CXLIV. much canvassing for the "Douglases" and the "Hamiltons," CHAP. and a great degree of suspense existed down to the very morning of the judgment. 1769. It astonishes us very much to be told, that when the order Feb. 27. of the day had been read by the Clerk, for the further consideration of the cause of the Duke of Hamilton v. Douglas, the Duke of Newcastle spoke first, and that "he was answered by Lord Sandwich, who spoke for three hours with much humour, and scandalised the Bishops, having, with his usual industry, studied even the midwifery of the case, which he retailed with very little decency." * ment. Lord Camden then thus began, there being such silence Lord Camwhile he spoke, that a handkerchief would have been heard den's judgto drop, notwithstanding the crowds in attendance:† "My Lords, the cause before us is, perhaps, the most solemn and important ever heard at this bar. For my own share, I am unconnected with the parties; and having, with all possible attention, considered the matter, both in public and private, I shall give my opinion with that strictness of impartiality to which your Lordships have so just and equitable claim. We have one short question before us,-Is the appellant the son of the late Lady Jane Douglas, or not? I am of the mind that he is; and own that a more ample and positive proof of the child's being the son of a mother never appeared in a court of justice, or before any assize whatever." After very ably stating the primâ facie case from the marriage of the parents, and their acknowledging the appellant as their son, he minutely analysed the evidence to contradict and to corroborate it, and thus (rondeau fashion) concluded," The question before us is short, 'Is the appellant the son of Lady Jane Douglas, or not?' If there be any Lords within these walls who do not believe in a future state, these may go to death with the declaration that they believe he is not. For ⚫ Horace Walpole's " Memoirs of George III.," vol. iii. 303. ↑ "Lord Mansfield, it had long been discovered, favoured the Douglases; but the Chancellor Camden, with dignity and decency, had concealed his opinion to the very day of the decision."- Horace Walpole's Memoirs of George III. vol. iii. 303. CHAP. CXLIV. Lord Camden's exer cise of his judicial patronage. Horace Walpole's account of the Douglas cause. Merits of the Dou glas cause. my part, I am for sustaining the positive proof, which I find weakened by nothing brought against it: and, in this mind, I lay my hand upon my breast, and declare that, in my soul and conscience, I believe the appellant to be her son.”* Lord Mansfield followed-haud passibus æquis—making the worst speech he ever delivered - so bad a speech as to bring suspicion upon the judgment for he did little more than dwell upon the illustrious descent of the Lady Jane, and the impossibility of any one with such a pedigree being guilty of such a fraud as palming a supposititious child upon the world. † The House agreed to the reversal without a division, but five lay Peers signed a protest recording their opinion that "the appellant was proved not to be the son of Lady Jane Douglas." ‡ Before finally quitting Lord Camden's Chancellorship, I must advert to the manner in which he disposed of his judicial patronage always an important consideration in scan See George Hardinge's striking account of this speech, Appendix, post. It is hardly possible that the account we have of Lord Mansfield's speech on this occasion can be full and correct, particularly as it does not contain the charges against Andrew Stewart, which were made the subject of the famous "Letters." Horace Walpole thus states the result: "The Chancellor then rose, and with leading authority and infinite applause told the Lords that he must now declare that he thought the whole plea of the Hamiltons a tissue of perjury woven by Mr. Andrew Stewart, and that, were he sitting as judge in any other Court, he would order the jury to find for Mr. Douglas; and that, what that jury ought to do on their oaths, their Lordships ought to do on their honours. This speech, in which it was allowed he outshone Lord Mansfield, had the most decisive effect. The latter, with still more personal severity to Stewart, spoke till he fainted with the heat and fatigue. At ten at night the decree was reversed without a division."- Memoirs of George III. vol. iii. 304. I believe the general opinion of English lawyers was in favour of the decision of the Court of Session in Scotland; but this was produced a good deal by Lord Mansfield's wretched argument, and the very able letters of Andrew Stewart, the Duke of Hamilton's agent, whose conduct had been severely reflected upon. I once studied the case very attentively, and I must own that I came to the conclusion that the House of Lords did well in reversing. There was undoubtedly false evidence in support of the appellant; but it would have been too much in such a case to act upon the maxim, "false in one thing, false in all things," so as to deprive him of his birthright from misconduct to which he was not privy. There seems to be no doubt that the Lady Jane, notwithstanding her advanced age, subsequently to the birth of the appellant, was pregnant, and had a miscarriage; and insuperable difficulties attended the theory of his being the son of Madame Mignon. Being in possession of his status, I think the evidence was insufficient to deprive him of it - and the strong family likeness satisfactorily established seems to prove that the conclusion of law concurred with the fact of his physical origin, ning the merits or demerits of Chancellors; and I am happy to say, that instead of corrupting or enfeebling the bench by political job, or personal favour, he acted steadily for the public good, on the maxim, Detur digniori. When about to leave the Common Pleas, he succeeded in having the learned and virtuous Sir Eardley Wilmot appointed to succeed him whom he thus addressed: "5th August, 1766. CHAP. CXLIV. Lord Camden to Sir Wilmot, Chief Jus mon Pleas "I have the King's orders to acquaint you with his inten- Letter from tion of removing you to the Chief Justiceship of the Common Pleas, if it be agreeable to you. As Mr. Morton is not Eardley yet determined to yield up to you the Chief Justiceship of offering Chester, I would advise you to repose yourself in the Common him the Pleas till that desired event happens. I assure you it is a ticeship of place of perfect tranquillity. I do most sincerely congratulate the Comyou on this nomination, and beg leave to inform you that you owe as much to Lord Northington and to Lord Chatham as to myself. I have been under a treaty with George Cooke ever since I came to town, the particulars of which you shall know when you come. I have withstood his bribe, being determined never to defraud my successor upon my deathbed his necessities are extreme as well as my punctilio: However, it is now in your hands rather than in mine*; for I do not consider myself any longer in conscience, though I am in law, Chief Justice of the Common Pleas. "I am with great truth, &c. "CAMDEN." Act. The times were too distracted to allow of any systematic Nullum amendment of the law; but it should be recorded that, under Tempus the auspices of Lord Chancellor Camden, passed the "Nullum Tempus Act," by which an adverse enjoyment of property for sixty years gave a good title against the Crown, whereas the maxim had before prevailed, "nullum tempus occurrit Regi, according to which obsolete claims might be set up, * This relates to an office in the Court which then, and long after, the Chief Justice might lawfully sell. СНАР. and vexatious proceedings instituted by the government against political opponents.* CXLIV. The Grenville Act. * About the same time likewise passed the famous "Grenville Act," by which the decision of contested elections was transferred from the House of Commons as a body, to select Committees sworn to do justice between the parties. † The chief merit of the measure belongs to its author whose name it bears, but from his colleague at the head of the law he had encouragement and assistance in preparing it. Thus Lord Camden, while in office, must be allowed to have deserved well of his country. He rendered her still more important services when reduced to a private station. CHAPTER CXLV. CONTINUATION OF THE LIFE OF LORD CAMDEN TILL HE WAS CXLV. cation of office. PASSING over for the present the intrigues for the disposal CHAP. of the Great Seal, which accompanied and followed Lord Camden's resignation of it, we must now regard him as an Lord Camopposition leader, banded with Lord Chatham, Lord Rock- den's vindiingham and other Whig Peers, strenuously to resist the his conduct measures of the new government with Lord North at the while in head of it. At the commencement of their operations he was placed rather in an awkward predicament in a debate which arose on Lord Marchmont's famous midnight motion*, "that any interference of the Lords respecting the Middlesex election would be unconstitutional." Lord Chatham having bitterly reflected on the measures of the government respecting Wilkes, Lord Sandwich took occasion to charge the late Chancellor with duplicity of conduct, because he had permitted those proceedings which had given so much disgust, and which he and his friends now so loudly condemned. Lord Camden answered him, by declaring upon his honour, "that long before Mr. Wilkes's expulsion, and also before the vote of incapacity, on being asked his opinion by the Duke of Grafton, he had pronounced it both illegal and imprudent,”—adding that "he had always thought so, and had often delivered his opinion to that effect."† The Duke of Grafton, however, declared that although the Chancellor had once before the expulsion said it would be impolitic or illtimed, he never had expressed his sentiments on the vote of incapacity, but whenever that subject was agitated he had withdrawn from the council board, thereby declining to give * It was on this occasion that Lord Chatham exclaimed, “If the constitution must be wounded, let it not receive its mortal stab at this dark and midnight hour." † As far as the original expulsion goes, Lord Camden had forgotten his first opinion. Ante, p. 274. |