June 27th, 1835
I am again tormented to death with the Committee on West India places, and menaced with a report that will be fatal to my case.[8] Graham has been very obliging about it, and attended the Committee on Thursday to see what they were about and give me notice. I went to Lord Melbourne yesterday and stated my case to him, invoking his protection, and he appeared extremely well disposed to do what he could for me. I told him I did not wish him to pledge himself till he had seen the case and considered it, such as I had laid it before the Committee; and then, if he is satisfied that I stand upon tenable grounds, I will ask him to exert his influence and authority in my behalf. However, I much doubt whether, strive and struggle as I may, I shall ever escape from the determination of this morose and rigid millionaire [Francis Baring, who was not, however, a millionaire or anything like it, either in præsenti or in futuro] to strip me of my property; and I have made up my mind to its loss, though resolved to fight while I have a leg to fight upon.
[8] [Mr. Greville held the sinecure office of Secretary of the Island of Jamaica, which was threatened at this time by a Committee of the House of Commons. He succeeded, however, in retaining it, until he voluntarily resigned the appointment many years afterwards. His salary as Clerk of the Council was diminished by 500ℓ. a year as long as he held the two offices.]
LORD BROUGHAM AND THE PRIVY COUNCIL. Yesterday we were again occupied all day with Swift and Kelly, which to-day will be brought to a close. The conduct of Brougham on this trial exceeds all imagination and belief. From the beginning he has taken a one-sided view of the case, and apparently set out with a bias which has continually increased, till he has become altogether identified, and in a manner passionately identified, with the appellant’s side; and he exhibits this bias by one continual course of advocacy, battling every argument and every point with the respondent’s counsel with a virulence and an intemperance that are so disgusting that my blood boils while I listen to him. But his conduct in all other respects displays the most extraordinary contrast with that of the other judges who sit there; they, at least, listen attentively and consecutively to the whole case, and when they do interrupt it is for the purpose of obtaining explanations and elucidations, and without the exhibition of any bias. But he is writing letters, reading newspapers, cutting jokes, attending only by fits and starts; then, when something smites his ear, out he breaks, and with a mixture of sarcasm and ribaldry and insolence he argues and battles the point, whatever it may be.
Afternoon.—I am just come from the court. Lushington finished his speech at two, and when Pemberton was about to reply Brougham announced that he must go away to the London University, where he was to distribute prizes. The consequence was that the reply was deferred till next Wednesday, and the parties will be put to the expense of 60ℓ. more. His conduct to-day was exactly of a piece with that which he has exhibited throughout the trial. With all the ingenuity and astuteness of which he is master he has attacked every part of the respondent’s case; and, to do him justice, he has often displayed great acuteness and expressed himself with admirable force and precision; but it was the conduct of an advocate and not of a judge, and a much better advocate has he been for Swift than either of those he retained. (Pemberton, however, conducted the case with consummate skill and judgment.) He finished by declaring that as far as he was concerned he should not desiderate a reply, except on one or two points on which he wished to hear it. After the court broke up Baron Parke came into my room and asked my opinion, at the same time telling me his own, which was as decidedly against the girl as Brougham’s. I argued the case with him, especially the points which Lushington failed to enforce as strongly as I think he might have done, but his mind was made up. Shadwell, on the contrary, leans the other way, and agreed with me in my view of it. It is, however, very clear that nothing can prevent the reversal of Sir John Nicholl’s judgment; for Erskine will very likely go with Brougham and Parke, and if he does not Lord Lansdowne undoubtedly will; but if I were to attend this court a hundred years I should never forget the conduct of Brougham on this trial. My disgust would not have been a jot less had he espoused the same side that I do; and if I were myself engaged in a suit, and he were to take up my own cause in such a barefaced and outrageous manner, with such an utter contempt of dignity and decency, I should feel the utmost shame at such partiality, though exerted in my behalf.
June 30th, 1835
I went to Melbourne on Sunday and carried him my case.[9] He told me he had already desired Spring Rice to speak to Baring on the subject, and I believe he will do what he can; but these great people, however well disposed, can seldom be urged into sufficient resolution and activity to take an energetic way of settling the matter, and they have always so much consideration for each other that Melbourne will probably, with all his good-nature, feel a sort of delicacy to his subordinate colleague in rescuing me from his clutches. Yesterday I went to the Duke of Wellington and gave him my case to read, requesting him to exert his influence with his Tories, and get them to attend the Committee and defend me there. He read it, approved, and promised to speak to both Peel and Herries. I had previously desired George Dawson to speak to Peel. I might certainly, after the very essential services I rendered Peel and his Government, go with some confidence to Peel or any THE POPE AND THE BRITISH GOVERNMENT. of them and ask for their aid in my difficulty; but it is not wise to remind men of an obligation; if they do not feel it without being reminded they will not be made to do so by any hint, and an accusation of ingratitude will be implied, which will only excite their resentment; if they are sensible of the obligation they will return it without any reminder.
[9] [Relating to the Secretaryship of Jamaica.]
After I had said what I had to say to Melbourne he asked me what was thought of the Tithe Bill. I told him it was thought a very outrageous measure by the Tories, but that I thought it useless and that it did not go far enough. ‘I know you do,’ he said, ‘but such as it is it will very likely overturn the Government.’ He then talked over the Irish question, and owned that nothing could settle it, that they might perhaps bolster up the Irish Church a little longer than the other party could, that they, however, could not do more than this now, and it was only doubtful if they could do this. He talked the language of reason, and with a just sense of the insuperable difficulties which present themselves on all sides with respect to this question, but at the same time of their eventual (though as to time uncertain) solution. I told him that I had long been of opinion that the only practicable and sound course was to open a negotiation with Rome, and to endeavour to deal with the Catholics in Ireland and the ministers of the Catholic religion upon the same plan which had been mutatis mutandis adopted universally in Germany and almost all over the Continent, and that there was nothing the Church of Rome desired so much as to cultivate a good understanding with us. He then told me a thing that surprised me, and which seemed to be at variance with this supposition—that an application had been made to the Pope very lately (through Seymour) expressive of the particular wish of the British Government, that he would not appoint M‘Hale to the vacant Catholic bishoprick, anybody but him, notwithstanding which the Pope had appointed M‘Hale; but on this occasion the Pope made a shrewd observation. His Holiness said that ‘he had remarked for a long time past that no piece of preferment of any value ever fell vacant in Ireland that he did not get an application from the British Government asking for the appointment.’ Lord Melbourne supposed he was determined to show that he had the power of refusing and of opposing the wishes of Government, and in reply to my question he admitted that the Pope had generally conferred the appointment according to the wishes of Government. Can anything be more absurd or anomalous than such relations as these? The law prohibits any intercourse with Rome, and the Government whose business it is to enforce the law has established a regular but underhand intercourse, through the medium of a diplomatic agent, whose character cannot be avowed, and the Ministers of this Protestant kingdom are continually soliciting the Pope to confer appointments, the validity, even the existence, of which they do not recognise, while the Pope, who is the object of our orthodox abhorrence and dread, good-humouredly complies with all or nearly all their requests. These are the national and legislative follies of this wise and prosperous people, and such is the false position into which we are drawn by a long course of detestable policy—policy arising at first out of circumstances, and eventually adhered to from those powerful prejudices which struck their roots so deep into the soil that the force of reason and philosophy has not yet been sufficient to tear them up. Peel, in one of his speeches on Catholic emancipation, bade the House of Commons not to deceive itself, and to be aware that if that Bill was carried, we must have Episcopal (or Protestant) England, Presbyterian Scotland, and Catholic Ireland. He prophesied well and truly no doubt, and to that consummation affairs will eventually come, as they ought to come, though not without many a struggle, through many a year. The prophecy of Peel is advancing to its accomplishment, but he has either forgotten it or finds it convenient to forget it.
Yesterday the Duke of Wellington talked about the Spanish war, the nature of which he described very well, and expressed his opinion that on the whole the Christinos have the best chance; he said Zumalacarreguy was an able man, and that his death must have a very important influence on the THE DUKE OF WELLINGTON ON SIR W. NAPIER. result. We talked of Napier’s controversy with Perceval.[10] He said Napier had not fairly treated Perceval’s character in the controversy, said he had never read a syllable of the book, in order to keep clear of discussions, but that when the work was completed, and all controversies were silenced, he might probably look it over, and if he discovered any errors tell the author of them. He said that no doubt the army had been greatly in want of money, but that this was not the fault of the Government. It was a great mistake to suppose that any advantage had been derived (as to obtaining funds) from the bank restriction; certainly the raising of loans was facilitated by it, but the war would have been much less expensive without it, and he had always been of opinion that the immediate cause of the bank restriction was the Loyalty Loan. This loan had drained the bankers and individuals of ready money, and the consequence was a stagnation in commerce, and therefore in circulation, which rendered the bank restriction necessary. He then talked of the Walcheren expedition, and said that though it was wretchedly conducted and altogether mismanaged, it was not ill-planned, and if they had gone straight to Antwerp it might have rendered very great service to the general cause, and have put Bonaparte in great difficulties. I had always fancied that he had disapproved of that expedition.