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He recurred to the bad old example of Lord Ellenborough in devoting most of his time to answering my arguments. Lord Coleridge remarked in the Court of Queen's Bench that such a task was not for the judge, but for the counsel on the other side of the case. I wish his lordship had read a lesson to Justice North on that subject before he presided at our trial.
But that is a matter which should certainly be taken into consideration, when a large portion of this House are disposed not only to censure Lord Ellenborough, but to overturn the Government, because a despatch is not written precisely in those gentle terms which some hon. Gentlemen think to be right when inditing a letter to a Governor-General of India.
That demand was not complied with, in spite of the production of overwhelming evidence to justify it; and the victim of Lord Ellenborough and the tyrannical Government of the day was at once conveyed to the King's Bench Prison. No time was lost in heaping upon him all the indignities which, in accordance with precedent and in excess of all precedent, might supplement his degradation.
"Ellenborough, Thompson, Le Blanc, and Chambre, the four Judges, have long, long ago gone to stand at the bar of a special commission to receive the sentence of the Judge of judges; but it is doubtful whether they carried with them so strong a recommendation to mercy as that which was urged, in vain, for poor Despard.
When Preston, the great conveyancer, gravely informed the judges of the King's Bench that "an estate in fee simple was the highest estate known to the law of England," Lord Ellenborough checked the great Chancery lawyer, and said with politest irony, "Stay, stay, Mr. Preston, let me take that down. Thank you, Mr. Preston! The court, sir, is much indebted to you for the information."
In the same spirit Sir Willian Blackstone and more recent authorities have lamented the loss of Law-Latin. Lord Campbell, in the 'Chancellors, records that he "heard the late Lord Ellenborough from the bench regret the change, on the ground that it had had the tendency to make attorneys illiterate."
It was so purely a measure of detail, that it would hardly have been necessary to mention it, had it not been for an objection made to it by the Prime-minister's former colleague, Lord Grenville, and for the reply with which that objection was encountered by the Chief-justice, Lord Ellenborough; the former denouncing it as unconstitutional, since, he declared, it tended to establish a large standing army in time of peace; and Lord Ellenborough, on the other hand, declaring the right of the crown to call out the whole population in arms for the defence of the realm to be so "radical, essential, and hitherto never questioned part of the royal prerogative, that, even in such an age of adventurous propositions, he had not expected that any lord would have ventured to question it."
On the ninth of March 1843, Mr Vernon Smith, Member for Northampton, made the following motion: "That this House, having regard to the high and important functions of the Governor General of India, the mixed character of the native population, and the recent measures of the Court of Directors for discontinuing any seeming sanction to idolatry in India, is of opinion that the conduct of Lord Ellenborough in issuing the General Orders of the sixteenth of November 1842, and in addressing the letter of the same date to all the chiefs, princes, and people of India, respecting the restoration of the gates of a temple to Somnauth, is unwise, indecorous, and reprehensible."
The directors were "to remain princes, but no longer merchant princes," and Ellenborough complained that whereas "hitherto the court had appeared in India as beneficent conquerors, henceforth they would be mortgagees in possession". Perhaps the ministry shrunk from provoking the storm of obloquy which must have resulted from placing the vast patronage of the company in the hands of the crown.
I can assure him, and I now solemnly assure this House, my constituents, and my country, that I would rather stand in my own name, in the pillory, every day of my life, under such a sentence, than I would sit upon the bench in the name and with the real character of Lord Ellenborough for one single hour.
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