Memoirs of James Robert Hope-Scott Part 11

He was, indeed, himself not insensible to this contrast, and had early marked off from purely secular pursuits that choice and precious portion of his time which could be reserved for higher objects. An interesting pa.s.sage in a letter of his to Mr. Gladstone (dated from Lincoln's Inn, June 25, 1841) will ill.u.s.trate this feeling by a phrase which I italicise, as I believe he was fond of using it: 'My reason for staying in town is to read ecclesiastical law, and to prepare (if so be) for election committees.

_The former branch I reckon my flower-garden, the latter my cabbage- field.'_ [Footnote: See letter of Mr. Gladstone to Miss Hope-Scott, Appendix III.] When Anglicanism and its inst.i.tutions had broken down under him, and others not as yet come in their place, he sought in the purely temporal works of his calling perhaps a refuge from doubts, certainly a means of sanctification; and either alternative explains the issue. A religious mind could never succeed in silencing religious difficulty by earthly pursuits, but in whatever measure it sought to sanctify the latter, would be led onwards to the faith. The following pa.s.sage from a letter of the then Archdeacon Manning (now Cardinal Archbishop of Westminster) to Mr.

Hope (dated Dec. 9, 1842) will show that this ardent and restless application to his profession was watched at the time by Mr. Hope's friends with some degree of anxiety and surprise. The kind and wise admonitions it conveys, only distantly indeed bearing on the religious side of the question, many may read with much profit:--

As a bystander I see you working too much, and looking at times overwrought; and I ask myself, what is this man's aim? It must needs be something very high and far off to need all this unremitting tension of mind. I do much wish to see you more relaxed, and with more play. I know it is a more difficult attainment to be able both to work intensely and to relax thoroughly. But without it a man deteriorates. He becomes a keen, case-hardened tool, and no man. Our friends the Germans are not far wrong when they talk about developing what is universal in man, i.e. his humanity, which is a whole, and must be unfolded as a whole to be perfect, or even to approximate perfection. You will burn this if I go on, so I will leave you to Lancilotti.

Believe me ever yours affectly,

H. E. MANNING.

The field finally adopted by Mr. Hope was the _Parliamentary Bar_, at which, as we have seen, he had practised to a certain extent from the first, though with considerable interruption from the legal and financial affairs of his college and the Sarum Chancery, as well as other weighty business, including in 1839 services rendered as Counsel to the Government in the preparation of the Foreign Marriages Bill; in 1843 of the Consular Jurisdiction Bill, the report which he furnished on which, to be seen in the Parliamentary Records, would alone have been sufficient to have made a great reputation in that particular line; and in 1843-44 he was engaged by Government in the matter of the Franco-Mexican arbitration to prepare a report on some points in dispute between France and Mexico, which had been submitted to the arbitration of Great Britain. I presume that his retainers in these cases would be princ.i.p.ally due to the fact that his brother, Mr.

George W. Hope, was now a member of the Government as Under Secretary of State for the Colonies in Sir Robert Peel's administration. But the 'fame'

that had already gone abroad regarding him, particularly for his learning in all matters that touched ecclesiastical law, would have been sure, independently of private interest, to have brought him early into prominence. The Ecclesiastical Courts Bill in 1843 engaged much of his attention, and his share in the legal business connected with troubles of that year at Oxford has been noticed in its place. On October 26, 1843, he took his degree of D.C.L. at Oxford. In 1844, at the suggestion of the Bishop of London (Right Rev. Dr. Blomfield), he was accepted by the Lord Chancellor as one of the persons to consider the chapter on offences against religion and the Church in the proposed Code of Criminal Law.

In a short, time, however, his practice seems to have merged in the department with which his name is princ.i.p.ally connected, that of railway pleading. This branch of the profession, though affording little or no scope for those powers of oratory which his first speech before the Lords showed that he possessed, nor yet opening those avenues to power and fame which usually tempt minds of his cla.s.s, were undoubtedly highly lucrative, and by this time Mr. Hope's charities must have nearly exhausted his modest patrimony. It had also one great advantage, in its business being princ.i.p.ally confined to the Parliamentary session, thus leaving him free to travel six months in the year. I have seen it stated that in conversation with a friend he gave this as his chief reason for adopting it. He may have said so half in jest; but there can, I believe, be little doubt that a far deeper reason was that the Parliamentary bar was likely to present fewer cases of difficulty in point of conscience than he would have had to encounter in the Common Law courts.

It is needless to mention, except for the sake of the few persons who may not happen to have even that superficial acquaintance with the subject which newspaper reading can supply, that advocates practising at the Parliamentary bar are engaged in pleading for or against the private bills referred to committees of Parliament, relating, for example, to railways, ca.n.a.ls, docks, gas-works, and the like. These are each referred to a committee of five, supposed to represent the whole House; witnesses of course are examined, and counsel heard on behalf of the companies or individuals concerned. To plead before a tribunal of such a nature and on such interests evidently demands qualifications of a special kind. Mr. Hope possessed some external ones which are by no means unimportant. His n.o.ble presence, in the first place, gave him a great advantage; and a known name and known antecedents like his were also additional recommendations of great value. Then came his tact, clearness of intellect, memory for names and details, his moral qualities, especially his perfect sense of honour, which gained him the ear of the committees, and, what is still more difficult, enabled him to keep it.

Mr. Hope then very early attained to the front rank in his profession, and on the retirement of Mr. Charles Austin, Q.C. (1848), and the deaths of Sergeant Wrangham (_d_. March 1869) and Mr. John C. Talbot, Q.C.

(_d_. 1852), may be said to have had no rival in reputation or practice until the present Sir E. B. Denison 'gradually began to compete with him on not unequal terms.' Mr. St. George Burke, Q.C., Mr. Merewether, Q.C., and Mr. Rodwell, Q.C., were other contemporaries of his, who all had a large practice and great reputation, but were, I believe, as seldom as possible pitted against Mr. Hope-Scott.

Early in 1849 Mr. Hope received a patent of precedence, ent.i.tling him to rank with her Majesty's counsel; and in April of that year attended the levee as Q.C. It was at his own request that the dignity of the silk gown was conferred upon him in this form; and his reason was a conscientious difficulty about taking the oath of supremacy so far as it denied the papal authority, ecclesiastical or civil, as existing _de facto et de jure_ in the realm. He states his difficulty in a letter to Mr. Badeley (February 23, 1849), as follows:--

That the Pope _does_ exercise jurisdiction in this country is notorious; and that he ought to do so over R. Catholics seems to be admitted by the present state of the law as to that church. The oath, then, cannot be taken as it was originally meant, and the only sense in which I think it can be accepted is, that the Pope has not, nor without consent of the Legislature ought to have, an external coercive power over the Queen's subjects.

But this compromise did not satisfy him, and he therefore refused the silk gown, except under the conditions previously stated, which did not require him to take the oath of supremacy at all. His request for the patent of precedence, and his reasons for wishing it, were conveyed through a legal friend to the then Lord Chancellor, Lord Cottenham, who made no difficulty whatever in granting it. The following anecdote will amuse the reader. When the Chancellor had to report to the Premier (Lord John Russell) the various appointments he had made, Lord John asked Lord Cottenham why he had given Mr. Hope-Scott a patent of precedence instead of making him a Q.C. On the Chancellor's replying that he had done it because of Mr. Hope-Scott's scruples about the oath, Lord John exclaimed, 'That's more than I would have done.'

Such ill.u.s.trations of Mr. Hope-Scott's professional success as I have been able to collect, either from oral sources or correspondence, may fitly be introduced by a valuable paper on his characteristics as an advocate by Mr.

G. S. Venables, Q.C. It is obviously drawn up with great care and reflection by a skilled observer, who had the best opportunities for arriving at a correct judgment. I omit the two opening paragraphs, the princ.i.p.al facts contained in which have been given in a former page.

CRITICISM ON MR. HOPE-SCOTT'S CHARACTERISTICS AS A PLEADER. BY G. S.

VENABLES, ESQ., Q.C.

The Bar is exempt from envy of merited success, and Mr. Hope-Scott's undisputed pre-eminence never provoked a feeling of personal jealousy.

Though he cultivated little intimacy with his professional a.s.sociates, his courtesy and good humour never failed; and he showed due appreciation of the services a leader requires from his junior colleagues.

His singularly attractive appearance produced its natural effect in conciliating those around him, and the pleasant and cheerful manner which nevertheless repelled familiarity tended to make him generally popular.

The most remarkable forensic qualities of Mr. Hope-Scott were facility, prudence, and grace of language and manner. The subtlety of his intellect, if it had been ostentatiously displayed, might perhaps have impaired the confidence which he had the art of inspiring. Inexperienced members of the tribunals before which he practised were tempted to forget that he was an advocate, while they listened to the perspicuous statements which led up with apparent absence of design to a carefully premeditated conclusion. It could never be suspected from his manner that he was constantly supporting a paradox, or that he antic.i.p.ated defeat.

When he had occasion in successive contests to maintain opposite propositions, it seemed that the circ.u.mstances of the case, not the position of the advocate, had been changed.

In Parliamentary practice there is no room for the more ambitious kinds of eloquence, nor can it be known whether Mr. Hope-Scott would have been capable of elevated declamation. [Footnote: Of the latter, however, two or three specimens are given in this memoir. See vol. i. (pp. 199, 200), vol.

ii. (pp. 115-118).] In dealing with questions of fact, of expediency, of equitable policy, and of complicated agreement, he has probably never been excelled. His lucid arrangement of topics, his pure polished style, and his appearance of dispa.s.sionate conviction secured the pleased attention of his audience. The more tedious parts of his argument or narrative were from time to time relieved by touches of the playfulness which is more popular than humour; but the colleagues and opponents who thoroughly understood his object, knew that it was pursued with undeviating constancy of purpose.

In the lightest of his speeches there was neither carelessness nor vacillation. Less finished advocates turn aside to indulge themselves in playing with an ill.u.s.tration or a favourite proposition, at the risk of betraying the distinction between their own natural train of thought and their immediate argument. Mr. Hope-Scott was too consummate an artist to be tempted into irrelevance or digression.

His success would not have been less complete if his practice had required him to trace the fine a.n.a.logies and close deductions of law. His intellect was admirably adapted to the comparison of precedents and to the application of legal principles. His acuteness was at the same time comprehensive and minute, and he delighted in finding appropriate expression for the nicest distinctions. When he had sometimes occasion to spend hours in contesting the clauses of a bill, he had a surprising faculty of averting the weariness which is ordinarily inseparable from the prolonged discussion of details. Professional a.s.sociates, who willingly recognised his general superiority, sometimes confessed that in the most irksome of their contests they were placed at an exceptional disadvantage in comparison of Mr. Hope-Scott's felicitous adroitness. He excelled in dealing with skilled witnesses, who were themselves from the nature of the case supplementary advocates. The object of cross-examination, where there is little serious dispute as to the facts, is to draw from the mouth of a hostile witness the other half of the story. An accurate memory, stored by abundant experience, enabled Mr. Hope-Scott to recall the history of every railway company, the expressed opinions of general managers, and the characteristics and theories of engineers. The wariest veterans needed all their caution to antic.i.p.ate the design of the friendly conversation which gradually tempted them to damaging admissions. He was slow to resort to harder modes of attack, of which he was at the same time fully capable.

Every facility was offered to a candid and confiding witness, and there was still greater satisfaction in baffling the vigilance of an adversary who was on his guard against an attack from a different quarter. A hostile witness, after an encounter with Mr. Hope-Scott, sometimes found that his answers formed a plausible argument in favour of the proposition he had intended to confute. His perplexity must have been increased when he afterwards heard his own statements reproduced in the speech of the opposing counsel. Almost the only point in which Mr. Hope-Scott could be charged with a want of caution consisted in his frequent affirmation of certain general opinions, such as the common and questionable doctrine that compet.i.tion cannot last where combination is possible. An advocate who is changing his clients is ill-advised in hampering himself with the enumeration of maxims which may from time to time be quoted against him. In such cases Mr. Hope-Scott almost converted a self-imposed difficulty into an additional resource. With marvellous ingenuity he proved that any compet.i.tion scheme which he happened to support formed an exception to the rule which he carefully rea.s.serted; and unsophisticated hearers admired the consistency with general principles which was found not to be incompatible with immediate expediency.

It is almost superfluous to say that Mr. Hope-Scott never exceeded the legitimate bounds of forensic debate. All litigated questions, and especially this species of private legislation, have two sides, and it is the business of an advocate to present in the most favourable light the cause which he is retained to defend. Deliberate sophistry is as culpable as false relations of fact; but completeness or judicial impartiality belongs to the tribunal, and not to the representative of the litigant.

When all moral scruples have been allowed their full weight, the qualifications of a great advocate are almost exclusively intellectual. It is to this part of Mr. Hope-Scott's character that I have strictly endeavoured to confine myself. It is probable that an attempt to a.n.a.lyse a distinct personal impression may have produced but a vague result. I have little doubt that, although Mr. Hope-Scott was almost unequalled in professional ability, his real life lay outside his occupation as an advocate. The grounds of the affection and admiration with which he is remembered by his family and his nearest friends have but a remote connection with the faculties and accomplishments which I have endeavoured to describe.

Another friend (Mr. H. L. Cameron), who had continual opportunities, from about the year 1859, of observing Mr. Hope-Scott's character in its professional aspect, furnishes some very interesting reminiscences, on a part of which, however, it may be worth while to observe that the versatility and pliability of intellect which the writer so well describes in Mr. Hope-Scott is no doubt more or less common to every great barrister, and is a habit to which all who are actively engaged in the profession are obliged to train their minds as they can. Still, it is equally certain that Mr. Hope-Scott possessed this faculty in an uncommon degree; and, in order to form a complete idea of him as he appeared in the eyes of his contemporaries, as well as to understand the relations of one part of his character to another, it is necessary to draw these features in considerable detail. After noticing particularly a very pleasing trait in Mr. Hope-Scott's demeanour as a leading counsel, shown in the kindness and tact with which, in consultation, he took care to prevent the inexperience or ignorance of his juniors being made apparent, and sought rather to ask them questions on points which they were likely to know something about, Mr. Cameron continues as follows:--

RECOLLECTIONS OF MR. H.L. CAMERON.

What made Mr. Hope-Scott so much loved by all who were brought into contact with him was his great amiability, thorough kindness of heart: his care was always not to hurt or wound another's feelings; and even in the heat of debate, and under great provocation, I never heard him utter an unkind word, or put a harsh construction on the conduct of any one, even an adversary.

As regards his talents, they are so universally known and admitted, that I can say very little you have not heard already. Westminster has rarely-- never certainly in later years--heard such an advocate. The secret of his great success at the bar, beyond his intellectual power, lay, I think, in a peculiar charm and fascination of manner--a manner which could invest the driest and most technical matters with interest, and compelled the attention of the hearers to the subject under discussion. The melody of his voice was, to me, one of his greatest attractions. Then, again, what a n.o.ble presence! and that goes a long way at the Bar. I can look back, and see now, as he used to walk into his room to attend some consultation, how vigorous, handsome, and stately he always appeared, bringing the force of his powerful intellect at once to bear upon the subject under consideration, doing all in such a genial manner, without any attempt at showing his mental superiority to those around him.

In those busy times he would perhaps be engaged in twenty different cases on the same day; the compet.i.tion to engage him was most keen: it was almost the first thing one thought about when clients came to consult upon a new scheme. He would go from one committee to another, by some extraordinary means always being at the place where he was most needed. It was marvellous how he kept all these matters distinct in his brain; he was never in confusion or at fault. In one room he would open a case, say an Improvement Bill, with a brilliant speech setting forth all its merits, a speech which would probably immediately impress the committee and carry the case, whatever after arguments might be urged against it, or speeches made by other counsel. Then he would go into another room, and cross-examine a skilled witness in a railway case, showing his intimate knowledge of engineering, and beating the witness perhaps on his own ground. Then he would take an Irish case, or a Gas and Water Bill, or landowner's case, whose property was about to be intersected, a ratepayer's, a carrier's, each case being thoroughly gone into, and thoroughly mastered and understood. After all this, and late in the day, when any one else would have felt fatigued and exhausted, in mind at any rate, if not in body, he would go into a room where an inquiry had been going on perhaps for weeks, and reply on the whole evidence. Those who know what labour this entails can alone appreciate such a capability.

No one at the bar whom I have ever heard reasoned with such perfect lucidity. He would explain a case which his client the solicitor would have wrapped up in fifty or sixty brief sheets, and involved in as much obscurity as it were well possible, to a committee in a few minutes; and I have often thought his clients never understood their own cases until he had explained them. It was wonderful how he could make a committee (sometimes composed of by no means the highest specimens of mankind) understand a case; and his persuasive power with those tribunals was also marvellous.

One word more on his character in his business life, and that is as to his entire conscientiousness. No case did he ever consider insignificant or beneath his notice. He gave the same attention to the humblest client that he would to a duke. He never left anything he had to do _half_ done: his work was thorough, complete, good. Time, which he considered his client's, was never wasted; and to enable him to get through his work he would rise at four or five o'clock in the morning, and he would be engaged either getting up a case, attending consultations, or in committee until five or six o'clock in the evening. His life was an exact fulfilment of that precept, 'Whatsoever thy hand findeth to do, do it with thy might.'

[Footnote: Mr. H.L. Cameron. Letter to Miss Hope, October 28,1877.] To what has now been expressed by critics so competent, I shall add the only pa.s.sage which I have been able to discover, in which Mr. Hope-Scott has left on record any opinion relating to himself in connection with his professional experience in an intellectual point of view. In pleading before the Select Committee of the Lords, on behalf of Eton College, on the Public School Bill of 1865, after stating his objection to the notion of such subjects as natural philosophy playing so very large a part in early education as some persons would have them do, he goes on to say:--

I, if I may venture here to speak of myself, have observed enough in a life which has been tolerably devoted to business to know this, that the possession of knowledge upon any one subject is worthless compared to the possession of a power of using it when you have got it. My Lords, in my profession, though not in my part of it, there are many men who will take up a patent case, or a mining case, without the slightest previous knowledge of the natural sciences relating to it, and who will make statements to a jury which the scientific men at hand will stand aghast at; what does that mean? It means that they have been so trained in the acquisition of knowledge when presented to them, that it becomes to them a mere matter of get-up, in many instances, to acquire an amount of knowledge which would absolutely electrify many a learned society. [Footnote: _Min.

Evid. Sel. Com. Public Sch. B._ p. 209.]

Notwithstanding the qualification under which Mr. Hope-Scott here speaks, it will be seen from a case I shall presently cite (the 'Caledonian Railway,' p. 110) that he describes a faculty he was of course aware that he himself possessed. He said, I believe, in conversation, that there was hardly any subject which he had not had occasion to look up in his profession, and this was one of the reasons which made him so fond of it.

It will perhaps give pleasure to those whose affection for Mr. Hope-Scott's memory has suggested this record, if I note down some particulars of his daily round of occupations during the most active period of his life, princ.i.p.ally supplied me (with other interesting details) by the kindness of Mr. John Q. Dunn, who, from the year 1859 until the end, was Mr. Hope- Scott's confidential clerk, continually about him in the most unreserved trust, made out his daily _agenda_, and was intimately acquainted with all his habits and ways.

Mr. Hope-Scott rose early, between five and six o'clock, made his coffee, and then went through his devotions, a black ebony crucifix, with the figure of our Lord in bra.s.s, on the table before him. Wherever he went he had this carried with him. [Footnote: This particular crucifix, however, was only used by Mr. Hope-Scott after his first wife's death. It was the one which she held in her hands when dying.] His next employment was his brief, which he read with great rapidity, [Footnote: 'Bellasis says you never read even a brief, but divine its contents in half the time required.'--Bishop Grant to Mr. Hope-Scott, November 19, 1852.] making notes as he went on. This lasted till about eight, when he dressed and breakfasted. He then drove from his private residence, or from Norfolk House, to attend consultations in Chambers at 9.30. Each consultation lasted five or ten minutes, sometimes fifteen, never more, until eleven o'clock, not a minute being wasted. Public business then commenced, in the Lords at eleven, in the Commons at twelve. His papers having been taken over to the various committee-rooms, he would go from room to room, making a speech here, or cross-examining witnesses there, as the occasion might require, throughout the day. He was always cool and business-like, never in the slightest degree flurried. This, which was only due to his immense self-control, made people _imagine_ that the work was excessively easy to him. Business before the committees lasted till four, when the bags were collected (which were a porter's load); and in Chambers another series of cases ensued, from four to five or six. In the intervals of business he would dictate, with surprising exactness and calmness, letters on his private affairs, such as the management of his Highland estate--minute directions for painting outhouses it might be, or the like small matters.

At six he went home in a cab, tired and exhausted; dinner followed, after which he invariably went to sleep for two hours, waking up about ten, when he read his prayers. He commonly slept sound, and got up next morning bright and fresh. Clients sometimes came as early as six or seven, and had undivided attention for three-quarters of an hour: these audiences amounted, in fact, to fresh verbal briefs, but were never charged for, as the arrangement was made for his own convenience.

On first undertaking to write this memoir, the idea naturally suggested itself whether it might not be possible to give something like a connected history of Mr. Hope-Scott's practice at the bar, especially considering the great social interest of the whole subject of railway construction in these countries, of which it really forms part. But I was a.s.sured by those thoroughly conversant with the matter, that such a task was not to be thought of. Legal arguments, occupying many hours for days together, however extraordinary they no doubt were as efforts of talent, and however important to those concerned at the time, who, perhaps, might be seen expecting, with white faces, the long-pending decision of committees for or against them, cannot, after the lapse of a generation, nay, after a far shorter interval than that, be even understood without an amount of labour which few would be inclined to devote to them. It may, indeed, be said that railway law is the creation of such great advocates as Mr. Hope-Scott, who reigned supreme in their own province at the time of its formation; and no doubt suggestions of counsel may have been adopted into law. But how to a.s.sign to each his share in the mighty structure? or guess to whom any particular change may have been due? It would at all events be the office, not of the biographer, but of the historian of jurisprudence. I shall nevertheless so far venture to deviate from the advice to which I have referred as to notice five or six cases, not as being in every instance of special and remembered celebrity, but merely as specimens of the kind of practice in which Mr. Hope was engaged. Two of these will also give me the opportunity of quoting some clever articles from the contemporary newspaper press, serving to show what the opinion about Mr. Hope-Scott was at the time, as the criticisms of his professional friends already given convey to us a distinct idea of the impression which he produced on his brethren of the Bar. I take first a case in which the Caledonian Railway Company were concerned, as it is very clearly and concisely explained by Mr. Hercules Robertson (better known as Lord Benholme, his t.i.tle as Lord of Session), one of the counsel a.s.sociated in it with Mr. Hope-Scott, in a letter which has been kindly communicated to me:--

1. _The Caledonian Railway_.--'We were a.s.sociated together as counsel for the Caledonian Railway Company in supporting several important bills upon Parliamentary committees, involving difficulties of no ordinary magnitude. One very important object that Company had to attain was leave to alter their entrance into Glasgow by lowering their access by many feet of perpendicular elevation. Their bill proposed to effect this by a tunnel which had to be interposed between the ca.n.a.l above, on the surface, and the Edinburgh and Glasgow Railway beneath. Our tunnel had to pa.s.s between these hostile undertakings just at the point where the former of these lay above the other with a very scanty s.p.a.ce between. The difficulty was to induce the committee to believe that the thing was possible--that it was in the power of engineering to thread a way for the Caledonian Railway so as not to bring down the water of the ca.n.a.l on the one hand, or to break into the other railway by destroying its roof on the other. Mr. Hope-Scott had a power of persuasion that owed its efficacy not more to his commanding talents than to his straightforward ways and his honest and candid manner, which seemed to afford a satisfactory pledge that he would not seriously and anxiously advocate anything that was not true and possible. By his powerful a.s.sistance the Caledonian Company carried their bill, and in the course of the proceedings I had a full opportunity of estimating the elements of success in Mr. Hope-Scott's career which made him one of the most popular of Parliamentary counsel. I need hardly say that his kindness and courtesy to myself were all that I could expect or wish from one with whom I was otherwise so closely connected.--H. J. RORBETSON.'

2. _Award by Mr. Hope-Scott and Mr. R. Stephenson_.--In 1852 Mr. Hope- Scott was a.s.sociated with Mr. Robert Stephenson, the celebrated engineer, in making an important award upon certain questions in difference between the London and North-Western and North Staffordshire Railway Companies.

This doc.u.ment, dated October 6, 1852, appears in the newspapers of the day; but either to quote from or a.n.a.lyse it would not be of the slightest interest to my readers. A letter of Mr. R. Stephenson's to Mr. Hope-Scott on some private business of later date is of more value for our purposes as showing the opinion which this great engineer had formed of Mr. Hope-Scott in his own field, and also that these two remarkable men were by that time on the terms of intimacy that might be expected where minds of such calibre, and so capable of understanding each other, met in the conduct of affairs.

_Robert Stephenson, Esq., C.E. to J. R. Hope-Scott, Esq., Q.C._

24 Great George Street: 2 Feb. 1855.

My dear Hope-Scott,--I have a sketch, in hand for your bridge. Your specification is excellent. I know what you want exactly. If I had not finished my engineering career, I should certainly have been jealous of your powers of specification. I do not know that it is sufficient to base a contract upon that would hold water in law; nevertheless, it is sufficient for me. I cannot offhand state the cost; but when the sketch and estimate are made, you shall see them; and if the cost exceeds your views, there will be no harm done; on the contrary, I shall have had the pleasure of scheming a little for you by way of pastime.

Yours faithfully,

EGBERT STEPHENSON.

James Hope-Scott, Esq.

3. The Mersey Conservancy and Docks Bill.--The speeches delivered by Mr.

Hope-Scott in this case (June 23 and 24,1857) on behalf of the Corporation of Liverpool against the Mersey Docks and Conservancy Bill, were considered as among his greatest forensic efforts. His engagement in it was originally due to an accident, the brief having been given in the first instance to Mr. Plunkett, in whose chambers, as already mentioned. Mr. Hope had been a pupil. Mr. Plunkett having been prevented by illness from taking the brief, it was placed in the hands of Mr. Hope-Scott, who made a brilliant use of the opportunity. To place the reader in possession of the main question, it may be sufficient to state that the object of the Bill was to consolidate the Liverpool and Birkenhead Docks into one estate, so as to vest the whole superintendence of the Mersey in one body, princ.i.p.ally elected by the Docks Ratepayers for the time being. This was felt by the Corporation of Liverpool as an unjust interference with their local rights, and the case is argued by Mr. Hope-Scott (when he comes upon general grounds) as one in which the commercial was being sacrificed to the jealousy of the manufacturing interest, and the principle of local government to that of centralisation. The reasonings as to matters of fact and business which make up the great bulk of these speeches are quite outside of our range, which can only deal with that which is more popular and rhetorical. Two specimens in the latter style I venture to quote--one of them appearing an excellent example of the genial humour he knew so well how to throw around the driest of arguments; the other a highly coloured view of the history and position of Liverpool in the commercial world, and of the danger of disturbing it in obedience to the clamour of its manufacturing rivals. The treatment of the subject rather reminds us of Burke's manner, and it is easy to see that Mr. Hope-Scott's own political feelings, always const.i.tutionally conservative, would here a.s.sist his eloquence, as, in a far higher degree, the same sympathies had added splendour to his early display before the House of Lords. In the case before us it is hardly necessary to say that millions of money were concerned. An exciting scene is remembered in connection with it, the secretary of the Birkenhead Docks fainting away during the proceedings. Mr. Hope-Scott is _said_ to have received a fee of 10,000_l_.; but a friend, likely to be well informed, thinks this is a fable.

THE PARLIAMENTARY HUNTING-DAY: A CHANGE OF MOUNT.