I took the opportunity of the presence of two judges to get a legal opinion as to Sir J. Malcolm's conduct in resisting the service of the Habeas Corpus ad testificandum.
I took the opportunity likewise of laying before the two judges the change of circumstances since the institution of the Supreme Court, and the present reasons for making their jurisdiction without the limits of the Presidency the exception and not the rule.
The judges seemed to enter into my view. The Lord Chief Baron suggested that there might be a previous enquiry before the Country Court, which might for that purpose be a sort of grand jury. [Footnote: I.e. when the case was to be transferred to the Supreme Court.]
Lord Hill showed me a letter from Sir F. Watson addressed to Sir B. Taylor, as the King's first aide-de-camp, and directing him as such, by the King's command, to intimate to Lord Hill the pleasure it would give His Majesty to know that Lord Hill had given Captain Scarlett, the son of the Attorney- General, an opportunity of purchasing a majority. Captain Scarlett is a very young captain—and Lord Hill feels the thing asked cannot be done. He was going to see the Duke of Wellington about it. Not very long ago the King gave away a regiment without asking Lord Hill—however, that was settled; but it is clear that, unless Lord Hill is allowed to exercise the fair patronage of his office, he will resign.
January 26.
Cabinet. It seems the French have acceded to the proposals of the Pasha of Egypt, and finding 50,000 men would be required to take Algiers, prefer his operating with 40,000 of his own. He pretends to have made arrangements which will secure an easy conquest, and promises to place Tunis, Tripoli, and Algiers under regular governments, nominally under the Sultan, whose consent he reckons upon, and capable of preserving the relations of peace with other Mediterranean Powers.
The Pasha's army is commanded by French officers, and the annexation of these States to Egypt would be their practical annexation to France. When his army is disseminated along the coast of Africa, I might realise my dream of taking Egypt from India.
We considered the proposed order in Council relative to the slave regulations of the King's own ceded colonies. The Duke was evidently not well, and he was rather out of humour. We were three hours and a half in Cabinet. He made various objections to the proposed regulations. He impressed upon us the danger of tampering with the rights of property. We were doing that with property of an odious character, which we should not do in England. He pressed the effect in the West Indies and the example everywhere. He seemed to complain that the regulations were different from those agreed to in the summer. Sir G. Murray was very quiet. He is a very sensible man, but he is overawed by the Duke, having been under him so long.
Poor old Tierney is dead, for which I am very sorry. He was a very good friend of mine.
January 27.