

It has been said, that to place Prince Albert before the princes

of the blood royal would be an invasion of the _birth right_ of

these illustrious persons. This seems to be the result of a

confused notion, that a privilege of precedence is identical with

a beneficial interest--it may be a man's birth right to succeed

in some contingency to the throne, or to a title or to an estate,

and it would be injurious, and therefore unjust, to thrust any

interloper between him and his chance, however remote it might

be, of such succession. But the same Act which limits the

prerogative of the Crown, confers on the Royal Dukes and Great

Officers of State the only right of precedence which they

possess, and while they can claim no more than was given to them,

the Crown is as surely entitled to all that was left to it by

that Act. No individual can insist upon an indefeasible right

never to be preceded, under any circumstances, by any other

individual not having a status defined by this Act, and as the

uncles of the Queen, and the hereditary Earl Marshal of England,

occupy their respective steps in the ladder of precedence, by the

self-same title, there would be no greater violation of

birthright in placing an individual without a status before the

Duke of Sussex, than there would in placing him before the Duke

of Norfolk; if there be any injustice at all, the difference

would not be in the principle, but in its local or personal

application.

The question, then, is one of expediency, and of propriety, to be

determined with reference to its own special circumstances, and

according to the analogies which can be brought to bear upon it;

there is not only no case exactly in point to refer to, but there

is none sufficiently analogous to be taken as a precedent. When

Queen Anne came to the throne, Prince George of Denmark was the

only prince in England (all his children being dead), and no new

Act was necessary to give him precedence, if the Queen had

desired it, inasmuch as there was nobody for him to precede. The

condition of a Queen Consort is certainly very different from

that of a Prince Consort; but upon the broad principle of moral

fitness, there seems no reason why the husband of the Queen

regnant should not be invested, by virtue of his _consortium_,

with the highest dignity, over other men, just as the wife of the

king is participant by virtue of her marriage of divers

prerogatives over other women. For the prerogatives with which

the law invests her are allotted to her not upon her own account,

but upon that of the king; she is considered as a _feme sole_,

and has certain capacities and rights, 'in order that the king

whose continual care and study is for the public, should not be

troubled and disquieted on account of his wife's domestic

affairs.' And the law, which out of respect to the king makes it

high treason to compass or imagine the death of his wife, when

she becomes a widow ceases to surround her with this protection.

It is the king alone, his dignity and his comfort, which the law

regards, and the privileges and pre-eminences of his family are

conferred or established in such modes and proportions as may be

most conducive thereto.

The principle on which precedence is established is that of

propinquity to the sovereign, and no propinquity can be so close

as that of the husband to the wife, nor does it seem unreasonable

that all other subjects should be required to yield the outward

forms of honour and respect to the man who is elevated to a

station so far above them, whom she is herself bound to 'love,

honour, serve, and obey,' and who is superior to her in their

natural, while still subordinate in their civil and political

relations. Many people who are not unwilling to concede a high

degree of precedence to the Prince, are very sensitive about the

dignity of the heir apparent, and while they are content that he

should precede his other children, would on no account allow him

to be superior in rank to a Prince of Wales. The difficulty in

these cases is to establish a principle; but that difficulty is

rendered much greater if, when the principle is once admitted, it

is not taken with all its legitimate and necessary consequences.

If the Prince is entitled to claim precedency over any of the

blood-royal of England, above all others, he may claim it upon

every moral ground over his own children, nor is there any civil

or political consideration in reference to the heir apparent,

requiring that an exception should be made in his behalf. There

seem to exist confused notions of something very extraordinary

and transcendant in the status of a Prince of Wales, but the

difference between him and his younger brother is not very great;

and the only positive privilege with which the law certainly and

exclusively invests the heir apparent, is that of making it high

treason to attempt his life.[16]

[16] It is also treason to kill certain judicial officers

when in actual execution of their offices.--Hale, P. C.

13.

The heir apparent is Prince of Wales, and Duke of Cornwall, but

he is not necessarily either the one or the other, and except on

a certain condition he cannot be the latter.[17] For as the king

_creates_ his elder son, or heir apparent, Prince of Wales, he

has the power of withholding such creation, and though the eldest

son of the king is Duke of Cornwall by inheritance, the dukedom

is limited to the first begotten son of the king.[18]

[17] Two months elapsed between the death of Frederick

Prince of Wales, and the creation of his son, George

III., Prince of Wales.

[18] If, for example, George IV. had died in his youth, his

next brother might have been heir apparent, with no

other title than that of Bishop of Osnaburgh. Henry

VIII. after the death of Prince Arthur, and Charles I.

after that of Prince Henry, were Dukes of Cornwall, but

by special new creation.--H., P.C. 13.

The Prince of Wales has no right or privilege beyond those of any

other subject; he owes the same faith and allegiance to the

sovereign; and since 1789 none have ever ventured to assert that

he could claim the regency rather than any other subject. His

political condition, therefore, is little if at all different

from that of the rest of the Royal Family. His personal

propinquity to the sovereign must be less than that of his

father, and the question is, whether there is anything so

peculiar in his status as to supersede those natural relations of

father and son, which, according to all human custom, as well as

divine injunction, involve the duty of honour from the latter to

the former.

The son's enfranchisement from parental rule when he arrives at

years of discretion does not exempt him from the honour he is

bound by the law of God and nature to pay to his parents.[19] The

son is under a perpetual obligation to honour his father by all

outward expressions, and from this obligation no state can

absolve him. 'The honour due to parents' (says Locke) 'a monarch

on his throne owes his mother, and yet this lessens not his

authority, nor subjects him to her government.'[20] The

monarchical theory ascribes to the King of England two bodies or

capacities, a natural body, and a politic or mystical body, and

'from this mystical union of the ideal with the real king, the

enquirer after constitutional information is led through childish

reasoning and unintelligible jargon, to practical consequences

founded on expediency.'[21] These practical consequences are the

complete subordination of the natural to the politic capacity of

the sovereign, and that moral revolution which supersedes the

duty of the son to the father by the superior duty of the subject

to the sovereign. Nothing less transcendental seems sufficient to

cancel the force of this natural obligation, and while father and

son are both in the condition of subjects, the filial and

parental relations need not be outwardly reversed.

[19] Locke, vol. iv. p. 347.

[20] Ibid. vol. iv. p. 376.

[21] Allen on the Royal Prerogative, p. 29.

If the Queen, therefore, should be advised to grant to her Royal

Consort letters patent of precedence immediately next to her own

person, and at the same time make him a Privy Councillor, there

would be no practical difficulty with regard to his place at the

Council Board, notwithstanding the legal exception; there custom

has in a great measure superseded law. The occasions are very

rare when any of the Royal Dukes are present; and upon all

others, the Prince would sit upon the right hand of Her Majesty,

and precedence would be conceded to him as a matter of course.

The Council Board is no longer what it was in the days of Henry

VIII., at which time the King sat there regularly in person. The

greater part of the Privy Councillors were in constant attendance

upon him.[22] They resided in the Court, and accompanied him

wherever he went; much (though far from all) of the most

important business of the State was transacted there, and the

order of sitting, when the members had to deliver their opinions

seriatim, beginning with the lowest, was not unimportant.

Councils are now merely formal assemblies, for the expedition of

certain orders, which must emanate from the sovereign in person.

[22] Sir H. Nicholas' Preface to Council Register, vol. i.

p. 13.

When any of the Royal Dukes are present, they sit next the Queen

on her right hand, the Lord President always next her on her

left. And, although the Lord President and the Chancellor (when

present) sit on either side of the Queen, all the other officers

are indiscriminately placed. It would not probably be deemed

advisable to go back to the end of the seventeenth century for a

precedent, or it would be found that Prince George of Denmark sat

in council, without taking any oaths; not, therefore, as a Privy

Councillor, but _pro honoris causâ_. He always, however, occupied

the place of honour, and his attendance was very regular, though

there is no record of his having ever taken the oaths; and, at

the accession of King William, when all the other Privy

Councillors were sworn, it is expressly stated that Prince George

was not.[23]

[23] He was first brought into Council by James II. in

person, and placed on his right hand, but not sworn.

It is much to be regretted that such heat and irritation have

been manifested in the discussion of this question, and certainly

between the proceedings in both Houses of Parliament. Prince

Albert may well have thought his reception neither cordial nor

flattering; but the truth is, that any mortification which either

the Prince or the Queen may have felt (and in her it is only

natural, whether just or not) is at least as attributable to the

really objectionable nature of the propositions which were made,

as to the opposition which they encountered.

Nothing herein is more to be deplored than that any mistaken zeal

should misrepresent the conduct, or any hasty impression

misconstrue the motives, of the Duke of Wellington. His whole

life has been a continual manifestation of loyalty and of

superiority to petty purposes, and unworthy inducements; but his

notions of loyalty are of a nature which mere courtiers are

unable to comprehend, because he always considers the honour and

the interests of the Crown, in preference to the personal

inclination of the sovereign.

Of all men who ever lived he has sought the least the popularity

he has so largely acquired--the tide of which, sometimes diverted

by transient causes, has always returned with accumulated force.

With him it is no 'echo of folly, and shadow of renown,' but a

deep, affecting, almost sublime national feeling, which exults in

him as the living representative of national glory. If there be

an exception in any place to this universal sentiment, let us

hope that the impression will not endure, that the cloud of

momentary error will be dispersed, and that justice, ample and

not tardy, will be rendered to

'The noblest man

That ever lived in the tide of time.'

END OF THE FIRST VOLUME.

INDEX.

Abbotsford, visit to, iii. 291

Aberdeen, Rt. Hon. Earl of, Foreign Secretary in Sir R. Peel's

Administration, ii. 37; and the Spanish quarrels, 73, 74; at

the Château d'Eu, 200; communications of, with the 'Times,'

200; Scotch Church Patronage Bill, 206; handsome behaviour of,

to Lord Palmerston, 406; communications of, with the 'Times' on

the Corn Laws, 311; reluctance of, to distrust M. Guizot, iii.

53; negotiations with, on the formation of a Government (1851),

383

Acland, Sir Thomas, motion of, i. 92

Adair, Sir Robert, anecdotes, iii. 212

Adelaide, Queen, at Exeter Hall, ii. 97

Afghanistan, expedition to, i. 241; events in (1842), ii. 85, 89;

withdrawal from, 99, 101; recapture of Ghuznee and Cabul and

release of the prisoners, 123, 125; indignation in England, 136

Aix-la-Chapelle, visit to, ii. 167

'Alarm,' accident to, at the Derby, ii. 284; wins at Newmarket,

302; wins the Emperor's Cup, 396

Alava, General, i. 241; conversation with, 241, 242

Albert, H.R.H. Prince, betrothal of, to the Queen announced,

i. 247; proposed allowance for, 258; naturalisation of, 259;

precedence of, 259, 263; refused, 265; Mr. Greville's pamphlet

on the Precedence Question, 266, 269; _see_ Appendix, vol. i.;

marriage of, 266, 269, 272; precedence conceded by the Duke of

Cambridge, 270; name inserted in the Liturgy, 272; gazetted,

273; introduction of, 305; at Oxford, ii. 13; declines an

invitation to the Waterloo Dinner, 15; and the King of Hanover,

192; hunting at Belvoir, 216; conversation with the Duke of

Bedford, 264; elected Chancellor of the University of

Cambridge, iii. 65; installed, 97; at Balmoral, 296; on Lord

Palmerston's conduct of foreign affairs, 317

Aldborough, Lady, at Baden Baden, ii. 183

Alexander, Grand Duke (afterwards Emperor Alexander II. of

Russia), departure of, i. 215; munificence of, 215

Allen, Mr. John, i. 38; death of, ii. 153; account of, 154

Alliance meeting at Hertford, ii. 415

Althorp, library at, ii. 275

Alvanley, Lord, death of, iii. 304; character of, 305

America, case of McLeod, i. 383; boundary question settled,

ii. 101; discovery of a missing map, 102

Ampthill, visit to, i. 250

Anglesey, Marquis of, the, speech of, at the Waterloo Dinner,

i. 102-104; wounded at Waterloo, 135; visit to, in North Wales,

ii. 16-17; reception of, at Carnarvon, 18

The Greville Memoirs, Part 2 (of 3), Volume 1 (of 3) A Journal of the Reign of Queen Victoria from 1837 to 1852 · 第 10 / 11 章