[13]Arrived at Holkham, the superb seat of Lord Leicester, better known as Mr. Coke. After four days at Holkham, where were Lords Spencer and Ebrington,1 Edward Ellice,2 &c., got into the mail which drives through Lord Leicester's park, rode inside all night, and this morning arrived in London. Now for Westminster Hall. Mr. Justice Vaughan is afraid there will be no room for me on the full bench, but still thinks I may sit between him and Lord Chief-Justice Tindal. This I resolutely decline. I will not sit on the bench. The Queen's counsel row is surely enough.
As ever, affectionately yours,
C. S.P. S. You have received doubtless the edition by Maxwell of your ‘Equity Pleadings.’ He has received a very flattering note about it from Mr. Wigram, one of the leaders of the Chancery Bar.
To Judge Story.
London, Nov. 16, 1888.my dear Judge,—It is mid-day, and yet I am writing by candlelight. Such is a London fog. I am knocked up by a cold, and have determined to avoid Westminster Hall to-day and to keep in the house, hoping to be well enough to dine with Bingham this evening.The Attorney-General asked me, a few days ago, for some American references that would bear upon the case of Stockdale v. Hansard,3 wherein the question arises whether the House of Commons could privilege a libellous publication. I have written him in reply, stating that no such question had yet risen among us; but that the matter of contempts had been discussed repeatedly in the United States, and have referred him to your ‘Commentaries on the Constitution’ for the completest view of the subject. The Attorney further asked me to write to you, to ascertain if you were aware of any
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1 Lord Ebrington, second Earl of Fortescue, 1783-1861. He was M. P. for North Devon in 1838. He moved, in 1831, the address of confidence in Lord Grey's administration; was Lord-Lieutenant of Ireland from April, 1839, to September, 1841. Sumner received kindly attentions from him during his visit to England in 1857.
2 1786-1863. He represented Coventry in Parliament from 1818 (except from 1826 to 1830) until his death; was, in 1830, joint Secretary of the Treasury, and the ‘Whip’ of the Whigs in the House of Commons; and Secretary of War for a short time in Lord Melbourne's ministry. His first wife was the sister of Earl Grey, and his second the widow of the Earl of Leicester. He was much interested in French affairs, and was the partisan of Thiers. ‘Greville Memoirs,’ Chap. XXXII., Jan. 19, 1837. Sumner met him on his visit to England in 1857.
3 This controversy is described at length in ‘Life of Lord Denman,’ Vol. II. pp. 36-62, 228-231. It disturbed permanently the relations of the Chief-Justice (Denman) and the Attorney-General (Campbell). The case is reported in Adolphus and Ellis's Reports, Vol. IX. pp. 1-243 (argued April 23, 24, and 25, and May 28, 1839, and opinions given May 31); and Vol. XI. pp. 253-300 (heard Jan. 11 and 27, 1840). Sumner referred to it in his speech of June 15, 1860, on the imprisonment of Thaddeus Hyatt, under an order of the Senate. Works, Vol. IV. p. 439.
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