January 26th, 1840
The Government are triumphant at all their elections, and raised to the skies by their success, which they construe into an indication of reaction in their favour. It is certainly a great thing for them, for it produces a good moral effect, besides the influence it will have on the division next week, and it tends to show that if a dissolution were to take place, the Conservatives would not be in so much better, nor the Whigs in so much worse a position, as the former have been for some time boasting of, and the latter apprehending. Everybody (except those who have an interest in defending it) thinks the allowance proposed for Prince Albert very exorbitant: 50,000ℓ. a year given for pocket money is quite monstrous, and it would have been prudent to propose a more moderate grant for the sake of his popularity. Prince George of Denmark had 50,000ℓ. a year (as it is said), but the Queen gave it him, and he had a household four times more numerous than is intended for Prince Albert.
January 29th, 1840
On Monday night Government were beaten by 104 on the question of reducing the Prince’s allowance from 50,000ℓ. to 30,000ℓ. a year. They knew they should be beaten, but nevertheless John Russell would go doggedly on and encounter this mortifying defeat, instead of giving way with the best grace he could. He lost his temper, and flung dirt at Peel, like a sulky boy flinging rotten eggs; in NATURALISATION OF PRINCE ALBERT. short, exposed himself sadly. His friends were much annoyed that he did not give way, as soon as he found that there was no chance of carrying it, and that many Government supporters would vote against it; besides the mortification to the Prince, there was something mean and sordid in squabbling for all the money they could get, and the sum given him is satis superque for all his wants.
In the Lords, they introduced the Naturalisation Bill in such a slovenly and objectionable form, that the Duke desired it might be put off, which (although he pledged and committed himself in no manner) they immediately construed into a resolution to oppose the Precedence part of it. The Queen is bent upon giving him precedence of the whole Royal Family. The Dukes of Sussex and Cambridge, who each want some additions to their incomes, have signified their consent; the King of Hanover (whom it does not immediately concern) has refused his. On this they brought in their Bill. Her Majesty was, however, more provoked at what passed in the House of Lords, than at the defeat in the Commons.
I asked Charles Gore why John Russell did not avail himself of the momentary connexion he had with Peel on the Privilege question, to ask him what his views were about the allowance, and tell him that it was so desirable to avoid any division on such a question that he wished to propose nothing that was likely to be objected to. Gore said that upon a former occasion, when Lord John had spoken in such a spirit to Peel, he had been met by him in such an ungracious manner that it was impossible for him ever to do so again. This was about the Speakership, when he wrote a private note to Peel, beginning ‘My dear Sir,’ and asking him to tell him what the intentions of his party were about opposing the Government Speaker, because he was anxious if possible not to bring people up to town without necessity; to which he replied in the coldest and driest terms, ‘Sir Robert Peel presents his compliments to Lord John Russell,’ expressing his surprise at his letter, saying he had no right to call upon him for any explanation of his intentions, and refusing to give any information whatever. I do not think John Russell had any right to make such a communication to him, and it was, I fancy, very unusual, but Peel might as well have answered it good-humouredly.
The judges have given their decision upon the two points raised for the Newport prisoners,[21] and their fate now rests with the Government. They decided, by a majority of nine to six, that the objection was valid, and by nine to six that it was not taken in time. Upon such accidents do the lives of men depend. It is well known that the law can have no certainty, because so much must always be left to the discretion of those who administer it; but such striking illustrations of its uncertainty, and of the extent to which the chapter of accidents is concerned in it, seldom occur, and make one shudder when they do.[22] No doubt, however, is cast over the guilt of the men, and the Government may very properly leave them to their fate, if they are not afraid of shocking public opinion by doing so. The world at large does not distinguish accurately or reason justly, swallows facts in gross, and jumps to conclusions. Many will say it is hard to put men to death when the judges are nearly equally divided on their case, the majority admitting that the law would save them if it had been urged soon enough in their favour. It rather seems to turn the tables on the prosecution; and whereas the prisoners are availing themselves of a mere quibble, of a technical objection, strained to its extremest point, the effect may be that of exhibiting the Government as availing itself of the technicality in point of time to overthrow the more important legal objection. The case appears to have been very ably argued, especially by Kelly.
[21] [The ringleaders in the Newport riots were convicted and might have been hanged; but two technical objections to the sentence having been taken, though not allowed by the judges, the Government remitted the capital sentence. They had a narrow escape.]
[22] Parke said, that if the objection had been decided on the spot they would have escaped, as he and Williams were for it, while the Chief Justice was against it.