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had any practical knowledge of the law to be administered-Sir George Rose-and he made to occupy the junior post of all?

Such are samples of Lord Brougham's disposal of his existing stock of patronage; but who can trust himself to speak of the enormous and unconstitutional additions he has already made, and meditates making, to that stock? Why, his "Commissioners" are crawling, "vermin"-like if you will, all over the country, commanded to fasten and gorge upon filth wherever they can find it, and make it where there is none at least so Mr Brougham would have spoken of it! There can be no doubt that the Chancellor's incessant anxiety is to create lucrative employment, which he may dispense among the needier members of the Bar. How many are there that look for a livelihood no longer to legitimate and honourable efforts in their profession, which it seems Lord Brougham's policy to render fruitless, by introducing changes which make that profession scarce worth following-but to the Lord Chancellor! How many now are entering the profession solely on the strength of the semi-political and other offices created by Lord Brougham! Indeed, he is striking blows daily at the independence of the Bar! With "Mr" Brougham this was otherwise-alas for the discrepancy between professions and practice!-for "to him, much reflecting on these things, it always seemed a worthier honour, &c. than to enjoy all that office could be stow[]-office, of which the patronage would be an irksome encumbrance [!!]-the emoluments superfluous to one content with the rest of his industrious fellow-citizens that his own hands minister to his wants." [!!! The patronage" an irksome encumbrance !" Indeed, he has taken pains to make it so! He has gloriously increased the fund to be distributed, the number of applicants, and, ergo, the trouble of dispensing it. His motives for humbling the attorneys" are obvious.

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They would rarely, if ever, in the exercise of their duty to their clients, intrust him with a brief requiring sound discretion and learning in the management of the case, but incessantly mortified him by their preference of his younger and less pretending brethren. He knows this to be the case; he knows also how perfectly well aware they are of his incompetency for his present duties; and, therefore, he gives them a bad name, and hopes the people" will run them down for him! He is generally reported to have said that he hoped to see the day when there were not 100 attorneys in London. We will remind him of a passage in Lord Bacon's essay of "Seditions and Troubles:❞—

"Probus undid himself by that speech,si vixero non opus erit amplius Romano imperio militibus,'-a speech of great despair for the soldiers, and such like. Surely princes [Chancellors!] had need, in tender matters and ticklish times, to beware what they say, especially in their short speeches, which fly abroad like darts, and are thought to be discharged out of their secret intentions; and as for LARGE DISCOURSES, they are flat things, and not much to be noted!"

Having thus rapidly touched upon a few significant features in the public life both of " Mr" and "Lord” Brougham-having pointed out the course he from the first chalked out to himself, the sinister perseverance with which he has adhered to it, and often by what unwarrantable means

having explained the nature of his pretensions as first Equity Judge in the kingdom, and exposed the grounds of his hatred for the profession, on whose ruins he hopes to rise-we come to his last grand scheme for effecting this object-his LOCAL COURTS Bill. This crowning measure shewed that at length he considered himself to have discovered the means of sure revenge upon his enemies. Having once hit upon it, see with what inflexible pertinacity he has adhered to it! Secure in his own popularity, his acknowledged powers of enlist

• Pah! This tinkling echo of "mihi sæpenumero cogitanti" is what Lord Brougham prides himself upon.

+ Speech on th Administration of the Law, p. 119.

ing the popular feeling in his favour -forth comes 66 THE POOR MAN's BILL"-introduced by "HIS REPRESENTATIVE" in the HOUSE of" HIS ENEMIES"-his "SELF-NOMINATED SUPERIORS." Here was a splendid opportunity for Lord Brougham to consummate his union with "the people," by " spreading a table for them in the presence of their enemies;" by taking his old fond place at their head, partaking at their repast, and joining in their gibes and threats towards their discomfited enemies who looked on! Now had arrived "the very nick of time" for Lord Brougham to bind the Aristocracy and the Bar into one bundle, and burn them together! To point them out to "the people" as joint objects of suspicion, contempt, dislike! To strike a blow that should crush both! Here was an opportunity for scattering filth-not on one individual only, but upon the whole legal profession; for threatening the Peers for flattering the People!-Io triumphe!-The Poor Man's Bill-in the hands of the Poor Man's Friend-in the house of the Poor Man's Enemy! There is a climax for you!-Here, however, there shall be introduced upon our canvass a calm and noble figure-a legislator-one in every respect the contrast and superior of him whose doings we have been debating; one who shewed Lord Brougham that he was not to have it all quite his own way that he was reckoning without his host; one who hesitated not to step forth into the van of battle, and become as Lord Brougham expressed it, in terms, and in a tone, of querulous alarm" the chosen champion of the profession,"-Lord Lyndhurst: the one calling the Local Courts Bill"a monster of legislation," the other, "the Poor Man's Bill!"-the one "a very slight change (!) in the existing institutions of the country;" the other, "a total dislocation of the framework of the laws." Let us see, now, what manner of men are these two, and which is to be believed by the country. One can scarcely mention the name of Lord Lyndhurst without adopting terms that may savour of exaggeration. He is a very dangerous man for the Chancellor to have ever confronting him in the highest quarters-ever

coldly and keenly scrutinizing and exposing his actings and doingsand therefore it has somehow or another become the business of the Poor Man's Press, being in the interest of the Poor Man's Friend, either to pass over in silence Lord Lyndhurst's most splendid exertions, or to vomit upon them the blackest bile that can be engendered in an organ of "envy, hatred, malice, and all uncharitableness." All, however, will not do: and there standeth the Poor Man's Friend quailing before, and sadly shaken by, "this Champion of the Bar."

Lord Lyndhurst's transcendant talents were early developed; and the moment an adequate opportu nity occurred for displaying them, his rise was rapid. At Cambridge, with but little effort-he obtained the distinction of second wrangler, second Smith's prizeman, and fellow of Trinity College. No candid person, with the opportunity of judging, would then, or will now, hesitate to award him the superiority over all his competitors, in point of natural capacity. His mind is indeed a diamond of the first water. It has a solidity, a comprehensiveness, a subtlety, an acuteness, which master with amazing ease and rapidity every thing to which its energies can be directed. With reference to many of his more eager and turbulent rivals, it may indeed be said, that "his soul was like a star, and dwelt apart." Lord Brougham's powerful mind is preeminently distinguished by its energetic activity; his thirst for information of every kind is insatiable; the Herculean robustness of his physical constitution has enabled him to do more perhaps than any three of his contemporaries put together; and his eager ambition has ever exercised and sharpened his powers. Whatever be his qualities, natural or acquired, it has always been his pride-his business, and no doubt a laudable one too -to display them on all occasions to the utmost advantage. His " darling joy" is to exhibit himself before the public in all imaginable attitudes; to spread before their dazzled eyes all the stores of his multifarious acquisitions. Hence the grateful spectators have not been backward in pay

ing for the show, and they have constituted Lord Brougham-the GREAT OVER-PRAISED, as Lord Lyndhurst has always been-THE GREAT UNDER-PRAISED. Now, in this activity, this thirstiness after applause, this restless ostentation, consists the great secret of Lord Brougham's success and popularity, the distinction between himself and Lord Lyndhurst. The latter has always seemed indifferent-haughtily indifferent-to the pæans he could have at any time called forth, owing to a certain stateJiness of pride-a reserve-an indolence he could rarely overcome. Mr Canning's beautiful remark with reference to the British men-ofwar off Portsmouth, may be aptly applied to Lord Lyndhurst-"he silently concentrates the force to be put forth on an adequate occasion." Whenever that occasion arose, Lord Lyndhurst was always triumphant -sometimes amazing. Be the difficulty never so dark, so hopelessly vast and intricate, he can gather up and concentrate his powers till they illuminate it as a sun; and when that is withdrawn, most other minds, able and strong withal, grope after him, as if by torchlight. Whatever Lord Lyndhurst does, cannot be better done. We wish our limits would allow us to quote, entire, three of his leading speeches in Parliament-or even one only-that on bringing into the House of Lords the Bill for abolishing the Local Judicatures of Wales. We consider it a masterpiece. There is a graceful ease and simplicity of statement, a lucidness of method, a terseness and force of expression and argument, that ensures to the hearer, or reader, a delighted sense of conviction. It is simplex munditiis; a charming chasteness and elegance pervades every part of it: no labouring after effect -no lungeous sarcasm no petty sneers or insinuations-no gaudy ornament, are to be found anywhere defiling it. His speeches on Reform, and on one or two other leading questions, are distinguished by great power and eloquence. He always produces a deep impression. You can hear a pin fall while he is ad

dressing the House; you may imagine yourself listening to-looking at Cicero. His person, gesture, countenance, and voice, are alike dignified, forcible, and persuasive. No speaker of the present day has such a commanding use of the right hand and arm as he. With his long, white, extended fore-finger, he seems -as it were-to finish off his sentences with a visible point. He stands steadily, however vehement and impassioned in what he is delivering, never suffering himself " to overstep the modesty of nature,"—to be betrayed into ungainly gesticulations. There cannot be a greater contrast than that exhibited by the present and the ex-Chancellor in these respects-except their judicial qualifications! His acquirements are extensive and solid: He has a close and useful acquaintance with the mechanical sciences; and when at the Bar, he exceeded all his brethren in conducting cases involving such knowledge. Did you ever, reader, hear him sum up to a jury? If not, lose no time in doing so, for you will perhaps never have an opportunity of hearing any thing approaching it. His judg ments are all first-rate. That in Small v. Attwood, was acknowledged to be a prodigy. Then, again, there is a tact-a precision-a wariness about his movements-a long-headedness-a self-possession — which has often borne him off triumphant from the most arduous debate. His aim is unerring. If you see him aim a blow, depend upon it he will hit! His conduct on the bench is admirable. He listens to a long and complicated discussion, tangled with detail, wire-spun in argument, with the most patient courtesy; and at its close he will briefly and easily marshal every thing into its proper place, bring together every material discrepancy, detect the subtlest fallacies, and dart to the remotest consequences with the rapidity of lightning. Nothing seems capable of confusing or mystifying him. When the expertest counsel are wading into deep water before him-all but out of their own depth-they look up at his cold keen eye, and a faint

* Mirror of Parliament, 1830, Sess. I. pp. 2872-3-4.

smile, perhaps, on his fine features, satisfies them of the hopelessness of misleading him. We never see him but the picture sketched by Lord Bacon is brought before us.

"Judges ought to be more learned than witty, more reverend than plausible, and more advised than confident. Patience and gravity of bearing are an essential part of justice; and AN OVERSPEAKING JUDGE is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the Bar, or to shew quickness of conceit in cutting off evidence or counsel too short, or to prevent information by questions, though pertinent." Would it not seem, reader, as if the old philosopher had "revisited the glimpses" of the Court of Chancery-to read a grave and solemn rebuke to its present Lord? Go you there-and see the fidgetiness-the irritability-the petulance -the not unfrequently absurd interferences and interpolations of the Lord Chancellor-his tart interruptions of counsel,-and resolve them if you can into any thing else than a miserable sense of unfitness and inferiority! Go, then, to the Equity, or the Common Law side of the Court of Exchequer, and see Lord Lyndhurst despatching the most intricate and profound matters, as though they were mere child's play-as far as ease is concerned; full of cheerful urbanity and forbearance ;—but comparisons, they say, are odious, and we pause!

Thus far had we written, when the Times Newspaper (of Thursday, March 6) came under our notice, reporting certain sentiments uttered by Lord Brougham the day before in the Court of Chancery, which we could scarcely credit our eyes in reading. It is an additional evidence of Lord Brougham's foolish inconsistency and rashness; of the lamentable extent to which he is the sport of impulse and caprice; of the little faith that is to be placed in any of his declarations. Who knows not how he has boasted in Parliament, in his Court, and in private-how his friends have blazoned abroad in pub

lic-the extraordinary rapidity with which he had despatched his " Appeals?" On this, he and they have rested his claims to applause as a working Chancellor. WE, on the contrary, always reflected on a certain passage in Lord Brougham's great prototype.

"Affected despatch is one of the most dangerous things to business that can be. It is like that which the physicians call pre-digestion, or hasty digestion, which is sure to fill the body full of crudities and secret seeds of diseases; therefore, measure not despatch by the time of sitting (!) but by the advancement of the busiIt is the care of

ness.

some only to come off speedily for the time, or to contrive some false periods of business, because they may seem men of despatch; but it is one thing to abbreviate by contracting, another by cutting off; and business so handled at several sittings or meetings, goeth commonly backward and forward in an unsteady manner."

This morning, however, Mr Rolfe asks the Lord Chancellor about the Unitarian appeal case-telling him that it is fifty-nine off, [the Lord Chancellor denies that there are so many; we have examined, however, and find that there are!]-When the Chancellor said

"He had long thought that it was by no means expedient to clear the paper of appeals!!! ̄nor even to reduce them to a very small number!!! Parties very often, in the first moments of their disappointment at finding the decision of the Court below against them, resolved on appealingbut upon cooler reflection, and better advice than their own passions suggested, changed their resolution," &c. &c. Thus at once knocking down the trumpery pedestal of popularity he had himself erected! And after this his Lordship perseveres in his bill for Local Courts, or rather, his "Bill for enabling the poorer classes to rush into law without cool reflection, and with no better advice than their own passions suggest !" Oh, rare Lord Brougham! And now for that Bill!

We were present during the last debate upon it. We went to the

⚫ Bacon's Essays-Of Judicature. + Bacon's Essays-Of Despatch, p. 84. ‡ July 9, 1833.

House of Lords, expecting to seein the language of pugilistic eloquence-"a fair stand-up fight between two big 'uns"-and were not disappointed. We knew that each had every incentive to exert himself to the uttermost on that occasion. It was the present and the ex-Chancellor fairly pitted against one another. Lord Lyndhurst stood forth as the advocate of the Bar-of the Common Law-both menaced with extermination at the hands of their ungrateful head-of the middling and lower orders of the people, about to experience "the perils of false brethren" -of a false friend. Lord Brougham was wedded by many personal considerations to the success of his Bill. It would at once extend and consolidate his power, and enable him, he thought, to inflict utter ruin on those contumacious members of the profession, who had refused to" bow the knee to Baal." The cup of vengeance was now, however, to be dashed from his lips by him whom he had so rashly succeeded on the Woolsack; by him, this pet measure was threatened with utter defeat. We therefore expected a fieldday, and were not disappointed. The House was soon filled, and the spaces at the bar and throne crowded with members of the House of Commons. Precisely at five o'clock, the slim, spare, pinched-up figure of Lord Brougham, was discovered sitting on the Woolsack-his features full of feverish anxiety, and his gestures of impatience-beckoning hurriedly now to this one, then to the other friend, as he observed the Opposition Peers flowing into the House. Lord Lyndhurst was one of the last that entered. Accustomed as we are to see his noble figure in the flowing costume of the Bench, we hardly recognised him in plain dress. His black surtout, elegant waistcoat, brown curly wig, and tonnish hat and gloves, give you the idea rather of a colonel of a cavalry regiment, than a grave law lord! Without an atom of foppery, there is a certain fashionable air about him which surprises one familiar only with the stateliness of the full-bottomed wig, bands, and ermine robe. A few papers peeping out of the breast pocket of his surtout, together with

a certain flush on his features, assured one that he had come prepared for battle! After one or two minor matters had been disposed of-in which the venerable Lord Eldon took part-Lord Brougham somewhat briskly stepped from the Woolsack, and holding the Local Courts' Bill in his hands, stated simply, that he rose to move the third readingand should reserve himself for reply to what might be urged against it during the evening. He had hardly regained the Woolsack, when he found Lord Wharncliffe on his legs-apparently much to Lord Brougham's surprise-moving the ordinary smasher on such occasions, that the bill be read a third time that day six months. His speech was short and able. He urged the leading objections to the bill in a business-like straightforward style, and exposed the gross trick by which it had been introduced. "Their Lordships were told by certain influential authorities to take care how they acted. They were charged with refusing to give the poorer classes that which was their due. They were finally told they must pass this bill, for they had no power to resist it. The bill made false pretences. It purported to be a bill for the recovery of small debts; but it went in reality to effect a total change in the legal institutions of the country; it introduced a totally new and extremely dangerous principle." Lord Brougham, in his reply, unwittingly enhanced the weight of this testimony, by admitting, in terms almost amounting to sycophancy," the great experience," the "unsullied example" of Lord Wharncliffe; whose opinion, at the same time, is good for nothing, only when he avails himself of this "experience" to condemn the Local Courts Bill! "I am exceedingly mortified," said poor Lord Brougham, "at the opposition I

have received from the noble Baron; for his authority is most important." After Lords Rosse and Wicklow had shortly addressed the House, Lord Lyndhurst rose. Almost every Peer present turned instantly towards him in an attitude of profound attention-of anxious interest

and continued so till he had concluded: as well they might, while

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