The Sun.
London, England, 1867-10-08 00:00:00

DEATH OF LORD KINGSDOWN.

Lord Kiugsdown died last night at his seat,
Torre-hill, in Kent. Although the deceased noble-
man never filled any prominent office in the State ;
, although he retired from the bar a quarter of a
century ago, and has since devoted bis great judicial
talents and legal experience almost exclusively to a
tribunal which does not often challenge public atten-
tion ; although his whole life has been singularly
retired and uneventful, for be was a man alike de-
void of vanity and of ambition ; yet those who knew
the strength and purity of his unobtrusive career
place him, without hesitation, in the very highest
rank of English lawyers ; and even to the public
his name, associated with some of the most en-
lightened and important judgments of modern times,
carried a degree of weight not always attached to
names of higher official authority.
Thomas Pemberton was born in London on the
11th of Feb., 1793. He descended on his father's
side from an honourable family in Warrington, and
on his mother's from a branch of the family of
Leigh, to whose vast possessions near Wigan he
eventually succeeded. His education was not of a
character to prefigure his future distinction in life;
for he was at no public school, at no University,
and he began his legal career in a solicitor's offiee.
Yet his scholarship was correct, and his taste for
classical literature constant and unabated. It was
not long, however, before his remarkable clearness
and precision of intellect began to give indications
of uncommon ability. He read for the bar in the
chambers of his maternal uncle, Mr. Cooke, a diss
tinguished equity lawyer of hs day, and in 1816
Mr. Pemberton was called to the bar by the
Honourable Society of Lincoln's-inn. Although only
18 months elapsed between his call and the lamented
death of Sir Samuel Romilly, then at the head of his
profession, that time was long enough for the over-
worked leader to remark the rare qualities and
great promise of the youthful junior. Fifty years
afterwards Lord Kingsdown, himself a member of
the House of Peers, introduced at the bar of that
house another peer, Lord Rornilly, the son of one
of the first prophets of his own success.
Pemberton rose rapidly into extensive practice.
In 1829 he received a silk gown, and for many years,
especially after the elevation cf Bickersteth to the
Bench, he stood at the head of the Bar, in his own
court, the Rolls. In 1841, on the formation of Sir
R. Peel's Administration, he accepted the office,
more onerous than lucrative, of Attorney-General to
the Prince of Wales. In January, 1843, the death
of his aged and eccentric kinsman, Sir Robt. Leigh,
placed Mr. Pemberton in possession of a life interest
in the Wigan estates, amounting to about £17,000 a
year. This Income, iu addition to his own large pro-
fessional gains, raised him to affluence ; he retired
from the Bar, was sworn of the Privy Council as
Chancellor of the Duchy of Cornwall, and shortly
afterwards entered on his judicial duties as a mem-
ber of the. Judicial Committee of that body. These
duties he continued to perform for 20 years with
unremitting diligence, but entirely without emolu-
ment, and with no outward recognition of his ser-
vices except the peerage, which was first offered to
him by Lord John Russell in 1853, and eventually
conferred on him by Lord Derby in 1858.
During the greater part of his career at the Bar
Mr. Pemberton sat in the house of Commons for
the borough of Rye, and afterwards for the borough
••••••••-• to tho nrinninlef4
of the Conservative party and to their illustrious
leader, Sir R. Peel; but be was devoid of that party
eagerness and passion which impel men to play a pro-
minent part in the House of Commons. His speeches
were rare and unimpassioned. Perhaps the most re-
markable of them was that in which he resisted the
pretensions of the house on the memorable privilege
case of Stockdale v. Hansard, and lent his support to
the maintenance of judicial authority. After his
elevation to the House of Lords Lord Kingsdown
rarely took a part in the political debates of that
body. He gave his services to the judicial business
of the house, although he never approved the con-
stitution or procedure of the house as a court of last
resort, and regretted his inability to correct its de-
fects. But it was in the more congenial atmosphere
of the Privy Council, where the practice and forms
of proceeding had gradually been moulded and
settled by Lord Kingsdown's own influence and
example, that he has left the most conspicuous
traces of his judicial ability.
In 1858, upon the formation of Lord Derby's
Administration, the Great Seal was offered to Mr.
Pemberton Leigh (as he was then called), and, no
doubt, if be had accepted it, his name would have
added considerably to the weight and dignity of that
short-lived Ministry. But he refused it. His singu-
lar modesty, his want of dash and self-reliance, his
dislike of outward show and display, his extreme
shyness of disposition, and his indifference to the
emoluments of office rendered him averse to the
honour for which other men have toiled their lives
away. By some this refusal was attributed to in-
dolence; but indolence can hardly be ascribed to
one of the most successful advocates of the English
bar, or to a man who would spend untold and unre-
mitting labour to bring to perfection whatever he
had undertaken to perform. Thus, the services ren-
dered by Lord Kingsdown to the Duchy of Corn-
wall, in his capacity of Chancellor to the Prince,
were of incalculable value, and resulted in placing
that magnificent demesne on a totally different foot-
ing. The predominant quality of Lord Kingsdown's
character was a fastidious refinement, which re-
moved him altogether from the common pursuits of
fame and power. "No breath of popularity," as he
once expressed it, " ever touched his sail." But, if
he was sensitive to the shortcomings and imperfec-
tions of others, he was not less exacting in all that
concerned himself. Nothing satisfied him in his
own productions short of the highest perfection
which he was able to attain. Many of his judg-
ments were written several times over ; all were
revised with elaborate minuteness. In 1858,
when the Great Seal was offered him, he
had already quitted the Court of Chancery
for 15 years, and, strange asit may seem, we sus-
pect that the reason
which mainly determined his
refusal was a distrust of his ability to perform the
duties of the Chancellor after so long an interval in
a manner entirely adequate to his conception of
their importance. Perhaps it is fortunate for the
world that not all men are equally scrupulous or
conscientious.

It would not be suitable in this place to enter
upon a minute analysis of Lord Ringsdown's judi-
cial labours; but his qualities as a judge were held
by those who sat with him in the administration of
justice to be literally unrivalled. The mind he
brought to bear on the question before him was
deep, clear, and unruffled ; his patience was inex-
haustible ; his sense of justice and of right even
more acute than his love of legal precision and accu-
racy. He searched and brought out the judicial
principle of which the law itself is but the form and
expression ; and he aimed at framing the decisions
of the Court on large grounds of analogy and rea-
son. The wide jurisdiction of the Privy Council
was favourable to the application of these principles.
Lord Kingsdown mastered with extraordinary care
the complicated subject of the land tenures of India;
he more than once opposed an insurmountable bar-
rier to the exactions of the Indian Government, and
he taught the judicial authorities of India many an
invaluable lesson of moderation and wisdom. The
appellate jurisdiction of the Crown over the colonial
courts of either hemisphere is now almost the sole
link which holds together the British empire, We

have abandoned colonial legislation, we grudge
military defence, but the Privy Council is still re-
garded throughout the colonies as the supreme
expositor of the laws of the empire. That moral
influence of a British tribunal is still unshaken;
and its authority has in our times been largely
augmented by the wisdom, temper, and equity
which Lord Kingsdown gave to it. The war of
1854 re-opened, after forty years' peace, the
Maritime Courts of Prize. The principles of Lord
Stowell and the practices of the last war were to
be subjected to legal revision. In these questions
Lord Kingsdown took the warmest interest; and if
the result of the decisions of that period has been
to mitigate the pressure of war on neutral States,
and to substitute more temperate and civilised usages
for the harsh practices of former times, no small
share of the credit is due to the spirit of his judg-
ments. Lastly, it devolved upon him to share in the
decsions of those great ecclesiastical causes which
are imperishably connected with the history of the
Church of England. The cases of " Gorham v. the
Bishop of Exeter," of " Liddell v. Westerton,"
" Long v. Bishop of Cape Town," and " Essays and
Reviews," were decided by Committees of the Privy
Council, in which Lord Kingsdown took an active
part, and they were decided in entire conformity
with his views. Friendly to the Church of England,
as a pious, tolerant, and beneficent institution, he
abhorred the exclusive pretensions of dogmatical
theologians, and- he held very cheap the claims of
sacerdotal authority. To maintain the Church 6f
England on the broad foundations of the law of the
land, without allowing any party to persecute or
proscribe its opponents, was the scope and object of
his views. This liberality of opinion drew down on
him the bitter hatred of the bigots, which has re-
cently been manifested in a peculiar manner by Dr.
Pusey at Oxford; but it has earned for the memory of
Lord Kingsdown the profound respect and gratitude
of the most eminent, judicious, and enlightened of -
his countrymen.
Lord Kingsdown was never married ; his title,
therefore, is extinct. Of his property the larger
part reverts to a descendant of Sir Robert Leigh ;
the remainder passes to the brother and nephews
of the late peer.

7'llE DEEI7H OF H. FOULD.

(From the Times.)

The death of M. Achille Fould, a member of the
Council of State and late Minister of Finance, was
reported from Tarbes on Saturday last. The loss
of this statesman would at all times have been a
grievous one for the Emperor Napoleon ; but it
must fall upon him with aggravated severity at the
present moment. Indeed, strongly disturbed as the
mind of the French Monarch may lately have been
by the disappearance of so many of his ablest and
most trusted servants from the scene of this world,
it is doubtful whether among those who have gone
before or who still survive M. Fould, there was or
is any man whom both France and her ruler could
not better have spared than this most upright and
faithful of national stewards. In De Morny the
Emperor may lament a more staunch supporter ; in
Mocquard a more intimate confidant; Billault may
have been a more influential advocate in the Cham-
ber; Thouvenel a surer guide in the Cabinet ; but
all these stood forward as champions of the Impe-
rial policy. Their task was ilmited to sheilding
their Sovereign from the attacks of his adversaries.
Fould alone knew how to save him from himself.
He warned him against errors into which he was
falling; he enabled him to repair blunders to which
he was already committed. The course he pre-
scribed was not always the most palatable, but it
was the only salutary one. Seated at the Exchequer,
Fould had the authority of the physician—disre-
garded, and even loathed in moments of wilful
imprudence. but invoked and held paramount on
the first appearance of alarming symptoms.
Although his name was known, and his abilities
acknowledged under Louis Philippe, and his poli-
tical career began six years before the downfall of
the July Monarchy, Fould may properly be reck-
oned among the statesmen of the Second Republic
and Empire. He was in repeated emergencies
the good genius of the President and the Emperor.
A Conservative under Guizot, Fould submitted to
the Revolution, and accepted the Republic, and
only strove to keep the movement within the limits
of reason and order. His influence is supposed to
have had weight with the Provisional Government,
when strong measures became necessary to crush
Red-Republicanism in the bloody days of June ;
and he is even said to have exposed his life in the
struggle against the combatants at the Barricades.
On the 2d of December, 1851, Fould appeared, as
Finance Minister, among the members of the Goup
d'Etat Cabinet. Impressed with the necessity of a
strong-handed Government in France, Fould cast
in his lot with the Restorer of the Empire. But he
was a partisan " up to the altar" only. No political
consideration could induce him to become a sharer
of what he deemed an act of spoliation, and he
threw up his portfolio only a few weeks after his
instalment rather than sign the decree of the
sequestration of the property of the Orleans family.
In other respects, however, Fould was only a
financier, not a politician. Government measures
concerned him merely in so far as the situation of
the Treasury, the credit and prosperity of the
country might be affected by them. As under the
republic his voice had been fearlessly raised against
the issue of assignats, so under the empire he would
take no place in his Sovereign's Council, except on
condition of the surrender of those supplementary
and extraordinary credits which virtually invested
the Executive with full financial powers, and robbed
the national representation of its most legitimate
functions. If with respect to the budget the Im-
perial Constitution is anything better than a fiction,
it is due to Fould alone. The steward's books could
not for ever be kept out of sight. It was necessary
not only to audit his accounts, but also listen to
his suggestions, and compound with his exigencies.
Whatever was sternly denounced by him as unwar-
rantable expenditure had to be inexorably cur-
tailed. The words "The Empire is Peace" were
spoken at Bordeaux under his inspiration. Had
his voice been heard throughout, the Mexican en-
terprise would never have gone beyond its original
object. lie did not advise " Peace at any price ;"
but he at least deprecated war for war's sake. Un-
fortunately his aid was only called in now and then
in great extremities. His mission was to pick up
the pieces of what others had broken. Other influ-
ences were at work which his wisdom and firmness
could not always overrule. To make the two ends
meet appeared a mean object to people who
concerned themselves about the rank of the Great
Nation and the keenness of its susceptibilities. The
French flag must be held up to its proper height,
no matter how low the French Funds might sink.
Moreover, the Empire came in for the socialist
inheritance of the Republic. The scheme of a
loan of a milliard of francs, or 40 millions sterling,
to be employed in works of public utility, and in
acknowledgment of the rights of labour, always
afforded a popular cry. Strong as Fould's control
might be over the Emperor's mind, other men had
the key to the Imperial heart. Old services had
to be requited with new rewards ; private fortunes
were to be built or restored on public speculation. As
a Minister of State and of the Household Fould
proved himself no niggard of the public money. He
had been au amateur artist in early youth ; he had
oriental blood in his veins, had travelled South and
East, and improved a naturally exquisite taste. The
beautiful could have no less strong claims to his
support than the useful. The completion of the
Louvre and the Exhibition of 1855 benefited no less
by his skilful management than by his munificent
patronage. But the date of these enterprises was
anterior to the Crimean and all subsequent wars.
The Empire must be either glorious or magnificent,
and Fould thought that peace could justify luxury.
But it was otherwise when reckless men begau to

burn the candle at both ends, when what the
Marshals did not waste in gunpowder the Prefects
squandered in bricks and mortar.
With an eye to business and a heart for
his country, Fould gave way to extravagance, and
bided the time for retrenchment. His appeal was
to Philip sober. When hopelessly in difficulties,
France had to turn to him. Matteis were never so
desperate but Fould's presence restored popular
confidence. The remedies he brought with him
were bitter, pungent ; but faith in their etlieieney
made them go down. Fould owed nothing to
favour. Ile was no courtier ; he stooped to uo
compromise with truth and duty. Ile was a
wealthy man, and indifferent to the sweets of office.
Salary to him was no object, and his bank afforded
him as pleasurable excitement as the Treasury.
But he knew his business, and the value of it.
In that knowledge lay the secret of his ascendancy.
He was thrifty, intelligent, liberal. We are not
aware that he originated any important financial
theory. We are not sure that he was among the
earliest converts to the doctrines of Free Trade. We
do not know to what extent on the eve of his death
he applauded himself on the success of the Credit
Mobilier, his own creation. We doubt whether
the French people will eventually thank him for
"democratising the State Credit." But he was a
banker, and the son of a banker. He knew how
much valour and how much discretion must go to
the safety of money transactions. As_ an account-
ant lie introduced vital reforms. As a -Contriver of
Ways and Means he took a leaf out 'of Mr. Glad-
stone's book. Above all things, he was earnest
and honest. With these two qualities, and a proper
degree of firmness and independence, the task of a
Chancellor of the Exchequer is far less arduous
than is generally imagined. Place the Finances
above all other Government departments, give the
steward carte blanche over the expenditure, and
there will be plenty as well as order in the house-
hold.

It is only a few days since M. Fould was said to
have been summoned to Biarritz, where it was ex-
pected he might be induced to resume office in the
Emperor's Cabinet. But as his name was coupled
with those of Lavalette and Drouyn de Lhuys, of
Moustier and Marshal Niel, it would be difficult to
put any safe construction on those vague rumours.
But, if the Emperor wished for Fould's services,
he knew full well on what terms they were to be
obtained. Under Fould's administration the Em-
pire at all times was peace. Had he come in at this
juncture, or had even the thought of calling him
in, not only crossed the Emperor's mind, but also
take a firm hold of it, there was an end of the
Army Reorganisation Bill, an end of France's in-
terference in the affairs of Italy and Germany, an
end not only of the distant prospects of war, but
also of the more pressing horrors of an armed
peace. Had the Emperor's mind taken that turn,
the death of Fould could not have been more in-
opportune. But the Emperor, in any straits, knows
how to be his own minister. If he follows what
has been at all times Fould's programme, he will
find Fould's loss not altogether irreparable.

FENIAiVISIII IN THE NORTH OF
ENGLAND.

A good deal of anxiety prevails in the north of
England with regard to the movements of the
Fenians. A large number of the lower order of the
Irish arc employed in the factories, ironworks, and
iron shipbuilding yards of the Tyne and Tees, and
in some of the pit districts of D urham and Northum-
berland, and of late midnight drillings and other
such like movements have been observed among
them. All the garrisons and barracks are now
guarded by soldiers, and there is not very much
danger of an attack in that direction, and if the
P..niana did maks, any rash outbreak it is very likely
a good account would be given of them. Fears,
however, are entertained of street outrages, and if
such were to occur they would be almost certain to
bring on a conflict between the lower orders of Eng-
lish and Irish, and the consequences might be serious
if judged by the tremendous onslaught made upon
the Irish by the population when an outbreak of
Fenianism occurred at Newcastle races A year and
a quarter ago. On Friday and Saturday great
excitement was caused in Berwick by a report which
was spread to the effect that the Fenians intended
to make an attack upon the barracks and seize the
arms and ammunition store there. There are a
great number of arms in the barracks, belonging
to the Northumberland Artillery Militia, and also
to the Volunteer corps of the town. It appears
that information of the apprehended attack was
communicated.in the first instance to Sir Richard
Mayne in London, and was to the effect that the
attack was to be made, and the arms and ammuni-
tion seized. This was to be done by a party of
Fenians who were to come from the south. Sir R.
Mayne, on receiving the information, at once de-
spatched a detective officer to Berwick, who arrived
by the morning express on Friday. The officer pro-
ceeded to the residence of Superintendent Ronald-
son,
to whom he told his mission. They thou went
to the residence of the Mayor, to whom the infor-
mation supplied to Sir Richard Mayne was told.
His worship called a meeting of the magistrates,
and also requested the attendance of Capt. M'Bay,
who is in command of the staff of the Northainber-
, land Militia stationed at Berwick ; of the captain of
the gunboat stationed in the river, of the captain of
the Coastguard, and of the captains of the Volun-
teer corps in the town. To these gentlemen the
Mayor explained the object of the meeting, and
some discussion then took place as to the means to
be adopted to repel any attack that might be made.
The result of the meeting was that on Friday and
Saturday night the Volunteers in the town assembled
at the barracks, and each Volunteer bad his gun
placed in his own possession, it being thought safer
for the Volunteers to have their weapons in their
own houses than to have them stored in the bar-
racks. The arms belonging to the Militia, which
are very considerable, have been properly secured,
the locks having been taken off the carbines pre-
viously. Two large field-pieces stationed in the
barrack square have been loaded, and so placed
as to repel any attack, from whatever quarter
it may be made. Hand grenades are also
ready to be thrown over the walls of the
barracks at any moment. The staff of the militia are
on duty day and night, and their arms are fully
charged. The coastguard and men of the gunboat
are also ready for action. The police are at present
on duty all night.

ACCIDENT ON THE SOU7I-1 EASIERN

RAILWAY.

The continental mail express tram from Dover to
London, which is timed to leave Dover at at 4.15
a.m., met with an accident yesterday morning about
two miles beyond Pluckley station. The train in
question starts from the Admiralty pier at Dover on
the arrival of the mail packet, and makes no stoppage
all the way to London. Yesterday the train did not
leave Dover until nearly half-past 4. It was com-
posed of the engine and tender, goods van, two
first-class carriages, a second-class carriage, three
first-class carriages, mail carriage, and goods van—
nine carriages in all. The average rate of speed by
this train is very high, and yesterday it ran through
Pluckley station at from 50 to 60 miles an hour.
When a short distance from a bridge called New-
lane-bridge the second-class carriage left the rails
and drew the five carriages behind it off the rails as
well. The guards instantly took measures to stop
the momentum of the train, and the engine-driver
shut off the steam, but the train passed under
the New-lane-bridge and was not brought to a
standstill until it had passed over a distance of
nearly 500 yards from the spot where the carriages
first left the rails. The engine and tender, with
the van and the two first carriages, did not leave
the rails, and fortunately the couplings of all the

57,-,-,vs2ApEN
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)
carriages held. Had any part of the tratriii66eirie.s7:;‘, ‘4Y4
detached the consequences might have imerifriigik4,:....
ful, as the carriages would then have come into e4i l#,ta k 1:5 //'q
lision and run one over the other. As it was nom 111
one of them was thrown over, and not a singlepas-a s
sender, out of about a hundred who were in the train,
was injured. There is no doubt as to the cause of
the accident. The part of the line where it occurred
is under repair, and labourers were at work last
week taking out the old sleepers and replacing them
with new. The ballast has been removed, and the
sleepers are exposed for a long distance. The heavy
rain of Sunday night has c tused the soil to sink
under one or two of the sleepers which had been
newly put in, and the road ha I what is termed
" dropped down." The preponderous weight of the
engine no doubt displaced the rail as this place in
the first instance, and the in-unease speed of the
train would cause the middle and rearmost carriages
to oscillate very considerably, and of course to
leave the rails on meeting with a break any-
where. The carriages, it appears, went off the
inner rails and proceeded with the wheels close
to the metals, breaking the iroa " chairs" and
crushing the sleepers. As the sleepers were un-
covered with ballast the-passengers must have suf-
fered a succession of terrible jerks, and the strength
of the couplings and the carriages must have been
tested to the utmost. The rolling steek of the
South Eastern Company cannot be surpassed for
workmanship of strength by that of anylother line
in the kingdom, and this circumstance there is no
doubt prevented the accident from becoming disas-
trous. When the passengers had somewhat recovered
from their fright they were taken on in that portion
of the train which still remained on the rails, and at
an up-station additional carriages were put on, in .
which those persons who had occupied the carriages
left behind completed their journey. There were only
three women in the train, and we believe not one ok
the passengers sustained so • much. aea brufisc or a-, -•" ty,
scratch worth speaking of. Immediately on the
accident becoming known at Ashford; a pilot engine
with a party of mechanics and labourers, under Mr.
Hendy, of the carriage department, proceeded to the
spot. Mr. Cudworth, locomotive superintendent,
and Mr. Mansell, carriage superintendent, followed
in another train. The carriages which had been .
left behind were scarcely damaged, and they were
lifted on to the rails and brought to Ashford at 12
o'clock. Gangs of men were set to work restoring -
the permanent way, and during the afternoon all
traces of the accident were effaced, and both lines
of rails in working order.

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