COMPARISON OF LIVERPOOL WITH MANCHESTER.
What has made Liverpool? Manchester says it has made Liverpool. Sir, the East and West Indies, America and Africa and Australia have made Liverpool, just as they have made Manchester. We know that for a long time that western side of the kingdom was far behind the eastern portions of it; that it had no wool trade, which was the old staple of the country; that South Lancashire was covered with forests; that in Edward the Second's time there was but one poor fulling-mill in Manchester: and what has been the eventual result? After long waiting, after long delays, a new continent in the far west, and a new British Empire founded in the far east, have come to the relief of that portion of the country; that, concurrently with the development of that system, a Brindley, a Watt, an Arkwright, a George Stephenson arose. And so it is that Liverpool became what it is; and so it is that Manchester became what it is. But who was watching this great design of Providence in its small beginning? Who was fostering the trade? Who was promoting the internal communications with Manchester? Who was spending money and giving land for the benefit of the infant trade? It was the corporation of Liverpool…. Where was representation and taxation then, sir?… You cannot have it till the port is made. You cannot have it till the risk has been run, till the ratepayers have been created. Then, no doubt, you may turn round upon the body who have made the port, made the ratepayers, made them what they are; and you may insist upon dethroning them from that position which they have occupied, at so much risk and so much labour, up to the time when the full development of the trade takes place. Now, sir, that is the case with Liverpool. It is the case with nearly all the remarkable ports of this kingdom. And then, forsooth, when all this has been done, and when Liverpool has nursed from its infancy the rising trade of the Mersey, watched it, developed it into a system which is unequalled, I venture to say, in the habitable world, we are to have gentlemen from Manchester coming down upon us to tell us that the true nostrum to make a port is taxation and representation, and to turn out those who, before there was any trade to tax, taxed themselves in order to create it.
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Apart from the Great Western Company's intervention this is a case of Manchester against Liverpool; in other words, it is a struggle between a manufacturing and a commercial interest. Now, sir, what is called the balance of power in the British Constitution, meaning as it does the equipoise caused by conflicting interests and passions, is a principle which is not confined to constitutional forms, but works out throughout the whole body of society; and we find a gradual tendency in latter days to conflicts between classes, and classes which were before allied together against other classes. We know the distinctions between land and trade, speaking generally, and the conflicts which have ensued. In these latter days we have had trade subdivided into manufactures and commerce…. What you are asked to do now is to humble a commercial interest at the instance of a manufacturing interest…. There can be no doubt, sir, that if we contrast the habits of mind of different classes, commercial pursuits give a different tone and a different feeling. I am not saying it is better, I am not saying it is worse—that is not my question—but a different tone and feeling from what manufacturing pursuits do. I will not even analyse the cause of it; but I may state this much, that commerce has that which manufacture has not. It has its traditions and its history upon a higher and very different footing: it has even its romance and its poetry. A profession exercised within a port which is associated with such names as those of Tyre, of Byzantium, of Venice, of Genoa, of the Hanse Towns, and many of the chief cities of history, may be said to have some liberal features which I do not say are beneficial; I am merely saying that they are different from those which arise out of the associations of manufacture. Images of greatness and of splendour are connected with the one much more than with the other, and the term 'merchant princes' is a term which neither historians nor orators would treat as otherwise than properly applied to many of the chief men of the cities which I have named in former days, and many of the chief men of the cities with which we are now dealing. Moreover commerce brings the parties engaged in it into connection and contact with almost the whole known world. Liverpool is not the Liverpool of Lancashire only, or of Cheshire only, or of England only; Liverpool is the Liverpool of India, of China, of Africa, of North and South America, of Australia—the Liverpool of the whole habitable globe; and she has her features of distinction; she has her habits of thought and feeling, her traditions of mind fostered by influences such as these. There she sits upon the Mersey, a sort of queen of the seas; and Manchester, her sister, looks at her and loves her not. She too is great, and she too is powerful—but she is not Liverpool, and she cannot become Liverpool. At Liverpool she is lost in the throng of nations and the multitude of commerce; she is merely one of the many customers of the port. Well, as she cannot equal Liverpool, what is the next thing? It is to pull down Liverpool; to make Liverpool, forsooth, the Piraeus of such an Athens as Manchester! That, sir, will suit her purpose, but will it suit yours?… No commercial interests can act, sir, more than any other interests, without some local association, without some united home, such as is afforded in the constitution of our own port…. To found upon injustice, and to proceed by agitation, to put down a rival whom they cannot help admiring though they cannot love—that, sir, is a process neither worthy of them nor likely to accord with the views of the constitutional politician, who is willing indeed that, according to the natural force of circumstances and the development of time, every interest should acquire its legitimate position in the balance of power under the constitution, but who certainly would not lend his aid to destroy by anticipation and violently any of those great commercial landmarks which remain—and long may they remain—in this country, standing monuments of the past, and affording in the present working of different political passions and interests a counterpoise, the loss of which would soon be felt, and would lead every one to regret the legislation which had converted this bill into an Act. (Pp. 213, 214, 221- 4.)
4. The L. B. & S. C. Company—the Beckenham Line.—In this great case Mr. Hope-Scott was retained by the London, Brighton, and South Coast Railway Company to oppose a bill by which it had been sought to construct a new and rival line by Beckenham, and, with his usual address, succeeded in turning it out. The question was one of considerable local importance, and on its decision a clever article appeared in the 'West Sussex Gazette,' written by the editor of that paper, the late Mr. William Woods Mitchell, in whose sudden death in 1880 the public press of England lost a most able and talented journalist, who (I may remark in passing) had as considerable a share as any one in carrying the principle of unstamped newspapers. His description of Mr. Hope-Scott's style of pleading is interesting, as conveying the impressions of a very sharp-sighted spectator, and, so to speak, placing before our bodily vision what such refined criticism as that of Mr. Venables has addressed rather to the eye of the mind.
To one of an impulsive temperament Mr. Hope-Scott's unconcern and sang- froid is perfectly irritating. It is amazing how he remembers minute points and names. From the highest questions of policy down to Mr. Ellis's cow and ladder case he was 'up' in detail, never lost for a word, and not to be astonished at anything. If the House of Commons were on fire he would ask the committee simply if he should continue until the fire had reached the room, or adjourn on the arrival of the engines. Whilst he delivers his speech he is keeping up a little cross-fire with the clerks behind, who scratch out the evidences and papers as he requires them. Now he will drink from the water-glass, now take a pinch of snuff, then look at his notes, or make an observation to some one; but still the smooth thread of his speech goes on to the committee: but it is smooth, and says as plainly as possible, 'My dear friend, I am not to be hurried, understand that if you please.' When, however, Mr. Scott has a joke against his learned friend he looks round, and his dark eyes twinkle out the joke most expressively…. There was a slight twinkle as he said to the committee, 'Now I come to the question of gradients.' It was amusing to see the five M.P.s twist in their chairs, and how readily the chairman told Mr. Scott the committee required to hear nothing further about gradients. Had the question of gradients been entered upon, one might have travelled to Brighton and back ere it was concluded. Mr. Hope-Scott had the advantage of a good case, and he 'improved the occasion.' He further had the advantage of the three shrewd gentlemen at his elbow, Messrs. Faithfull, Slight, and Hawkins, who allowed no point to slumber. The great features in favour of the Brighton Company were—first, that their line was acknowledged by all to be well connected; secondly, that Parliament had never granted a competing line of as palpable a character as the Beckenham; thirdly, that it had been shown by a committee of inquiry that competing lines invariably combine to the detriment of the public; and lastly, that the opposition line was not a bonâ fide scheme, and not required for the traffic of the district. Mr. Denison replied at a disadvantage. [The chairman announced:] 'The committee are unanimous in their decision that the preamble of the bill has not been proved.' The B. and S. C. has won the race. Another victory for Scott's lot! [Footnote: Scott's lot. There was a celebrated trainer of the day, named Scott; and this expression was very familiar in the records of the turf.] The Beckenham project thrown out. [Footnote: West Sussex Gazette, June 18, 1863.]
The same writer (I have been told) also remarked that Mr. Hope-Scott succeeded with the committee by making an exceedingly clear statement of the case, thereby making them think that they knew something about it—and that was half the battle. When it was over, Mr. Hope-Scott observed to a friend, 'It is very likely I shall hear of that again; and very probably I shall be on the other side.' In fact, the affair got mixed up with the South-Eastern, from which company Mr. Hope-Scott received a prior retainer, and carried the Beckenham line against the L. and B. On that occasion he met the probable production by the opposing counsel of the statement from his previous speech by showing that circumstances alter cases, and that two or three years make a great difference. These latter particulars, however, I only give as conversational. To prevent any adverse impressions which might be given by such random talk, I would remark in passing, that a case like the foregoing is not a question of right or wrong, truth or falsehood, but of a balance of expediency, which it is a counsel's business in each instance to state, though certainly not to overstate. Further on (p.124) the reader will find evidence of Mr. Hope-Scott's resolute conscientiousness in the matter of fees.
5. Scottish Railways: an Amalgamation Case.—A bill for the amalgamation of certain Scottish railways was one of the great cases in which Mr. Hope-Scott was concerned in the Parliamentary Session of 1866. A correspondent of the 'Dundee Advertiser' takes occasion from it to contribute to that journal a sketch of Mr. Hope-Scott's personal history and professional career, with sundry comments on his style as an advocate. From this article I shall quote so much as refers in general to the Scottish part of his practice, and particularly to the case above mentioned. It will be perceived that the writer takes a comparatively disparaging view of Mr. Hope-Scott's manner of pleading; but this only shows the coarse drawing which those who write for the people often fall into, like artists whose pictures are to be seen from a great distance. For convenience of arrangement I make a transposition in the passage which I now place before the reader.
Mr. Hope-Scott in pleading his cases has a peculiarly easy style of speech, which can hardly be called oratory, because it would be ridiculous to waste high oratory on a Railway or a Waterworks Bill. But he has an apparently inexhaustible flow of language in every case he takes up, and every point of every case. He has little gesture, but is graceful in all his movements. He fastens on every point, however small—not a single feature escapes him; and he covers it up so completely with a cloud of specious but clever words, that a Parliamentary committee, composed as it is of private gentlemen, are almost necessarily led captive, and compelled to view the point as represented by him. It was eminently so in the Amalgamation case. The specious excuses for unmitigated selfishness there put forth were poured into the ears of the committee with such an air of innocent candour, and with such a clever copiousness, that the committee was, as it were, flooded and overwhelmed by his quiet eloquence; and though Mr. Denison with the keen two-edged sword of his logic cut through and through the watery flood in every case, it was just like cutting water, which immediately closed the moment the instrument was withdrawn. I am not doing Mr. Scott injustice when I say that in the Amalgamation case his tact was at least in as much demand as his ability, and that for downright argument his speeches could not for one moment be compared to those of Mr. Denison. But having a bad case to begin with, and having to make a selfish arrangement between two railway companies appear a great public advantage, he certainly, by his quiet skilful touches, turned black into white before the committee with remarkable neatness. His reply on the whole case was another flood of rosewater eloquence, which rose gently over all the points in Mr. Denison's speech, and concealed if it did not remove them. It was like the tide rising and covering a rock which could only be removed by blasting. Mr. Denison has the keen logical faculty which enables him to bore his way through the hardest argument, and blast it remorselessly and effectually as the gunpowder the rock. Mr. Scott, again, prefers to chip the face of the rock, to trim it into shape, to cover it over with soil, and to conceal its hard and rocky appearance under the guise of a flower-garden, through which any one may walk. And with ordinary men this style of thing is very popular. I do not mean that Mr. Scott is incapable of higher things. Far from it. I believe that had he to plead before a judge few could be more logical and powerful than he; but it is a remarkable evidence of the 'Scottishness' of his character, if I may coin a phrase, that when he has to plead before a committee of private gentlemen who have to be 'managed,' he should deliberately select a lower style of treatment for his subjects.
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