His lordship was the first Scotsman who ever sat on
the bench as Chief Justice of the Court of Common Pleas, or held the
appointment of Lord High Chancellor of Great Britain.
Alexander Wedderburn was born at Chesterhall, in East
Lothian, in 1733. His father, Peter "Wedderburn, Esq. of Chesterhall,
was a Senator of the College of Justice ; and his great-grandfather, Sir
Peter Wedderburn of Gosford, had held a similar appointment in the reign
of Charles II. He received the first rudiments
of education at the village school of Dalkeith, where his conduct was
such as to merit the unqualified approbation of his teacher.
Young Wedderburn subsequently studied, at the
University of Edinburgh ; and so rapid was his progress in the various
academical acquirements, that he was admitted to the bar at the
precocious age of nineteen. Even at this early period he was fast rising
into practice, when an incident occurred, which altogether changed his
views and sphere of action. "He had gained the cause of a client," says
his biographer, "in opposition to the celebrated Lockhart (Lord
Covington), when the defeated veteran, unable to conceal his chagrin,
took occasion, from something in the manner of Mr. Wedderburn, to call
him a 'presumptuous boy. The sarcastic severity of the young
barrister's reply drew upon him so illiberal a rebuke from one of the
judges, that he immediately unrobed, and, bowing to the Court, declared
that he would never more plead where he was subjected to insult."
Following up this resolution, Wedderburn instantly
proceeded to London, where that respect is invariably shown to the
members of the bar to which they are justly entitled. He enrolled
himself a member of the Inner Temple, and was admitted to the bar in
1757. The step thus taken was certainly a hazardous one for an
individual without friends or patronage, and comparatively without
fortune. His talents, however, soon made way for him; and he very
speedily attained to eminence. Among the first cases of any note in
which he was employed, was that of Lord Olive (many years
Governor-General of India), who, after nearly sixteen years' residence
at home, was arraigned before Parliament upon charges of undue
appropriation. He was eminently successful in the vindication of Lord
Olive, and obtained a verdict of acquittal. His appearance in the House
of Lords, as one of the counsel in the great Douglas cause, tended
greatly to increase his professional reputation, and secured for him the
friendship of the premier, Lord Bute. Shortly after the decision of this
appeal, Mr. Wedderburn was brought into Parliament for the Inverary
district of burghs, which he represented for several years; and, in
1774, having been chosen for two English boroughs, he became member for
Oakhampton. In the House of Commous he proved himself an able debater,
and was one of the chief defenders of the Grafton administration, in
opposition to Burke, who had thrown all the force of his eloquence into
the Rockingham interest.
The ready talent, and acute and logical reasoning of
Wedderburn, were fully appreciated by the party with which he was
associated. His rise was accordingly rapid. In 1771, he was promoted to
the office of Solicitor-General; and, in 1773, succeeded Thurlow as
Attorney-General. While holding this appointment, in 1774, he appeared,
in opposition to the famous Dr. Franklin, before the Privy Council in
favour of the Governors of Massachusetts Bay, whom the Americans and
Franklin, as their representative, were petitioning to depose. The
speech of Wedderburn before the Council has been censured for its
"sweeping bitterness" towards the philosopher; but it is at the same
time an excellent specimen of his eloquence; and quite in keeping with
his known sentiments relative to the unhappy American disputes.
Much praise is conceded to the Attorney-General for
the promptness and decision of character which he manifested during the
memorable riots in London of 1780. All the municipal force of the city
had been overpowered, and the capital was in the hands of a lawless mob.
In this emergency, the King summoned a meeting of the Privy Council; and
the question was—whether military force could be constitutionally
employed without the delay and forms necessaiy in common cases of riot ?
Wedderburn at once gave his opinion in tho affirmative. "Is that your
declaration as Attorney-General?" inquired the King. "Yes, Sire,
decidedly so." "Then let it be," said his Majesty. Wedderburn instantly
drew up the order of Council accordingly; and, in a few hours, the riots
were quelled, and the capital, already partially in flames, saved from
inevitable destruction.
Immediately after this event Mr. Wedderburn was
appointed Chief Justice of the Court of Common Pleas, in the room of
Lord Walsingham, and created a Peer by the title of Baron Loughborough
of Loughborough, in the county of Leicester. In the capacity of Chief
Justice his lordship presided at the trial of the rioters, of whom
twenty-six were condemned and executed. His charge to the jurors on this
occasion has been eulogised by some as replete with "reasoned
eloquence;" while others beheld in it au extent and latitude of
principle inconsistent with the letter of the law. "The precipitate and
indiscriminate severity of the sentences passed in his judicial
capacity, by this magistrate, upon the rioters," says one writer, "far
exceeded anything known in this country since the days of Judge
Jeffries; such, indeed, as left the memory of these transactions
impressed upon the public mind in indelible characters of blood." This
to a certain extent maybe true; but while we consider the amount of
punishment, the magnitude of the crime ought not to be overlooked.
If the conduct of the Chief Justice is liable to any
degree of censure in this instance, it must be admitted, even by the
most iuveterate of his political adversaries, that, on the bench, his
decisions were characterised by an uprightness and independence
sufficiently illustrative of his integrity, and the deep veneration in
which he held the liberty of the subject. We may instance a case of
false imprisonment—Burgess v. Addington, (the former, an obscure
publican; the latter, one of the Justices of Bow Street.) In palliation
of the conduct of Justice Addington, it was contended, that it was the
usual practice to commit for farther examination, owing to the extent of
business which the Justice had to transact. Lord Loughborough expressed
himself with great energy and warmth :—
"The law," said his lordship, "would not endure such
practices. It was an abominable practice, when men were taken up only on
suspicion, to commit them to gaol and load them with irons, and
this before any evidence was given against them. Here the commitment
stated no offence, but a suspicion of an offence; and a man was thrown
into gaol for five days, for the purpose of farther examination, because
the magistrate had not time to do justice. It was a mode of
proceeding pregnant with all the evils of an ex post facto law;
the constitution abhorred it; and from him it should ever meet with
reprobation. He knew the abominable purposes to which such proceedings
might be perverted. No man was safe if justices were permitted to keep
back evidence on the part of the accused. It was not in his power to
punish the Justice, that authority lay with another court; but he would
not allow such a defence to be set up before him as a legal one. The
commitment stated a lie; for, though there had been an accusation
upon suspicion, there had been no information taken upon oath. Men who
had not time to do justice should not dare to act as magistrates. This
man should not be permitted to act. The liberty of the subject was in
question. It was a practice from which more evil must result than could
be cured even by the suppression of offences. The purpose of committing
for farther examination, was clearly to increase the business of the
office, at the expense of men's characters, and every valuable privilege
and consideration."
In 1783, Lord Loughborough formed one of the
short-lived Coalition Ministry, by being appointed First Commissioner of
the Great Seal. The fate of this administration is well known; and, from
the period of its disruption, which speedily followed that of its
formation, his lordship remained out of office till 1793. In the course
of the ten years which intervened, the important question of the Regency
had been agitated with all the zeal of contending factions. Lord
Loughborough at once espoused the cause of the Prince of Wales; and from
his knowledge of law, and the constitution, gave a weight and authority
to that side of the question which all the eloquence of Pitt, and sound
sterling sense of Dundas, would have been unable much longer to have
withstood, when the recovery of the King happily removed them from their
difficulties.
The Chief Justice stood opposed to the administration
of Pitt; until the violent nature of the Revolution in France induced
him and other individuals of his party to join the ministerial ranks. He
was almost immediately invested with the high office of Lord Chancellor;
and to the influence which he thus acquired in the councils of his
Majesty, are to be attributed many of those vigorous and decisive
measures which were subsequently adopted by the Government.'
Lord Loughborough held the Chancellorship till 1801,
when he was created Earl of Rosslyn, with a remainder to his two
nephews; and, nearly worn out with the fatigues of a long and active
career, he retired altogether from public life, carrying with him the
highest esteem of his sovereign, by whom he continued to be honoured
with every mark of respect. "During the brief interval allowed to him
between the theatre of public business and the grave, he paid a visit to
Edinburgh, from which he had been habitually absent for nearly fifty
years. With a feeling quite natural, perhaps, but yet hardly to be
expected in one who had passed through so many of the more elevated of
the artificial scenes of life, he caused himself to be carried in a
chair to an obscure part of the Old Town, where he had resided during
the most of his early years. He expressed a particular anxiety to know
if a set of holes in a paved court before his father's house, which he
had used for some youthful sport, continued in existence; and, on
finding them still there, it was said that the aged statesman was moved
almost to tears."
His lordship died on the 2nd January, 1805. His
demise is thus announced in the journals of the period:—
"At his seat at Baylis, near Salthill, in Berkshire,
aged seventy-two, the Right Hon. Alexander Wedderburn, Earl of Rosslyn,
Baron of Loughborough, in Leicestershire, and Baron Loughborough, in
Surrey. His lordship had been long subject to the gout; but for some
weeks past he was so much recovered as to visit round the neighbourhood;
and on Tuesday night, January 1, accompanied the Countess to her
Majesty's fete at Frogmore.
"Next morning his lordship rode on horseback to visit
several of the neighbouring gentlemen ; and, after his return to Baylis,
went in his carriage to Bulstrode to visit the Duke of Portland, and
returned home apparently in perfect health. At six o'clock, as his
lordship sat at table, he was suddenly seized with a fit of the
appoplectic kind, and fell speechless in his chair. At twelve o'clock he
expired.
"His lordship married, 31st December, 1767, Betty
Anne, only daughter and sole heiress of John Dawson, Esq., of Morley, in
Yorkshire, who died 15th February, 1781. He had no issue. His second
lady whom he married, 12th September, 1782, was the youngest daughter of
"William Viscount Courtenay, by whom he had a son, born 2nd October,
1798, and since dead. By a second patent, October 31, 1795, he was
created Baron Loughborough, in the county of Surrey, with remainders
severally and successively to Sir James St. Clair Erskine, Bart., and to
John Erskine, his brother; and, by a patent, April 21, 1801, Earl of
Rosslyn, in the county of Mid-Lothian, to him and his heirs-male, with
remainder to the heirs-male of Dame Janet Erskine, deceased, his sister.
He is succeeded in the title by his nephew, Sir James St. Clair Erskine,
Bart. The remains of the Earl were interred in St. Paul's Cathedral."
In private life, Lord Loughborough was esteemed a
most agreeable companion. The early friendships which he formed during
his connection with the Select Society of Edinburgh, among whom were
Robertson, Blair, Smith, and Hume, he continued to cherish with fondness
throughout the bustle of his after life.
The only literary productions of his lordship
were—Critiques on Barclay's Greek Grammar, the Decisions of the Supreme
Court, and the Abridgement of the Public Statutes, which appeared in the
Edinburgh Review, 1755. In 1793, he published a Treatise on the
Management of Prisons ; and subsequently a Treatise on the English Poor
Laws, addressed to a clergyman. [Only two numbers of the Edinburgh
Review were published. The editors were Blair, Robertson, &c]
The public character of his lordship has been
variously represented, according to the political sentiments and
prejudices of his contemporaries. Few statesmen, during the "chopping
and changing" of last century, escaped the satirical lash of the
Opposition ; and with such men as the "wary Wethlerburn," in the absence
of other topics, national reflections were found a never-failing
resource for the wits of the day; hence he is described by Churchill as—
"A pert, prim prater, of the northern race; Guilt in
his heart, and famine in his face."
Wraxall, who cannot be charged with too much
partiality for the "northern race," in the Memoirs of his own Times,
thus sums up the character of the statesman:—"Loughborough
unquestionably was one of the most able lawyers, accomplished
parliamentary orators, and dexterous courtiers, who flourished under the
reign of George the Third; yet, with the qualities here enumerated, he
never approved himself a wise, judicious, or enlightened statesman. His
counsels, throughout the whole period of the King's malady, were, if not
unconstitutional, at least repugnant to the general sense of Parliament,
and of the country—violent, imprudent, and injurious to the cause that
he espoused. In 1793, when he held the Great Seal, and sat in cabinet,
it was universally believed that the siege of Dunkirk—one of the most
fatal measures ever embraced by the allies—originated with Lord
Loughborough. Nevertheless, his legal knowledge, experience, and
versatile talents, seemed eminently to qualify him for guiding the
heir-apparent at a juncture when, if the King should not speedily
recover, constitutional questions of the most novel, difficult, and
important nature must necessarily present themselves."
Here we find all that can be plausibly urged
against the public character of Lord Loughborough, while a great
deal is admitted in his favour. The imprudence attributed to his
counsels is hypothetical, and might be urged with as much propriety
against any other public man of equal genius and decision of character.