January 22nd, 1840
Dined at Lady Blessington’s the day before yesterday: a queer omnium gatherum party—Prince Louis Napoleon, General Montholon, Lord Lyndhurst, Brougham, Sir Robert Wilson, Leader, and Roebuck. Droll to see Lyndhurst, the most execrated of the Tories, hand-and-glove, and cracking his jokes, with the two Radicals. After dinner I had a talk with him. He said the Duke had been all against the motion on the 28th, but that unless they had agreed to it, the party would have been broken up; said he did not care about coming in. If they did, a dissolution would give them a majority of sixty, but that this would not enable them to stand against the Queen’s hostility and determination to trip up their heels whenever she could;[17] that the Opposition would become more Radical, the Queen herself Radical; they should be driven out, and the country ruined. He thought the Duke strong in body and clear in mind, but more excitable. I said I thought that to those who knew him a change was perceptible; that it was impossible to cite any particular thing in proof of it; but that conversation with him left such an impression. Lyndhurst replied that this was exactly his own opinion, but that the Duke’s authority with the party was undiminished, and indispensably necessary to keep them together. The Tories are very angry with Peel for taking such a strong part as he has done on the Privilege question, which nothing but his influence prevents their turning into a regular party debate. The House has gone floundering on upon it, wasting a great deal of time and ingenious speaking, and having got into a difficulty from which there is no convenient extrication.
[17] [A very erroneous prediction. They did come in in the following year, and the Queen gave her entire confidence and support to Sir Robert Peel’s Government.]
The Judges are much censured for their behaviour at Newport:[18] first, for not themselves deciding the point that was raised; next, for not asking the jury for the reasons of their recommending the criminals to mercy; and the Chief Justice’s charge to the jury was thought a very weak and poor performance.
[18] [This relates to the trial of Frost and others by a Special Commission at Newport for the riots of the preceding year.]
Yesterday morning[19] the Duke of Bedford came to me, to THE PRIVILEGE QUESTION. beg I would suggest some Lord for the situation of Chief of Prince Albert’s establishment, for they can get none who is eligible. They want a Peer, a Whig, and a man of good sense, character and education, something rather better than common, and such an one willing to put on Court trappings they find not easily to be had. We made out a list, to be shown to Melbourne, who had consulted the Duke of Bedford, and asked him for a man. We talked over the bitter hostility between the Queen and the Tories, and he said, that Melbourne did everything he could to mitigate her feelings, and to make her understand that she must not involve the whole party in the reproach which justly attaches to a few foolish or mischievous zealots, so much so that lately when the Queen was inveighing against the Tories to somebody (he would not say to whom), and complaining of their behaviour to her, she added, ‘It is very odd, but I cannot get Lord Melbourne to see it in that light.’
[19] John, sixth Duke of Bedford, had died on the 20th October, 1839, and my friend Tavistock had become Duke of Bedford.
January 24th, 1840
The Privilege question[20] occupies everybody’s thoughts, and there is much interest and curiosity to see the sequel of it. The state of the House of Commons upon it is curious: all the Whigs for Privilege, and the chiefs of the Tories with them; with some of the lawyers (except Sugden) the same way; but Follett, who at first was heartily with Peel, has latterly taken no part, though he has voted with the majority. On the other side are the great bulk of the Tories and all the second-rate lawyers—the only eminent ones that way being Sugden, Pemberton, and Kelly. The debates have elicited some admirable speeches on both sides, of which Peel’s three nights ago, when he explained the law better than the lawyers could, has been the most remarkable. The Tories are very angry with him for taking it up so warmly, and they will not be the more pleased at the complimentary speech of John Russell, in which he told him that nothing but his taking the course he had done had enabled the House to assert its privilege at all, as it could not have been made a mere party question. The Government are getting into better spirits about their prospects, and so many of the Tories acknowledge that there would be danger and difficulty in changes just now, that there will probably be none. Mr. Walter was beaten hollow in Southwark in spite of an Anti-Poor Law cry, by the help of which his friends were very sanguine about his success.
[20] [The Privilege question arose out of a prosecution of Messrs. Hansard by one Stockdale, for the publication of a libel on himself in the Parliamentary Debates. Hansard pleaded the authority of Parliament, but the Court of Queen’s Bench rejected the plea and gave judgement against Hansard. The House of Commons, on the motion of Lord John Russell, who was supported by Sir R. Peel, defended their printers, and committed the Sheriffs of London for levying damages on Hansard. Peel afterwards acknowledged that he had been misled by the advice of Sir F. Pollock and had gone too far; in fact, it appears from the text that the weight of legal authority was against him. The dispute was settled at last by legislation. See infra, February 21st, 1840.]