A Political Diary, 1828-1830, Volume II

by Earl of Edward Law Ellenborough

Cabinet at 2. Conversation respecting the abolition of the Welsh judgeships, and the addition of a judge to the Courts of King's Bench and Common Pleas, or Exchequer. The two new judges would be Circuit Judges of Wales. The Welsh gentlemen seem to be favourable to the change. The attornies, who are numerous and powerful, very hostile. The Chancellor introduces again his Bill of last Session. The Equity is to be separated from the Common Law Jurisdiction of the Court of Exchequer. The subject was only talked of, and decision deferred till Sunday next.

We then talked of Ireland. The Grand Jury Presentment Bill is not yet prepared. The plan for a police is to place the nominations in the hands of the Lord-Lieutenant. To send stipendiary magistrates when and where they are wanted.

Peel's suggestions went much further; but Lord F. Gower seems to me to be only a clever boy. He has as yet proposed nothing worthy of adoption, and he has often been near the commission of errors from which he has been saved only by Peel's advice.

He wished to establish stipendiary magistrates in every county, the effect of which would have been to disgust all the gentlemen magistrates, and to lead them to the abandonment of their duty. He wished too to unite in all cases the inspectorships of police with the office of stipendiary magistrate, to avoid collision; but the duties of inspector are of a mere ministerial and inferior character, and would not agree well with those of a magistrate.

I must read to-morrow all the late protocols and despatches. The Russians and French have agreed to make Leopold Prince of Greece, but the King cannot endure the idea. Aberdeen thinks he has made a great conquest in carrying the point of Leopold's election. I confess I cannot understand the great advantage we derive from it. What an extraordinary scene! Those monarchical states, the most adverse to revolution, combine to assist the rebellion of a people against its sovereign, a rebellion commenced by murder and continued by treachery, stained with every crime that ever disgraced human nature! [Footnote: The massacres by the Greeks at Tripolitza and Athens, the latter in direct breach of a capitulation, had, according to a not unfavourable historian, cast a dark stain on the Greek cause and diminished the interest felt for it in foreign countries. (Alison, Hist. Europe, 1815-52, iii. 150.)] They destroy the fleet of an unoffending Power in a time of profound peace in his own port. They thus facilitate the attack of an enemy, and in the extreme peril of the defeated sovereign they increase their demands in order to form a substantive State out of the ruins of his Empire. They then elect a Prince unknown to the people over whom he is to reign, and support him by equal assistance in ships and money! Those monarchical states set up a revolutionary government and maintain it in coparcenary! It was reserved for these times to witness such contradictions. I do not think any one is very well satisfied with them but Aberdeen. He is charmed.

Sunday, January 10.

Cabinet. Conversation first as to an intended publication by Mr. Stapleton of a 'Life of Canning,' in which he means to insert the substance, if not the copies, of public papers relating to transactions not yet terminated. He has had it intimated to him that he will do so at his peril. He holds an office under the Government during pleasure. I said he had no right over private letters relating to public subjects which only came to the knowledge of the writer by his official situation. He should be told it was a high breach of public confidence, and he should be displaced if he was guilty of it. He will have a hint, but I fear not one sufficiently strong. It is Lady Canning who thinks she can injure the Duke of Wellington, and so publishes these papers. Stapleton is her editor. She demanded from Aberdeen official letters of Canning's, and actually threatened him with a suit in Chancery if he did not give them up. The Duke says he has copies of all Canning's letters, and he shall publish if they do. [Footnote: Augustus Granville Stapleton had been private secretary to Canning, and published about 1830-31 The Political Life of George Canning, and nearly thirty years later, George Canning and his Times. The latter work contains much correspondence the publication of which might have been objected to at the earlier date.]

We had Scarlett and afterwards Bosanquet in upon the Welsh Judicature question. It was at last decided that the Equity Jurisdiction of the Courts of Great Session should be sent to the Court of Exchequer, that power should be taken to the King of directing the circuits to be held where he pleased, and that the two new judges of the English Courts should do the duty of the Welsh circuits. The proceedings to be assimilated to those of the English Courts.

The saving by the reduction of the Welsh judges, after allowing for their pensions, will leave an ample fund for the compensation of the officers reduced.

I read Lord Stuart de Rothesay's last despatches and Lord Heytesbury's. There seems to me to be great over-confidence in their strength on the part of the French Ministers. I cannot help thinking they will fall. Villele will have nothing to do with the Government under this House of deputies, which declared his administration deplorable. He seems to stipulate for their dissolution.