John Stuart (judge)
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Sir John Stuart (1793 – 29 October 1876) was a British Conservative Party politician who sat in the
House of Commons The House of Commons is the name for the elected lower house of the 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 parliament. T ...
from 1846 to 1852, before becoming a judge.


Early life

Stuart was the son of Dugald Stuart, of Ballachulish in
Argyll Argyll (; archaically Argyle, in modern Gaelic, ), sometimes called Argyllshire, is a historic county and registration county of western Scotland. Argyll is of ancient origin, and corresponds to most of the part of the ancient kingdom of ...
. He was called to the bar at Lincoln's Inn in November 1819.


Career

He was elected as a
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...
(MP) for the borough of Newark-on-Trent at an unopposed by-election in January 1846. The borough was at that time under the patronage of the under the patronage of the
Dukes of Newcastle-under-Lyne Duke is a male title either of a monarch ruling over a duchy, or of a member of royalty, or nobility. As rulers, dukes are ranked below emperors, kings, grand princes, grand dukes, and sovereign princes. As royalty or nobility, they are ran ...
, and the 4th Duke was a staunch Conservative and protectionist. In an address "to the free and independent-minded electors of the borough of Newark", he pledged himself as a "firm supporter" of the
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britai ...
and of the
Corn Laws The Corn Laws were tariffs and other trade restrictions on imported food and corn enforced in the United Kingdom between 1815 and 1846. The word ''corn'' in British English denotes all cereal grains, including wheat, oats and barley. They wer ...
, claiming that their abolition would "injure the best interests of our empire". The
hustings A husting originally referred to a native Germanic governing assembly, the thing. By metonymy, the term may now refer to any event (such as debates or speeches) during an election campaign where one or more of the candidates are present. Devel ...
took place in the town square of Newark in heavy rain on the morning of 29 January 1846, where Stuart spoke in favour of protection for agriculture and for industry. Since no other candidate was proposed, Stuart was nominated and promptly declared elected. He was re-elected at the 1847 general election. At the 1852 general election he did not stand again in Newark. The 5th Duke (who had succeeded in 1851) was a supporter of
free trade Free trade is a trade policy that does not restrict imports or exports. It can also be understood as the free market idea applied to international trade. In government, free trade is predominantly advocated by political parties that hold econ ...
, and declined to support Stuart. Stuart was elected instead for the borough of Bury St Edmunds. He resigned that seat later the same year to take up the post of
Vice Chancellor A chancellor is a leader of a college or university, usually either the executive or ceremonial head of the university or of a university campus within a university system. In most Commonwealth and former Commonwealth nations, the chancellor ...
(i.e. a judge of the
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
). He succeeded James Parker, who had died, after some speculation. Earlier that year Stuart had refused the post of Solicitor General in
Lord Derby Edward George Geoffrey Smith-Stanley, 14th Earl of Derby, (29 March 1799 – 23 October 1869, known before 1834 as Edward Stanley, and from 1834 to 1851 as Lord Stanley) was a British statesman, three-time Prime Minister of the United Kingdom ...
's new government, and was reported to be indignant that he was not appointed
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
. Whilst he was reported by ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' (f ...
'' to be eminently qualified for the role, it was suggested that his Ultra-Toryism and opposition to reform of Chancery would make his appointment unpopular. He was
knight A knight is a person granted an honorary title of 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. Knighthood finds origins in the Gr ...
ed in 1853, and sat as a judge until 1871, when he retired on a pension and was sworn as member of the Privy Council.


Family

In 1813, Stuart married Jessie, the daughter of Duncan Stewart. He was a landlord in Scotland, with estates at
Loch Carron Loch Carron (Scottish Gaelic: "Loch Carrann") is a sea loch on the west coast of Ross and Cromarty in the Scottish Highlands, which separates the Lochalsh peninsula from the Applecross peninsula, and from the Stomeferry headland east of Loc ...
in
Ross-shire Ross-shire (; gd, Siorrachd Rois) is a historic county in the Scottish Highlands. The county borders Sutherland to the north and Inverness-shire to the south, as well as having a complex border with Cromartyshire – a county consisting o ...
and Grishernish on the Isle of Skye. He was reported by ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' (f ...
'' newspaper to be a "deservedly popular" landlord.


Arms

"I aspire to greater things"


References


External links

* {{DEFAULTSORT:Stuart, John 1793 births 1876 deaths Conservative Party (UK) MPs for English constituencies UK MPs 1841–1847 UK MPs 1847–1852 UK MPs 1852–1857 Vice Chancellors (Court of Chancery) Knights Bachelor Members of the Privy Council of the United Kingdom Members of Lincoln's Inn People from Lochaber Members of the Judicial Committee of the Privy Council