Lord Tenterden died on Sunday night, and no time was lost in appointing Denman as his successor. Coming as he does after four of the greatest lawyers who ever sat upon the Bench, this choice will not escape severe censure; for the reputation of Denman as a lawyer is not high, and he has been one of the most inefficient Attorneys-General who ever filled the office. It has been a constant matter of complaint on the part of the Government and their friends that the law officers of the Crown gave them no assistance, but, on the contrary, got them into scrapes. Denman is an honourable man, and has been a consistent politician; latterly, of course, a Radical of considerable vehemence, if not of violence. The other men who were mentioned as successors to Tenterden were Lyndhurst, Scarlett, and James Parke. The latter is the best of the puisne judges, and might have been selected if all political considerations and political connexions had been disregarded. Lyndhurst will be overwhelmed with anguish and disappointment at finding himself for ever excluded from the great object of his ambition, and in which his professional claims are so immeasurably superior to those of his successful competitor; nor has he lost it by any sacrifice of interest to honour, but merely from the unfortunate issue of his political speculations. When he was made Chief Baron a regular compact was made, a secret article, that he should succeed on Tenterden’s death to the Chief Justiceship; which bargain was of course cancelled by his declaration of war on the Reform question and his consequent breach with Lord Grey; though by far the fittest man, he was now out of the question. It will be the more grating as he has just evinced his high capabilities by pronouncing in the Court of Exchequer one of the ablest judgments (in Small v. Attwood) that were ever delivered. [It was afterwards reversed by the House of Lords.] Scarlett, who had been a Whig for forty years, and who has long occupied the first place in the Court of King’s Bench, would have been the man if his political dissociation from his old connexions, and his recent hostility to them, had not also cancelled his claims; so that every rival being set aside from one cause or another, Denman, by one of the most extraordinary pieces DENMAN LORD CHIEF JUSTICE. of good fortune that ever happened to man, finds himself elevated to this great office, the highest object of a lawyer’s ambition, and, in my opinion, one of the most enviable stations an Englishman can attain. It is said that as a Common Serjeant he displayed the qualities of a good judge, and his friends confidently assert that he will make a very good Chief Justice; but his legal qualifications are admitted to be very inferior to those of his predecessors. [He made a very bad one, but was personally popular and generally respected for his high, and honourable moral character.]
Tenterden was a remarkable man, and his elevation did great credit to the judgment which selected him, and which probably was Eldon’s. He had never led a cause, but he was a profound lawyer, and appears to have had a mind fraught with the spirit and genius of the law, and not narrowed and trammelled by its subtleties and technicalities. In spite of his low birth, want of oratorical power, and of personal dignity, he was greatly revered and dreaded on the Bench. He was an austere, but not an ill-humoured judge; his manners were remarkably plain and unpolished, though not vulgar. He was an elegant scholar, and cultivated classical literature to the last. Brougham, whose congenial tastes delighted in his classical attainments, used to bandy Latin and Greek with him from the Bar to the Bench; and he has more than once told me of his sending Tenterden Greek verses of John Williams’, of which the next day Tenterden gave him a translation in Latin verse. He is supposed to have died very rich. Denman was taken into the King’s closet before the Council, when he was sworn in; the King took no particular notice of him, and the appointment is not, probably, very palatable to his Majesty.
November 15th, 1832
Sheriff business at the Exchequer Court on Monday; saw Lyndhurst and Denman meet and shake hands with much politeness and grimace.
November 20th, 1832
Dined at Holland House the day before yesterday; Lady Holland is unwell, fancies she must dine at five o’clock, and exerts her power over society by making everybody go out there at that hour, though nothing can be more inconvenient than thus shortening the day, and nothing more tiresome than such lengthening of the evening. Rogers and Luttrell were staying there. The tableau of the house is this:—Before dinner, Lady Holland affecting illness and almost dissolution, but with a very respectable appetite, and after dinner in high force and vigour; Lord Holland, with his chalkstones and unable to walk, lying on his couch in very good spirits and talking away; Luttrell and Rogers walking about, ever and anon looking despairingly at the clock and making short excursions from the drawing-room; Allen surly and disputatious, poring over the newspapers, and replying in monosyllables (generally negative) to whatever is said to him. The grand topic of interest, far exceeding the Belgian or Portuguese questions, was the illness of Lady Holland’s page, who has got a tumour in his thigh. This ‘little creature,’ as Lady Holland calls a great hulking fellow of about twenty, is called ‘Edgar,’ his real name being Tom or Jack, which he changed on being elevated to his present dignity, as the Popes do when they are elected to the tiara. More rout is made about him than other people are permitted to make about their children, and the inmates of Holland House are invited and compelled to go and sit with and amuse him. Such is the social despotism of this strange house, which presents an odd mixture of luxury and constraint, of enjoyment physical and intellectual, with an alloy of small désagréments. Talleyrand generally comes at ten or eleven o’clock, and stays as long as they will let him. Though everybody who goes there finds something to abuse or to ridicule in the mistress of the house, or its ways, all continue to go; all like it more or less; and whenever, by the death of either, it shall come to an end, a vacuum will be made in society which nothing will supply. It is the house of all Europe; the world will suffer by the loss; and it may with truth be said that it will ‘eclipse the gaiety of nations.’
November 27th, 1832
At Roehampton from Saturday till Monday. The Chancellor had been there a few days before, from whom Lord Dover had picked up the gossip of the Government. THE SPEAKERSHIP. There had been a fresh breeze with Durham, who it seems has returned from Russia more odious than ever. His violence and insolence, as usual, were vented on Lord Grey, and the rest of the Cabinet, as heretofore, are obliged to submit. I have since heard from the Duke of Richmond that the cause of this last storm was something relating to Church Reform, and that he had been forced to knock under. I fancy he wanted to go much further than the others, probably to unfrock the Bishop of Durham and Bishop Phillpotts, the former because he is a greater man in the county than himself, and the latter from old and inextinguishable hatred and animosity.
There has been another dispute about the Speakership. All the Cabinet except Althorp want to put Abercromby in the chair, and Althorp insists on having Littleton. The former is in all respects the best choice, and the man whom they ought, from his long connexion with the Whigs and his consistency and respectability, to propose, but Althorp thought fit to commit himself in some way to Littleton, who has no claims to be compared with those of Abercromby (having been half his life in opposition to the present Government), and he obstinately insists upon the expectations held out to him being realised. Lord Grey, though very anxious for Abercromby, thinks it necessary to defer to the leader of the House of Commons, and the consequence is a very disagreeable dispute on the subject. Abercromby is greatly mortified at being postponed to Littleton, and not the less as Althorp has always been his friend. The language of Dover, who is a sort of jackal to Brougham, clearly indicates the desire of that worthy to get rid of Lord Grey and put himself in his place. All these little squabbles elicit some disparaging remarks on Lord Grey’s weakness, folly, or cupidity. Hæret lateri—the offer of the Attorney-Generalship, and the day of vengeance is intended to come.[1]
[1] [This refers to Lord Grey’s having offered the Attorney-Generalship to Brougham when Government was formed.]