Hugh Cairns, 1st Earl Cairns
Encyclopedia
Hugh McCalmont Cairns, 1st Earl Cairns PC, QC
(27 December 1819 – 2 April 1885) was a British
statesman who served as Lord Chancellor
of the United Kingdom
during the first two ministries of Benjamin Disraeli. He was one of the most prominent Conservative
statesmen in the House of Lords
during this period of Victorian
politics. He served as the seventeenth Chancellor of the University of Dublin between 1867 and 1885.
, County Down
, Ireland
. His father, William Cairns, formerly a captain in the 47th regiment
, came from a family of Scottish
origin and moved to Ireland around 1715. Hugh Cairns was the second son, and was educated at Belfast Academy and at Trinity College, Dublin
, graduating with a senior moderatorship in classics
in 1838. In 1844 he was called to the Bar by the Middle Temple
, to which he had moved from Lincoln's Inn
.
Bar, Cairns showed little eloquence. He was so slow and diffident that he feared for his legal career. However, in 1852, he entered parliament
as member for Belfast, and he became a QC
in 1856. In 1858 Cairns was appointed Solicitor-General
and was knight
ed, and in May of that year made two of his most brilliant and best-remembered speeches in the House of Commons
. In the first, he defended the action of Lord Ellenborough
, who, as President of the Board of Control
, had not only censured Lord Canning for a proclamation issued by him as Governor-General of India
but had made public the despatch in which the censure was conveyed. On the other occasion referred to, Cairns spoke in opposition to Lord John Russell
's amendment to the motion for the second reading of the government Reform Bill, winning the approval of Benjamin Disraeli. Disraeli's appreciation found an opportunity for displaying itself some years later, when in 1868 he invited him to be Lord Chancellor in the brief Conservative
administration which followed Lord Derby's
resignation of the party leadership. Meanwhile, Cairns had maintained his reputation in debate, both when his party was in power and when it was in opposition.
In 1866 Lord Derby, returning to office, appointed Cairns Attorney General
, and in the same year he had availed himself of a vacancy to seek the comparative rest of the Court of Appeal
. While a Lord Justice he had been offered a peerage, and though at first unable to accept it, he had finally done so when a relative provided the means necessary for the endowment of a title. The appointment of Baron Cairns as Lord Chancellor in 1868 meant superseding Lord Chelmsford, an act apparently carried out by Disraeli with little tact. Chelmsford declared that he had been sent away with less courtesy than if he had been a butler, but the testimony of Lord Malmesbury
is that the affair was the result of an understanding arrived at when Lord Chelmsford took office. Disraeli held office on this occasion for only a few months. When Lord Derby died in 1869, Cairns became the leader of the Conservative opposition in the House of Lords
.
He had distinguished himself in the Commons by his resistance to the Roman Catholics Oath Bill brought in 1865; in the Lords, his efforts on behalf of the Irish Church
were equally strenuous. His speech on Gladstone's
Suspensory Bill was afterwards published as a pamphlet, but the attitude which he and the peers who followed him had taken up, in insisting on their amendments to the preamble of the bill, was one difficult to maintain, and Lord Cairns made terms with Lord Granville in circumstances which precluded his consulting his party first. He issued a circular to explain his action. The incident appears to have demonstrated his statesmanship, for he secured concessions which would have been irretrievably lost by continued opposition. Not long after this, Lord Cairns resigned the leadership of his party in the upper house, but resumed it in 1870 and opposed the Irish Land Bill in that year. Upon the Conservatives' return to power in 1874, he again became Lord Chancellor; in 1878 he was created Viscount Garmoyle and Earl Cairns; and in 1880 his party went out of office.
In opposition he did not take as prominent a part as previously, but when Disraeli (by then created Earl of Beaconsfield
) died in 1881, there were some Conservatives who considered that his claim to lead the party was better than that of Lord Salisbury
. His health, never robust, had for many years shown intermittent signs of failing. He had periodically made enforced retirements to the Riviera, and for many years had had a house at Bournemouth
, and it was there that he died.
Lord Cairns was a great supporter of Barnardo’s and was called upon by Dr. Thomas John Barnardo
to open his first girl's home at Barkingside
Ilford
Essex on 9 July 1876. Today Cairns house still stands on the one remaining green at Barkingside which was built by the children of England in memory of the First President of Dr Barnardo's Homes, The Right Honourable Earl Cairns. Cairns House was officially opened 6 August 1887.
were involved and in matters peculiarly affecting his own profession. His power was felt, as has been said, both when he was in office and when his party was in opposition. He had been chairman of the committee on judicature reform, and although he was not in office when the Judicature Acts
were passed, all the reforms in the legal procedure of his day owed much to him. He took part, when out of office, in the passing of the Married Women's Property Act 1882
, and was directly responsible for the Conveyancing Acts, and for the Settled Land Act. Many other statutes in which be was largely concerned might be quoted. His judgments are to be found in the Law Reports and those who wish to consider his oratory should read the speeches above referred to, or that delivered in the House of Lords
on the Compensation for Disturbance Bill
in 1880, and his memorable criticism of Mr Gladstone's policy in the Transvaal
, after Majuba Hill
.
, by whom he had five sons and two daughters. He was succeeded in the earldom by his second but eldest surviving son, Arthur William Cairns
, who left one daughter, and from whom the title passed to his two next younger brothers in succession, Herbert John
, third Earl (1863–1905), and Wilfred Dallas
, fourth Earl (b. 1865).
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(27 December 1819 – 2 April 1885) was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
statesman who served as Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
during the first two ministries of Benjamin Disraeli. He was one of the most prominent Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
statesmen in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
during this period of Victorian
Victorian era
The Victorian era of British history was the period of Queen Victoria's reign from 20 June 1837 until her death on 22 January 1901. It was a long period of peace, prosperity, refined sensibilities and national self-confidence...
politics. He served as the seventeenth Chancellor of the University of Dublin between 1867 and 1885.
Background and education
Cairns was born at CultraCultra
Cultra is a residential suburban area adjacent to Holywood, County Down, Northern Ireland, part of Greater Belfast. It is also the name of an electoral ward of North Down Borough Council. It is comfortably one of Northern Ireland's most affluent areas...
, County Down
County Down
-Cities:*Belfast *Newry -Large towns:*Dundonald*Newtownards*Bangor-Medium towns:...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
. His father, William Cairns, formerly a captain in the 47th regiment
47th Regiment of Foot
The 47th Regiment of Foot was an infantry regiment of the British Army. First raised in 1741 in Scotland, the regiment saw service over a period of 140 years, before it was amalgamated with another regiment to become The Loyal North Lancashire Regiment in 1881...
, came from a family of Scottish
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
origin and moved to Ireland around 1715. Hugh Cairns was the second son, and was educated at Belfast Academy and at Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
, graduating with a senior moderatorship in classics
Classics
Classics is the branch of the Humanities comprising the languages, literature, philosophy, history, art, archaeology and other culture of the ancient Mediterranean world ; especially Ancient Greece and Ancient Rome during Classical Antiquity Classics (sometimes encompassing Classical Studies or...
in 1838. In 1844 he was called to the Bar by the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
, to which he had moved from Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
.
Legal and political career
During his first years at the ChanceryCourt of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
Bar, Cairns showed little eloquence. He was so slow and diffident that he feared for his legal career. However, in 1852, he entered parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
as member for Belfast, and he became a QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1856. In 1858 Cairns was appointed Solicitor-General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
and was knight
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
ed, and in May of that year made two of his most brilliant and best-remembered speeches in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
. In the first, he defended the action of Lord Ellenborough
Edward Law, 1st Earl of Ellenborough
Edward Law, 1st Earl of Ellenborough GCB, PC was a British Tory politician. He was four times President of the Board of Control and also served as Governor-General of India between 1842 and 1844.-Background and education:...
, who, as President of the Board of Control
President of the Board of Control
The President of the Board of Control was a British government official in the late 18th and early 19th century responsible for overseeing the British East India Company and generally serving as the chief official in London responsible for Indian affairs. The position was frequently a cabinet...
, had not only censured Lord Canning for a proclamation issued by him as Governor-General of India
Governor-General of India
The Governor-General of India was the head of the British administration in India, and later, after Indian independence, the representative of the monarch and de facto head of state. The office was created in 1773, with the title of Governor-General of the Presidency of Fort William...
but had made public the despatch in which the censure was conveyed. On the other occasion referred to, Cairns spoke in opposition to Lord John Russell
John Russell, 1st Earl Russell
John Russell, 1st Earl Russell, KG, GCMG, PC , known as Lord John Russell before 1861, was an English Whig and Liberal politician who served twice as Prime Minister of the United Kingdom in the mid-19th century....
's amendment to the motion for the second reading of the government Reform Bill, winning the approval of Benjamin Disraeli. Disraeli's appreciation found an opportunity for displaying itself some years later, when in 1868 he invited him to be Lord Chancellor in the brief Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
administration which followed Lord Derby's
Edward Smith-Stanley, 14th Earl of Derby
Edward George Geoffrey Smith-Stanley, 14th Earl of Derby, KG, PC was an English statesman, three times Prime Minister of the United Kingdom, and to date the longest serving leader of the Conservative Party. He was known before 1834 as Edward Stanley, and from 1834 to 1851 as Lord Stanley...
resignation of the party leadership. Meanwhile, Cairns had maintained his reputation in debate, both when his party was in power and when it was in opposition.
In 1866 Lord Derby, returning to office, appointed Cairns Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
, and in the same year he had availed himself of a vacancy to seek the comparative rest of the Court of Appeal
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
. While a Lord Justice he had been offered a peerage, and though at first unable to accept it, he had finally done so when a relative provided the means necessary for the endowment of a title. The appointment of Baron Cairns as Lord Chancellor in 1868 meant superseding Lord Chelmsford, an act apparently carried out by Disraeli with little tact. Chelmsford declared that he had been sent away with less courtesy than if he had been a butler, but the testimony of Lord Malmesbury
James Howard Harris, 3rd Earl of Malmesbury
James Howard Harris, 3rd Earl of Malmesbury GCB, PC , styled Viscount FitzHarris from 1820 to 1841, was a British statesman of the Victorian era.-Background and education:...
is that the affair was the result of an understanding arrived at when Lord Chelmsford took office. Disraeli held office on this occasion for only a few months. When Lord Derby died in 1869, Cairns became the leader of the Conservative opposition in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
.
He had distinguished himself in the Commons by his resistance to the Roman Catholics Oath Bill brought in 1865; in the Lords, his efforts on behalf of the Irish Church
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
were equally strenuous. His speech on Gladstone's
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
Suspensory Bill was afterwards published as a pamphlet, but the attitude which he and the peers who followed him had taken up, in insisting on their amendments to the preamble of the bill, was one difficult to maintain, and Lord Cairns made terms with Lord Granville in circumstances which precluded his consulting his party first. He issued a circular to explain his action. The incident appears to have demonstrated his statesmanship, for he secured concessions which would have been irretrievably lost by continued opposition. Not long after this, Lord Cairns resigned the leadership of his party in the upper house, but resumed it in 1870 and opposed the Irish Land Bill in that year. Upon the Conservatives' return to power in 1874, he again became Lord Chancellor; in 1878 he was created Viscount Garmoyle and Earl Cairns; and in 1880 his party went out of office.
In opposition he did not take as prominent a part as previously, but when Disraeli (by then created Earl of Beaconsfield
Earl of Beaconsfield
The title Earl of Beaconsfield in the peerage of the United Kingdom was created in 1876 for Prime Minister Benjamin Disraeli, a favourite of Queen Victoria. Victoria favoured Disraeli's Tory policies over those of his Liberal rival, William Ewart Gladstone. Disraeli had also promoted the Royal...
) died in 1881, there were some Conservatives who considered that his claim to lead the party was better than that of Lord Salisbury
Robert Gascoyne-Cecil, 3rd Marquess of Salisbury
Robert Arthur Talbot Gascoyne-Cecil, 3rd Marquess of Salisbury, KG, GCVO, PC , styled Lord Robert Cecil before 1865 and Viscount Cranborne from June 1865 until April 1868, was a British Conservative statesman and thrice Prime Minister, serving for a total of over 13 years...
. His health, never robust, had for many years shown intermittent signs of failing. He had periodically made enforced retirements to the Riviera, and for many years had had a house at Bournemouth
Bournemouth
Bournemouth is a large coastal resort town in the ceremonial county of Dorset, England. According to the 2001 Census the town has a population of 163,444, making it the largest settlement in Dorset. It is also the largest settlement between Southampton and Plymouth...
, and it was there that he died.
Lord Cairns was a great supporter of Barnardo’s and was called upon by Dr. Thomas John Barnardo
Thomas John Barnardo
Thomas John Barnardo was a philanthropist and founder and director of homes for poor children, born in Dublin. From the foundation of the first Barnardo's home in 1870 to the date of Barnardo’s death, nearly 100,000 children had been rescued, trained and given a better life.- Early life :Barnardo...
to open his first girl's home at Barkingside
Barkingside
Barkingside is a district of Ilford in the London Borough of Redbridge, northeast London. It is a suburban development.It is also the place in which Barkingside FC play their home games at Oakside stadium in Station Road....
Ilford
Ilford
Ilford is a large cosmopolitan town in East London, England and the administrative headquarters of the London Borough of Redbridge. It is located northeast of Charing Cross and is one of the major metropolitan centres identified in the London Plan. It forms a significant commercial and retail...
Essex on 9 July 1876. Today Cairns house still stands on the one remaining green at Barkingside which was built by the children of England in memory of the First President of Dr Barnardo's Homes, The Right Honourable Earl Cairns. Cairns House was officially opened 6 August 1887.
Legacy
Of his legal attainments there can be no doubt. His influence upon the legislation of the day was largely felt where questions affecting religion and the ChurchChurch of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
were involved and in matters peculiarly affecting his own profession. His power was felt, as has been said, both when he was in office and when his party was in opposition. He had been chairman of the committee on judicature reform, and although he was not in office when the Judicature Acts
Judicature Acts
The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 The Judicature Acts are a...
were passed, all the reforms in the legal procedure of his day owed much to him. He took part, when out of office, in the passing of the Married Women's Property Act 1882
Married Women's Property Act 1882
The Married Women's Property Act 1882 was an Act of the Parliament of the United Kingdom that significantly altered English law regarding the property rights granted to married women, allowing them to own and control their own property....
, and was directly responsible for the Conveyancing Acts, and for the Settled Land Act. Many other statutes in which be was largely concerned might be quoted. His judgments are to be found in the Law Reports and those who wish to consider his oratory should read the speeches above referred to, or that delivered in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
on the Compensation for Disturbance Bill
Compensation for Disturbance Bill
The Compensation for Disturbance Bill , under pressure from John O'Connor Power, member for Mayo, was introduced by Ireland's Chief Secretary, W.E...
in 1880, and his memorable criticism of Mr Gladstone's policy in the Transvaal
South African Republic
The South African Republic , often informally known as the Transvaal Republic, was an independent Boer-ruled country in Southern Africa during the second half of the 19th century. Not to be confused with the present-day Republic of South Africa, it occupied the area later known as the South African...
, after Majuba Hill
Battle of Majuba Hill
The Battle of Majuba Hill on 27 February 1881 was the main battle of the First Boer War. It was a resounding victory for the Boers. Major-General Sir George Pomeroy Colley occupied the summit of the hill on the night of February 26–27, 1881. His motive for occupying the hill remains unclear...
.
Family
Lord Cairns married in 1856 Mary Harriet, eldest daughter of John McNeill, of Parkmount, County AntrimCounty Antrim
County Antrim is one of six counties that form Northern Ireland, situated in the north-east of the island of Ireland. Adjoined to the north-east shore of Lough Neagh, the county covers an area of 2,844 km², with a population of approximately 616,000...
, by whom he had five sons and two daughters. He was succeeded in the earldom by his second but eldest surviving son, Arthur William Cairns
Arthur William Cairns, 2nd Earl Cairns
Arthur William Cairns was the Second Earl Cairns, succeeding to the title on the death of his father the first Earl Cairns on April 2 1885.-Early life:...
, who left one daughter, and from whom the title passed to his two next younger brothers in succession, Herbert John
Herbert Cairns, 3rd Earl Cairns
Herbert John Cairns was the 3rd Earl Cairns, succeeding to the title on the death of his older brother Arthur William Cairns, the 2nd Earl, in 1890....
, third Earl (1863–1905), and Wilfred Dallas
Wilfred Cairns, 4th Earl Cairns
Lieutenant- Colonel Wilfred Dallas Cairns, 4th Earl Cairns, CMG, DL was a peer of the United Kingdom and a Rifle Brigade officer....
, fourth Earl (b. 1865).