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CAMPBELL, JOHN CAMPBELL, BARON (1779-...

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Originally appearing in Volume V05, Page 130 of the 1911 Encyclopedia Britannica.
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CAMPBELL, See also:JOHN CAMPBELL, See also:BARON (1779-1861) , See also:lord See also:chancellor of See also:England, the second son of the Rev. See also:George Campbell, D.D., was See also:born on the 17th of See also:September 1779 at See also:Cupar, See also:Fife, where his See also:father was for fifty years See also:parish See also:minister. For a few years Campbell studied at the See also:United See also:College, St See also:Andrews. In 1800 he was entered as a student at See also:Lincoln's See also:Inn, and, after a See also:short connexion with the See also:Morning See also:Chronicle, was called to the See also:bar in 18o6, and at once began to See also:report cases decided at nisi See also:Arius (i.e. on See also:jury trial). Of these Reports he published altogether four volumes, with learned notes; they extend from Michaelmas 1807 to Hilary 1816. Campbell also devoted himself a See also:good See also:deal to criminal business, but in spite of his unceasing See also:industry he failed to attract much See also:attention behind the bar; he had changed his See also:circuit from the See also:home to the See also:Oxford, but briefs came in slowly, and it was not till 1827 that he obtained a See also:silk See also:gown and found himself in that " front See also:rank " who are permitted to have See also:political aspirations. He unsuccessfully contested the See also:borough of See also:Stafford in 1826, but was elected for it in 183o and again in 1831. In the See also:House he showed an extraordinary, sometimes an excessive zeal for public business, speaking on all subjects with See also:practical sense, but. on none with eloquence or spirit. His See also:main See also:object, however, like that of See also:Brougham, was the amelioration of the See also:law, more by the abolition of cumbrous technicalities than by the assertion of new 'and striking principles. Thus his name is associated with the Fines and Recoveries Abolition See also:Act 1833; the See also:Inheritance Act 1833; the See also:Dower Act 1833; the Real See also:Property See also:Limitation Act 1833; the See also:Wills Act 1837; one of the See also:Copyhold See also:Tenure Acts 1841; and the judgments Act 1838. All these See also:measures were important and were carefully See also:drawn; but their merits cannot be explained in a See also:biographical See also:notice. The second was called for by the preference which the See also:common law gave to a distant See also:collateral over the See also:brother of the See also:half-See also:blood of the first purchaser; the See also:fourth conferred an indefeasible See also:title on adverse See also:possession for twenty years (a See also:term shortened by Lord See also:Cairns in 1875 to twelve years); the fifth reduced the number of witnesses required by law to attest wills, and removed the vexatious distinction which existed in this respect between freeholds and copyholds; the last freed an See also:innocent debtor from imprisonment only before final See also:judgment (or on what was termed See also:mesne See also:process), but the principle stated by Campbell that only fraudulent debtors should be imprisoned was ultimately given effect to for England and See also:Wales in 1869.' In one of his most cherished See also:objects, however, that of See also:Land See also:Registration (q.v.), which formed the theme of his See also:maiden speech in See also:parliament, Campbell was doomed to disappointment.

His most important See also:

appearance as member for Stafford was in See also:defence of Lord John See also:Russell's first Reform See also:Bill (1831). In a temperate and learned speech, based on See also:Fox's See also:declaration against constitution-mongering, he supported both the enfranchising and the disfranchising clauses, and easily disposed of the cries of " See also:corporation See also:robbery,'? " See also:nabob See also:representation," " opening for See also:young men of See also:talent," &c. The following See also:year (1832) found Campbell See also:solicitor-See also:general, a See also:knight and member for See also:Dudley, which he represented till 1834:. In that year he became See also:attorney-general and was returned by See also:Edinburgh, for which he sat till 1841.2 His political creed declared upon the hustings there was that of a moderate Whig. He maintained the connexion of See also:church and See also:state, and opposed triennial parliaments and the See also:ballot. In parliament he continued to lend the most effective help to the Liberal party. ,His speech in 1835 in support of the See also:motion for inquiry into the Irish Church temporalities with a view to their partial See also:appropriation for See also:national purposes (for disestablishment was not then dreamed of as possible) contains much terse See also:argument, and no doubt contributed to the fall of See also:Peel and the formation of the See also:Melbourne See also:cabinet. The next year Campbell had a fierce encounter with Lord See also:Stanley in the debate which followed the motion of T. See also:Spring See also:Rice(afterwards Lord Mont See also:eagle) on the repair and See also:maintenance of parochial churches and chapels. The legal point in the dispute (which Campbell afterwards made the subject of a See also:separate pamphlet) was whether the church-wardens of the parish, in the See also:absence of the See also:vestry, had any means of enforcing a See also:rate except the antiquated See also:interdict or ecclesiastical censure. It was not on legal technicalities, however, but on the broad principle of religious equality, that Campbell supported the abolition of church rates, in which he included the Edinburgh See also:annuity-tax.

In the same year he spoke for Lord Melbourne, in the See also:

action (thought by some to be a political See also:conspiracy 3) which the Hon. G. C. See also:Norton brought against the Whig premier for criminal conversation with his wife. At this See also:time also he exerted himself for the reform of See also:justice in the ecclesiastical courts, for the uniformity of the law of See also:marriage (which he held should be a purely See also:civil See also:contract) and for giving prisoners charged with See also:felony the benefit of counsel. His defence of The Times See also:news-See also:paper, which had accused See also:Sir John Conroy, See also:equerry to the duchess of See also:Kent, of misappropriation of See also:money (1838), is chiefly remarkable for the confession—" I despair of any See also:definition of See also:libel which shall exclude no publications which ought to be suppressed, and include none which ought to be permitted." His own definition of blasphemous libel was enforced in the r Two of his later acts, allowing the See also:defendant in an action for libel to prove veritas, and giving a right of action to the representatives of persons killed through See also:negligence, also deserve mention. 2 Greville in his ,See also:Memoirs says that Campbell got this See also:post on See also:condition that he should not expect the See also:ordinary promotion to the See also:bench, a condition which, it if were so, he immediately violated by claiming the See also:vice-chancellorship on the See also:death of Sir John Leach. See also:Pepys (Lord See also:Cottenham) and See also:Bickersteth (Lord Langdale) were both promoted to the bench in preference to Campbell. 3 " There can be no doubt that old Wynton was at the bottom of it all, and persuaded Lord See also:Grantley to urge it on for See also:mere political purposes."—Greville, iii. 351. See also:prosecution which, as attorney-general, he raised against the bookseller H. Hetherington, and which he justified on the singular ground that " the vast bulk of the See also:population believe that morality depends entirely on See also:revelation; and if a doubt could be raised among them that the ten commandments were given by See also:God from See also:Mount See also:Sinai, men would think they were at See also:liberty to steal, and See also:women would consider themselves absolved from the restraints of chastity." But his most distinguished effort at the bar was undoubtedly the speech for the House of See also:Commons in the famous See also:case of Stockdale v.

See also:

Hansard, 1837, 7 C. and P. 731. The Commons had ordered to be printed, among other papers, a report of the inspectors of prisons on Newgate; which stated that an obscene See also:book, published by Stockdale, was given to the prisoners to read. Stockdale sued the Commons' publisher, and was met by the plea of See also:parliamentary See also:privilege, to which, however, the See also:judges did not give effect, on the ground that they were entitled to define the privileges of the Commons, and that publication of papers was not essential to the functions of parliament. The See also:matter was settled by an act of 184o. In 184o Campbell conducted the prosecution against John See also:Frost, one of the three Chartist leaders who attacked the See also:town of See also:Newport, all of whom were found guilty of high See also:treason. We may also mention, as matter of See also:historical See also:interest, the case before the high steward and the House of Lords which arose out of the See also:duel fought on See also:Wimbledon Common between the See also:earl of See also:Cardigan and See also:Captain See also:Harvey Tuckett. The law of course was clear that the " punctilio which swordsmen falsely do See also:call See also:honour " was no excuse for wilful See also:murder. To the astonishment of everybody, Lord Cardigan escaped from a See also:capital See also:charge of felony because the full name of his antagonist (Harvey See also:Garnett Phipps Tuckett) was not legally proved. It is difficult to suppose that such a blunder was not preconcerted. Campbell himself made the extraordinary declaration that to engage in a duel which could not be declined without See also:infamy (i.e. social disgrace) was " an act See also:free from moral turpitude," although the law properly held it to be wilful murder. Next year, as the Melbourne See also:administration was near its See also:close, See also:Plunkett, the See also:venerable chancellor of See also:Ireland, was forced by discreditable pressure to resign, and the Whig attorney-general, who had never practised in See also:equity, became chancellor of Ireland, and was raised to the See also:peerage with the title of Baron Campbell of St Andrews, in the See also:county of Fife.

His wife, See also:

Mary See also:Elizabeth Campbell, the eldest daughter of the first Baron See also:Abinger by one of the Campbells of Kilmorey, See also:Argyllshire, whom he had married in 1821, had in 1836 been created Baroness Stratheden in recognition of the withdrawal of his claim to the mastership of the rolls. The post of chancellor Campbell held for only sixteen days, and then resigned it to his successor Sir See also:Edward Sugden (Lord St Leonards). The circumstances of his See also:appointment and the erroneous belief that he was receiving a See also:pension of 4000 per annum for his few days' See also:court See also:work brought Campbell much unmerited obloquy). It was during the See also:period 1841-1849, when he had no legal See also:duty, except the self-imposed one of occasionally See also:hearing Scottish appeals in the House of Lords, that the unlucky See also:dream of See also:literary fame troubled Lord Campbell's leisure.' Following in the path struck out by See also:Miss See also:Strickland in her Lives of the Queens of England, and by Lord Brougham's Lives of Eminent Statesmen, he at last produced, in 1849, The Lives of the Lord Chancellors and Keepers of the See also:Great See also:Seal of England, from the earliest times till the reign of See also:King George IV., 7 vols. 8vo. The conception of this work is magnificent; its See also:execution wretched. Intended to evolve a See also:history of See also:jurisprudence from the truthful portraits of England's greatest lawyers, it merely exhibits the See also:ill-digested results of desultory learning, without a trace of scientific symmetry or literary See also:taste, without a spark of that divine imaginative sympathy which alone can give flesh and spirit to the dead bones of the past, and without which the See also:present 1 See thereon J. B. Atlay, The Victorian Chancellors (1908), vol. ii. pI^ 2In 1842 he published the Speeches of Lord Campbell at the Bar and in the House of Commons, with an Address to the Irish Bar as Lord Chancellor of Ireland (Edin., See also:Black).becomes an unintelligible See also:maze of mean and selfish ideas.. A charming See also:style, a vivid See also:fancy, exhaustive See also:research, were not td be expected from a hard-worked See also:barrister; but he must certainly be held responsible for the frequent plagiarisms, the still more frequent inaccuracies of detail, the See also:colossal vanity which obtrudes on almost every See also:page, the hasty insinuations against the memory of the great departed who were to him as giants, and the See also:petty sneers which he condescends to See also:print against his own contemporaries, with whom he was living from See also:day to day on terms of apparently sincere friendship. These faults are painfully apparent in the lives of See also:Hardwicke, See also:Eldon, See also:Lyndhurst and Brougham, and they have been pointed out by the biographers of Eldon and by Lord St Leonards.1 And yet the book is an invaluable repertory of facts, and must endure until it is superseded by something better.

It was followed by the Lives of the See also:

Chief Justices of England, from the See also:Norman See also:Conquest till the death of Lord See also:Mansfield, 8vo, 2 vols., a book of similar construction but inferior merit. It must not be supposed that during this period the literary lawyer was silent in the House of Lords. He spoke frequently. The 3rd See also:volume of the Protests of the Lords, edited by Thorold See also:Rogers (1875), contains no less than ten protests by Campbell, entered in the years 1842-1845. He protests against Peel's Income Tax Bill of 1842; against the See also:Aberdeen Act 1843, as conferring undue See also:power on church courts; against the perpetuation of diocesan courts for See also:probate and administration; against Lord Stanley's absurd bill providing See also:compensation for the destruction of fences to dispossessed Irish tenants; and against the Parliamentary Proceedings Bill, which proposed that all bills, except money bills, having reached a certain See also:stage or having passed one House, should be continued to next session. The last he opposed because the proper remedy See also:lay in resolutions and orders of the House. He protests in favour of Lord Mont-eagle's motion for inquiry into the sliding See also:scale of See also:corn duties; of Lord See also:Normanby's motion on the See also:queen's speech in 1843, for inquiry into the state of Ireland (then wholly under military occupation); of Lord See also:Radnor's bill to define the constitutional See also:powers of the home secretary, when Sir See also:James See also:Graham opened Mazzini's letters. In 1844 he records a solitary protest against the judgment of the House of Lords in R. v. Millis, 1844, ro Cla. and Fin. 534, which affirmed that a See also:man regularly married according to the See also:rites of the Irish Presbyterian Church, and afterwards regularly married to another woman by an episcopally ordained clergyman, could not be convicted of See also:bigamy, because the See also:English law required for the validity of a marriage that it should be performed by an ordained See also:priest. On the resignation of Lord See also:Denman in i85o, Campbell was appointed chief justice of the queen's bench. For this post he was well fitted by his knowledge of common law, his habitual attention to the pleadings in court and his power of clear statement.

On the other See also:

hand, at nisi Arius and on the criminal circuit, he was accused of frequently attempting unduly to See also:influence juries in their estimate of the credibility of See also:evidence. It is also certain that he liked to excite See also:applause in the galleries by some platitude about the " glorious Revolution " or the " See also:Protestant See also:succession." He assisted in the reforms of See also:special See also:pleading at See also:Westminster, and had a recognized See also:place with Brougham and Lyndhurst in legal discussions in the House of Lords. But he had neither the generous temperament nor the breadth of view which is required in the See also:composition of even a mediocre statesman. In 1859 he was made lord chancellor of Great See also:Britain, probably on the understanding that Bethell should succeed as soon as he could be spared from the House of Commons. His short tenure of this See also:office calls for no remark. In the same year he published in the See also:form of a See also:letter to See also:Payne See also:Collier an amusing and extremely inconclusive See also:essay on See also:Shakespeare's legal acquirements. One passage will show the conjectural It was of this book that Sir See also:Charles Wetherell said, referring to its author, " and then there is my See also:noble and biographical friend who has added a new terror to death." See Misrepresentations in See also:Camp-See also:bell's " Lives of Lyndhurst and Brougham" corrected by St Leono°ds (See also:London, 1869). t1 v. 5 process which runs through the book: " If Shakespeare was really articled to a See also:Stratford attorney, in all See also:probability, during the five years of his clerkship, he visited London several times on his See also:master's business, and he may then have been introduced to the See also:green-See also:room at Blackfriars by one of his See also:country-men connected with that See also:theatre." The only See also:positive piece of evidence produced is the passage from See also:Thomas See also:Nash's " See also:Epistle to the Gentlemen of the Two See also:Universities," prefixed to See also:Greene's See also:Arcadia, 1859, in which he upbraids somebody (not known to be Shakespeare) with having See also:left the " See also:trade of Noverint " and busied himself with " whole Hamlets " and " handfuls of tragical speeches." The knowledge of law shown in the plays is very much what a universal observer must have picked up. Lawyers always underestimate the legal knowledge of an intelligent layman. Campbell died on the 23rd of See also:June 1861. It has been well said of him in explanation of his success, that he lived eighty years and preserved his digestion unimpaired.

He had a hard See also:

head, a splendid constitution, tireless industry, a generally judicious See also:temper. He was a learned, though not a scientific lawyer, a faithful political adherent, thoroughly honest as a See also:judge, dutiful and happy as a See also:husband. But there was nothing admirable or heroic in his nature. On no great subject did his principles rise above the See also:commonplace of party, nor had he the magnanimity which excuses rather than aggravates the faults of others. His See also:life was the See also:triumph of steady determination unaided by a single brilliant or attractive quality.

End of Article: CAMPBELL, JOHN CAMPBELL, BARON (1779-1861)

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