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John Campbell, 1st Baron Campbell, PC,
FRSE Fellowship of the Royal Society of Edinburgh (FRSE) is an award granted to individuals that the Royal Society of Edinburgh, Scotland's national academy of science and Literature, letters, judged to be "eminently distinguished in their subject". ...
(15 September 1779 – 23 June 1861) was a British Liberal politician, lawyer and man of letters.


Background and education

The second son of the Reverend George Campbell, D.D., and Magdalene Hallyburton, he was born a son of the manse at
Cupar Cupar ( ; ) is a town, former royal burgh and parish in Fife, Scotland. It lies between Dundee and Glenrothes. According to a 2011 population estimate, Cupar had a population around 9,000, making it the ninth-largest settlement in Fife, and the ...
, Fife, Scotland, where his father was for fifty years parish minister. For seven years, from the age of 11, Campbell studied at the
United College, St Andrews The United College of St Salvator and St Leonard (commonly referred to as United College) is one of the two statutory colleges of the University of St Andrews in St Andrews, Scotland. It was founded in 1747 by the merging of St Salvator's Colleg ...
. When he was 18, he was offered the opportunity to leave home and see something of the world by becoming tutor to James Wedderburn-Webster. The family lived in
Clapham Clapham () is a district in south London, south west London, England, lying mostly within the London Borough of Lambeth, but with some areas (including Clapham Common) extending into the neighbouring London Borough of Wandsworth. History Ea ...
, just south of London, with a summer house at Shenley, Hertfordshire. His employer was David Webster, London merchant of a sugar trading house, with family connections through the Wedderburn baronets to the slave plantations of Jamaica. Living in this wealthy household, the young Campbell saw a different world, and it didn't impress him: the commercial conversation and gossip of "West India merchants and East India captains" created an atmosphere "irksome" and "unbearable". His pupil James was about ten years old; one of Campbell's first tasks was to begin to teach him Latin. Campbell took advantage of being in London to attend a session of the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
, hearing William Wilberforce speak against slavery, followed by
Charles James Fox Charles James Fox (24 January 1749 – 13 September 1806), styled ''The Honourable'' from 1762, was a British British Whig Party, Whig politician and statesman whose parliamentary career spanned 38 years of the late 18th and early 19th centurie ...
and William Pitt. He describes it vividly in his memoirs forty years later, concluding, "After hearing this debate, I could no longer have been content with being ' Moderator of the General Assembly f the Church of Scotland.". In 1800 Campbell was entered as a student at
Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
, and, after working briefly for the ''
Morning Chronicle ''The Morning Chronicle'' was a newspaper founded in 1769 in London. It was notable for having been the first steady employer of essayist William Hazlitt as a political reporter and the first steady employer of Charles Dickens as a journalist. It ...
'', was called to the bar in 1806.


Legal and political career

Campbell at once began to report cases decided at ''nisi prius'' (''i.e.'' on jury trial). Of these reports he published four volumes; they extend from
Michaelmas Michaelmas ( ; also known as the Feast of Saints Michael, Gabriel, and Raphael, the Feast of the Archangels, or the Feast of Saint Michael and All Angels) is a Christian festival observed in many Western Christian liturgical calendars on 29 Se ...
1807 to Hilary 1816. Campbell also devoted himself to criminal business, but failed to attract much attention behind the bar. It was not until 1827 that Campbell
took silk A King's Counsel ( post-nominal initials KC) is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Qu ...
and began to develop political aspirations. He had unsuccessfully contested the borough of
Stafford Stafford () is a market town and the county town of Staffordshire, England. It is located about south of Stoke-on-Trent, north of Wolverhampton, and northwest of Birmingham. The town had a population of 71,673 at the 2021–2022 United Kingd ...
in 1826, but was returned for it in 1830 and again in 1831. He stood as a moderate Whig, in favour of the connection of church and state and opposed to triennial parliaments and the secret ballot. His main object, like
Lord Brougham Henry Peter Brougham, 1st Baron Brougham and Vaux, (; 19 September 1778 – 7 May 1868) was a British statesman who became Lord High Chancellor of Great Britain and played a prominent role in passing the Reform Act 1832 and Slavery ...
, was the amelioration of the law by the abolition of cumbrous technicalities rather than the assertion of new principles. To this end his name is associated with the Fines and Recoveries Abolition Act 1833; the Inheritance Act 1833; the Dower Act 1833; the Real Property Limitation Act 1833; the
Wills Act 1837 The Wills Act 1837 ( 7 Will. 4 & 1 Vict. c. 26) is an act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under ...
; the Copyhold Tenure Act 1841; and the Judgments Act 1838. The second was called for by the preference which the common law gave to a distant collateral over the brother of the half-blood of the first purchaser; the fourth conferred an indefeasible title on
adverse possession Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (p ...
for twenty years (a term shortened by Lord Cairns in 1875 to twelve years); the fifth reduced the number of witnesses required by law to attest wills, and removed the distinction which existed in this respect between freeholds and copyholds; the last freed an innocent debtor from imprisonment only before final judgment (or on what was termed mesne process), but the principle stated by Campbell that only fraudulent debtors should be imprisoned was ultimately given effect to for England and Wales in 1869. Perhaps his most important appearance as a member of parliament (MP) for Stafford was in defence of Lord John Russell's first
Reform Bill The Reform Acts (or Reform Bills, before they were passed) are legislation enacted in the United Kingdom in the 19th and 20th century to enfranchise new groups of voters and to redistribute seats in the House of Commons of the Parliament of the U ...
(1831). In a speech, based on
Charles James Fox Charles James Fox (24 January 1749 – 13 September 1806), styled ''The Honourable'' from 1762, was a British British Whig Party, Whig politician and statesman whose parliamentary career spanned 38 years of the late 18th and early 19th centurie ...
's declaration against constitution-mongering, he supported both the enfranchising and the disfranchising clauses. The following year (1832) found Campbell
Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
, a
knight A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...
and member for
Dudley Dudley ( , ) is a market town in the West Midlands, England, southeast of Wolverhampton and northwest of Birmingham. Historically part of Worcestershire, the town is the administrative centre of the Metropolitan Borough of Dudley. In the ...
.
Dudley Dudley ( , ) is a market town in the West Midlands, England, southeast of Wolverhampton and northwest of Birmingham. Historically part of Worcestershire, the town is the administrative centre of the Metropolitan Borough of Dudley. In the ...
had been enfranchised under the
Reform Act 1832 The Representation of the People Act 1832 (also known as the Reform Act 1832, Great Reform Act or First Reform Act) was an act of the Parliament of the United Kingdom (indexed as 2 & 3 Will. 4. c. 45), enacted by the Whig government of Pri ...
and so Campbell became the first MP to represent the town in modern history. However, his appointment to the post of
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
in 1834 led to a by-election, which he lost to Thomas Hawkes. John Campbell returned to Parliament swiftly, however, as he was returned by
Edinburgh Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
in 1835, which seat he represented until his ennoblement in 1841. One of his first acts as Attorney General was the prosecution of a bookseller called
Henry Hetherington Henry Hetherington (June 1792 – 24 August 1849) was an English printer, bookseller, publisher and newspaper proprietor who campaigned for social justice, a free press, universal suffrage and religious freethought. Together with his close asso ...
on the charge of
blasphemous libel Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It is a form of ...
. In this case Campbell gave his opinion that morality depended on
divine revelation Revelation, or divine revelation, is the disclosing of some form of truth or knowledge through communication with a deity (god) or other supernatural entity or entities in the view of religion and theology. Types Individual revelation Thomas A ...
:
the vast majority of the population believe that morality depends entirely on revelation; and if a doubt could be raised among them that the ten commandments were given by God from Mount Sinai, men would think they were at liberty to steal, and women would think themselves absolved from the restraints of chastity.
In 1840 Campbell conducted the prosecution against John Frost, one of the three Chartist leaders who attacked the town of Newport, all of whom were found guilty of high treason. Next year, as the Melbourne administration was near its close, Plunkett, the
Lord Chancellor of Ireland The Lord High Chancellor of Ireland, commonly known as the Lord Chancellor of Ireland, was the highest ranking judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 until the end of 1800, it was also the hi ...
, was forced to resign, and was succeeded by Campbell, who was raised to the
peerage A peerage is a legal system historically comprising various hereditary titles (and sometimes Life peer, non-hereditary titles) in a number of countries, and composed of assorted Imperial, royal and noble ranks, noble ranks. Peerages include: A ...
as Baron Campbell, of St Andrews in the County of Fife. The post of chancellor Campbell held for only sixteen days, and then resigned it to his successor Sir Edward Sugden. It was during the period 1841–1849, when he had no legal duty, except the self-imposed one of occasionally hearing Scottish appeals in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
, that Lord Campbell turned to literary pursuits. He bought Hartrigge House in
Jedburgh Jedburgh ( ; ; or ) is a town and former royal burgh in the Scottish Borders and the traditional county town of the Shires of Scotland, historic county of Roxburghshire. History Jedburgh began as ''Jedworð'', the "worth" or enclosed settlem ...
during this period. However, he did take up the cause of the families of railway accident victims in introducing and steering through the Commons, the
Fatal Accidents Act 1846 The Fatal Accidents Act 1846 ( 9 & 10 Vict. c. 93), commonly known as Lord Campbell's Act, was an Act of the Parliament of the United Kingdom, that, for the first time in England and Wales, allowed relatives of people killed by the wrongdoing ...
, known as Lord Campbell's Act.


Literary endeavours

Following in the path struck out by Strickland in her ''Lives of the Queens of England'', and by Lord Brougham's ''Lives of Eminent Statesmen'', Campbell produced ''Lives of the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
s and Keepers of the Great Seal of England, from the earliest times till the reign of
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in January 1901. Her reign of 63 year ...
'', in ten volumes. He followed it with ''Lives of the Chief Justices of England'', in four volumes (two additional volumes were a "Continuation by Sir Joseph Arnould – Late Judge of the High Court of Bombay"). He also wrote ''Shakespeare's Legal Acquirements Reconsidered''.


In the House of Lords

While composing his biographical works Campbell remained active in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
and spoke frequently against legislation proposed by
Sir Robert Peel Sir Robert Peel, 2nd Baronet (5 February 1788 – 2 July 1850), was a British Conservative statesman who twice was Prime Minister of the United Kingdom (1834–1835, 1841–1846), and simultaneously was Chancellor of the Exchequer (1834–183 ...
's government. When the Whigs returned to power under Russell in 1846, Campbell became a member of the cabinet as
Chancellor of the Duchy of Lancaster The Chancellor of the Duchy of Lancaster is a ministerial office in the Government of the United Kingdom. Excluding the prime minister, the chancellor is the highest ranking minister in the Cabinet Office, immediately after the prime minister ...
, and undertook some of the duties of the ailing Lord Chancellor, Lord Cottenham. On the resignation of Lord Denman in 1850, Campbell was appointed Chief Justice of the Queen's Bench. Although well versed in the common law, Campbell was criticised for attempting to influence juries in their estimate of the credibility of evidence, as was seen in the 1852 Achilli case. He assisted in the reforms of special pleading at Westminster, and had a recognised place with Brougham and Lyndhurst in legal discussions in the House of Lords. In 1854, Campbell was appointed to the Royal Commission for Consolidating the Statute Law, a
royal commission A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...
to consolidate existing statutes and enactments of
English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
. Campbell was the main sponsor of the
Obscene Publications Act 1857 The Obscene Publications Act 1857 ( 20 & 21 Vict. c. 83), also known as Lord Campbell's Act or Campbell's Act, was a piece of legislation in the United Kingdom of Great Britain and Ireland dealing with obscenity. For the first time, it made the sa ...
which made the sale of
obscene An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin , , "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral ...
material a statutory offence for the first time, giving the courts power to seize and destroy offending material. The origins of the Act itself were in a trial for the sale of pornography presided over by Campbell, at the same time as a debate in the House of Lords over a bill aiming to restrict the sale of poisons. Campbell was taken by the analogy between the two situations, famously referring to the London pornography trade as "a sale of poison more deadly than prussic acid, strychnine or arsenic".Perhaps the earliest known appearance of this ever-popular analogy; compare "I would rather give a healthy boy or a healthy girl a phial of prussic acid than this novel," describing ''
The Well of Loneliness ''The Well of Loneliness'' is a lesbian novel by British author Radclyffe Hall that was first published in 1928 by Jonathan Cape. It follows the life of Stephen Gordon, an Englishwoman from an upper-class family whose " sexual inversion" (hom ...
'' in 1928
Campbell proposed a bill to restrict the sale of pornography; giving statutory powers of destruction would allow for a much more effective degree of prosecution. The bill was controversial at the time, receiving strong opposition from both
Houses of Parliament The Palace of Westminster is the meeting place of the Parliament of the United Kingdom and is located in London, England. It is commonly called the Houses of Parliament after the House of Commons and the House of Lords, the two legislative ch ...
, and was passed on the assurance by Campbell, in his capacity of Lord Chief Justice, that it was "... intended to apply exclusively to works written for the single purpose of corrupting the morals of youth and of a nature calculated to shock the common feelings of decency in any well-regulated mind." The House of Commons successfully amended it so as not to apply to Scotland, on the grounds that Scottish common law was sufficiently stringent.H. Montgomery Hyde (1964) ''A History of Pornography''. London, Heinemann: 169-71 The Act provided for the seizure and destruction of any material deemed to be obscene, and held for sale or distribution, following information being laid before a "court of summary jurisdiction" (
magistrates' court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...
). The Act required that following evidence of a common-law offence being committed – for example, on the report of a plain-clothes policeman who had successfully purchased the material – the court could issue a warrant for the premises to be searched and the material seized. The proprietor then would be called upon to attend court and give reason why the material should not be destroyed. Critically, the Act did not define "obscene," leaving this to the will of the courts. In 1859 Campbell was made
Lord High Chancellor of Great Britain The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
, possibly on the understanding that Bethell should succeed as soon as he could be spared from the House of Commons. His short tenure was undistinguished, and he died in 1861.


Family

In 1821 Campbell married the Hon. Mary Elizabeth, eldest daughter of James Scarlett, 1st Baron Abinger; they had three sons and four daughters. In 1836 Lady Campbell was created (in her own right) '' Baroness Stratheden, of Cupar in the County of Fife'', in recognition of her husband's withdrawal of his claim to the office of
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales ...
; she died in March 1860, aged 63. Lord Campbell survived her by just over a year and died in June 1861, aged 81. They were succeeded by their eldest son,
William William is a masculine given name of Germanic languages, Germanic origin. It became popular in England after the Norman Conquest, Norman conquest in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle ...
, who became Lord Stratheden and Campbell.


References

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External links

* * * {{DEFAULTSORT:Campbell, John Campbell, 1st Baron Campbell of St Andrews Campbell of St Andrews, John Campbell, 1st Baron Campbell of St Andrews, John Campbell, 1st Baron People from Cupar Nobility from Fife Alumni of the University of St Andrews British King's Counsel Scottish King's Counsel Scottish lawyers Campbell of St Andrews, John Campbell, 1st Baron Campbell of St Andrews, John Campbell, 1st Baron Solicitors general for England and Wales Campbell of St Andrews, John Campbell, 1st Baron Attorneys general for England and Wales Campbell of St Andrews, John Campbell, 1st Baron Campbell of St Andrews, John Campbell, 1st Baron Campbell of St Andrews, John Campbell, 1st Baron Members of the Parliament of the United Kingdom for Edinburgh constituencies Whig (British political party) MPs for English constituencies Campbell of St Andrews, John Campbell, 1st Baron UK MPs 1830–1831 UK MPs 1831–1832 UK MPs 1832–1835 UK MPs 1835–1837 UK MPs 1837–1841 UK MPs who were granted peerages Whig (British political party) MPs for Scottish constituencies Members of the Judicial Committee of the Privy Council Knights Bachelor Scottish knights Members of the Parliament of the United Kingdom for Stafford Peers of the United Kingdom created by Queen Victoria Committee members of the Society for the Diffusion of Useful Knowledge