Whitehall, April 29th, 1788.
My dear Brother,
I have just received your letter of the 25th. You will have observed by my last letter, that I have not delivered the recommendation, but that I called upon Lord Sydney with your private letter, in order to mention the circumstance to him, and to desire him to say nothing of it till he heard again from me. He behaved with great kindness to me, and assured me he would do in this business exactly what I wished. My own ideas at present incline to taking the Rolls for life: if any other solution should offer while you are in Ireland, it will be always equally possible to arrange it; and if not, I think the question of the legality will bear at least a great deal of argument. My own opinion rather is, that I could support such a patent against anybody. But at all events it will be a much more difficult undertaking to remove me, and one less likely to enter into the mind of our adversaries, than if the grant expressly gave the office only during pleasure. I can lose nothing by taking it for life, even if such a grant is bad, because that will at least be equal to a tenure during pleasure; and if it is good, as I think precedents, and even the true construction of the Act will make it, I have attained the object which your friendship is anxious to secure to me. You will observe that the argument of vacating by non-residence does not apply to a grant for life, with exception of the ministration of justice; but to a grant, quamdiu se bene gesserit, under the statute which enables the King to grant judicial offices in that form. The latter would clearly be forfeited by non-residence, and I strongly think that the former is good in law.
I mention this, because you appear to feel considerable difficulties in any exchange, and I am unquestionably very anxious that an arrangement in which I fear you must, at all events, sacrifice a good deal to my objects, may be attended with as little additional inconvenience to you as possible.
Our friends are sanguine as to the event of Bastard's motion, which is to come on to day. As this opinion is the result of a personal canvass, I hope it is tolerably founded; but I am not enough acquainted with the particulars to give any opinion of my own upon it. Only I think I see amongst our friends a sort of feeling of our situation, and some revival of that zeal which has been so grievously wanted of late. Against this there is to be set a very general impression of the badness of the question, which is certainly in itself not a strong one on our side, and is made less so in appearance by the necessity we are under of declining all personal discussions, in order to adhere to our principle, of the impropriety of such points being debated in Parliament. I am, however, told that there are a few of Fox's party who do not like the question, and will not vote against us. Plumer is mentioned in particular, and there are, I believe, two or three others. It is a dreadful thing for the general strength of Government, to have these sort of doubtful days recurring so often. I am inclined to think that the event will be that Lord H. will now remain longer than he before proposed, in order that he may not appear to be driven out by clamour, &c.
Sir G. Yonge is to have the red riband, which is comical enough. I will take particular care of what you mention about Fitzherbert; was he desirous of the riband? if he was, I should think we might manage it on another opportunity; though, if I was in his situation, I should certainly think myself better without it. Trevor is to have the other, and to go immediately to St. Petersburgh. Lord Harrington was to have gone there, but thought he could not unless with the rank of ambassador, which was impossible. Lord Dalrymple goes to Turin, and Ewart is to be appointed to Berlin. Lord Mansfield has resigned. Kenyon is to take his seat the first day of next Term, but not to be created a peer at present, in order to break the practice, which was beginning to grow into a sort of right. I imagine, however, that the state of the House of Lords will make it necessary to have him there next year. McDonald is to be Attorney-General; Arden, Master of the Rolls; Scott, Solicitor; and Bearcroft, Chief Justice of Chester.
The impeachment is going on so slowly, that I see no prospect even of the accusation being concluded this year. They talk of sitting only to the Birthday; and, indeed, after that they would find it impossible to procure an attendance, either of Lords or Commons. Our business will certainly be over by that time. The Budget comes on next Monday, and will be a glorious one; as not only the current service of the year, but the extra expenses, both of the Prince of Wales and of the armament, will be provided for by the exceeding of revenue.
The 'Rusbridge' has brought an account from Madras as late as the 9th of January. An answer had been received from Tippoo to Sir A. Campbell's letter. It disclaims all idea of hostility; and a friendly correspondence had passed between them since; so that this storm is blown over, at least for the present; and in the meanwhile we are acquiring more strength every day. It is impossible to speak in terms of sufficient admiration of Lord Cornwallis's conduct. I have not yet seen any finance papers from this last ship; but I make no doubt of their turning out well, from the general expressions of prosperity, &c., in his private letters.
I send you over a case given to me by the Duke of Athol, who has particularly desired my attention to the subject. He is to bring it forward this year. Can you tell me where I can find any of my father's papers upon it?
I have got the cypher, which answers perfectly. I keep it, in order to have another made from it. I shall be anxious to hear of your little girl's doing well.