Frederick Edwin Smith, 1st Earl of Birkenhead, (12 July 1872 – 30 September 1930) was a British

Conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...

politician and barrister who attained high office in the early 20th century, in particular as

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 ...

. He was a skilled

orator An orator, or oratist, is a public speaker, especially one who is eloquent or skilled. Etymology Recorded in English c. 1374, with a meaning of "one who pleads or argues for a cause", from Anglo-French ''oratour'', Old French ''orateur'' (14 ...

, noted for his staunch opposition to

Irish nationalism Irish nationalism is a nationalist political movement which, in its broadest sense, asserts that the people of Ireland should govern Ireland as a sovereign state. Since the mid-19th century, Irish nationalism has largely taken the form of cult ...

, his wit, pugnacious views, and hard living and drinking. He is perhaps best remembered today as

Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 1874 – 24 January 1965) was a British statesman, military officer, and writer who was Prime Minister of the United Kingdom from 1940 to 1945 (Winston Churchill in the Second World War, ...

's greatest personal and political friend until Birkenhead's death aged 58 from pneumonia caused by cirrhosis of the liver.

Early life and schooling

Smith was born at 38 Pilgrim Street,

Birkenhead Birkenhead () is a town in the Metropolitan Borough of Wirral, Merseyside, England. The town is on the Wirral Peninsula, along the west bank of the River Mersey, opposite Liverpool. It lies within the Historic counties of England, historic co ...

Cheshire Cheshire ( ) is a Ceremonial counties of England, ceremonial county in North West England. It is bordered by Merseyside to the north-west, Greater Manchester to the north-east, Derbyshire to the east, Staffordshire to the south-east, and Shrop ...

, the eldest son and second of five surviving children of Frederick Smith (1845–1888), a barrister-at-law, and Elizabeth (1842–1928), daughter of Edwin Taylor, a rate collector, of Birkenhead. His father had joined the family business as an estate agent, later becoming a barrister and local Tory politician. Frederick Smith senior died at the age of forty-three, only a month after being elected mayor of Birkenhead. Smith was educated first at a

dame school Dame schools were small, privately run schools for children aged two to five. They emerged in Great Britain and its colonies during the Early modern Britain, early modern period. These schools were taught by a “school dame,” a local woman ...

in Birkenhead, then at Sandringham School in

Southport Southport is a seaside resort, seaside town in the Metropolitan Borough of Sefton in Merseyside, England. It lies on the West Lancashire Coastal Plain, West Lancashire coastal plain and the east coast of the Irish Sea, approximately north of ...

(where he announced, at the age of ten, his ambition to become lord chancellor), and then, having failed the entrance exam for

Harrow School Harrow School () is a Public school (United Kingdom), public school (English boarding school for boys) in Harrow on the Hill, Greater London, England. The school was founded in 1572 by John Lyon (school founder), John Lyon, a local landowner an ...

, at Birkenhead School (1887–1889).

Oxford

Smith won a scholarship to University College, Liverpool, where he spent four terms (a fact he subsequently suppressed). He won a scholarship to

Wadham College, Oxford Wadham College ( ) is a Colleges of the University of Oxford, constituent college of the University of Oxford in the United Kingdom. It is located in the centre of Oxford, at the intersection of Broad Street, Oxford, Broad Street and Parks Road ...

, in 1891. Smith made his name as an Oxford "swell", distinguishing himself by his dark good looks, his energy, his unashamed ambition and his scathing wit. He was the dominant figure of a group of Wadham contemporaries including the athlete C. B. Fry, the future Liberal politician John Simon, and the Liberal economist Francis Hirst. Between them they dominated both the rugby field and the Oxford Union Society. Smith was already active in national politics as a Tory speaker in the July 1892 general election. Announced initially as his father's son, he spoke all over Lancashire, stirring up Orange opinion against the Liberal policy of

Irish home rule The Home Rule movement was a movement that campaigned for self-government (or "home rule") for Ireland within the United Kingdom of Great Britain and Ireland. It was the dominant political movement of Irish nationalism from 1870 to the end of ...

. He obtained a Second Class in Classical Mods before switching to Law. He often debated against

Hilaire Belloc Joseph Hilaire Pierre René Belloc ( ; ; 27 July 187016 July 1953) was a French-English writer, politician, and historian. Belloc was also an orator, poet, sailor, satirist, writer of letters, soldier, and political activist. His Catholic fait ...

at the Oxford Union, where a bust of him now stands, and became

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

Trinity term Universities Trinity term is the third and final term of the academic year at the University of Oxford, To his disappointment, he only obtained a Second in his

Bachelor of Civil Law Bachelor of Civil Law (abbreviated BCL or B.C.L.; ) is the name of various degrees in law conferred by English-language universities. The BCL originated as a postgraduate degree in the universities of Oxford and Cambridge; at Oxford, the BCL contin ...

degree. In 1896 he won the Vinerian law scholarship and was elected a fellow of

Merton College Merton College (in full: The House or College of Scholars of Merton in the University of Oxford) is a constituent college of the University of Oxford in England. Its foundation can be traced back to the 1260s when Walter de Merton, chancellor ...

(1896–9), and also a lecturership at

Oriel College Oriel College () is a constituent college of the University of Oxford in Oxford, England. Located in Oriel Square, the college has the distinction of being the oldest royal foundation in Oxford (a title formerly claimed by University College, ...

. The F. E. Smith Memorial Mooting Prizes nowadays commemorate him at Merton. In later life his depth of legal learning often surprised critics. Smith added to his Oxford reputation in May 1897, when he went to see

the Prince of Wales Prince of Wales (, ; ) is a title traditionally given to the male heir apparent to the History of the English monarchy, English, and later, the British throne. The title originated with the Welsh rulers of Kingdom of Gwynedd, Gwynedd who, from ...

open the new

Oxford Town Hall Oxford Town Hall is a public building on the street called St Aldate's in central Oxford, England. It is both the seat of Oxford City Council and a venue for public meetings, entertainment and other events. It also includes the Museum of Oxfo ...

. A detachment of the

Metropolitan Police Mounted Branch The Metropolitan Police Mounted Branch is the mounted police branch of London's Metropolitan Police. It is part of Met Operations. History The Bow Street Horse Patrol was formed in 1763, but ceased after eighteen months when funding ran out. Revi ...

had been drafted in to reinforce the small

Oxford City Police Oxford City Police was the police force of the City of Oxford, England. It policed the city from 1 January 1869 until 31 March 1968. It was established to succeed a "watch and ward" force that had been founded in 1835. On 1 April 1968 it and fo ...

force against a large demonstration of university undergraduates. The Metropolitan Police, who were unused to boisterous Oxford undergraduates, attacked them with batons, causing several serious injuries. The crowd unhorsed and trampled one policeman. Smith took no part in the disorder, but was arrested when he tried to rescue his college servant, who was being manhandled by the police. Smith became the first prisoner in the police station in the new Town Hall. Before being locked in, Smith raised his hands for silence and declared "I have great pleasure in declaring this cell open". He was tried for obstructing the police in the lawful execution of their duty, but was found not guilty after defending himself in court.

Career as a barrister

Having eaten his dinners at

Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...

and passed his bar finals with distinction in the summer of 1899, Smith was

called to the Bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

and finally left

Oxford Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town. The city is home to the University of Oxford, the List of oldest universities in continuou ...

, and quickly built up a brilliant and lucrative practice on the

Northern Circuit The Northern Circuit is a circuit of the General Council of the Bar and English judiciary. The Northern Circuit stretches from Carlisle in Cumberland at its northernmost point, running through Lakeland to the port of Whitehaven in the West, ...

, initially basing himself in

Liverpool Liverpool is a port City status in the United Kingdom, city and metropolitan borough in Merseyside, England. It is situated on the eastern side of the River Mersey, Mersey Estuary, near the Irish Sea, north-west of London. With a population ...

Formidable style and high-profile court cases

Smith rapidly acquired a reputation as a formidable

advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...

, first in Liverpool and then, after his election to Parliament in 1906, in London. He was junior counsel during the prosecution of John McKeever tried at Liverpool Assizes for the murder of the

Protestant Protestantism is a branch of Christianity that emphasizes Justification (theology), justification of sinners Sola fide, through faith alone, the teaching that Salvation in Christianity, salvation comes by unmerited Grace in Christianity, divin ...

activist John Kensit. Although McKeever was acquitted, Smith kept the weapon, a file or chisel and a photograph of where the incident took place in his chambers. In 1907 he was asked to give an opinion on a proposed

libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

action by the

Lever Brothers Lever Brothers was a British manufacturing company founded in 1885 by two brothers: William Lever, 1st Viscount Leverhulme, William Hesketh Lever, 1st Viscount Leverhulme (1851–1925), and James Darcy Lever (1854–1916). They invested in and su ...

against newspapers owned by Lord Northcliffe concerning the latter's allegations of a conspiracy to raise the price of soap by means of a 'soap trust'. He checked into the

Savoy Savoy (; )  is a cultural-historical region in the Western Alps. Situated on the cultural boundary between Occitania and Piedmont, the area extends from Lake Geneva in the north to the Dauphiné in the south and west and to the Aosta Vall ...

and, after working all night reading a pile of papers nearly four feet thick and consuming a bottle of champagne and two dozen oysters, Smith wrote a one-sentence opinion: "There is no answer to this action in libel, and the damages must be enormous". The newspapers subsequently paid Lever £50,000, more than four times the previous record for a defamation action or out-of-court published settlement in the country. In February 1908, Smith was made a

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

by Lord Loreburn, on the same day as his friend and rival from Wadham College, future Home Secretary Sir John Simon. At the Bar, he became one of the best known and most highly paid barristers in the country, making over £10,000 per year before the First World War. His spending was commensurate with this income even after he took less well-paid government positions in later years, something of which he would bitterly complain. Part of his income funded the purchase of a country house, The Cottage at Charlton,

Northamptonshire Northamptonshire ( ; abbreviated Northants.) is a Ceremonial counties of England, ceremonial county in the East Midlands of England. It is bordered by Leicestershire, Rutland and Lincolnshire to the north, Cambridgeshire to the east, Bedfordshi ...

, in 1907. The house was greatly enlarged in 1911–1912. In one of the best-known cases in which Smith was involved he successfully defended Ethel le Neve, mistress of

Hawley Harvey Crippen Hawley Harvey Crippen (11 September 1862 – 23 November 1910), colloquially known as Dr. Crippen, was an American Homeopathy, homeopath, Otolaryngology, ear and Ophthalmology, eye specialist and medicine dispenser who was hanged in HM Prison P ...

("Dr. Crippen"), against a charge of murder. Le Neve was accused of killing Crippen's wife. Crippen was tried separately and convicted.

Member of Parliament

Ambitious to enter

Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

, Smith cultivated the local Tory boss Archibald Salvidge. In 1903, Smith gave a dazzling speech in Liverpool in support of

Joseph Chamberlain Joseph Chamberlain (8 July 1836 – 2 July 1914) was a British statesman who was first a radical Liberal Party (UK), Liberal, then a Liberal Unionist after opposing home rule for Ireland, and eventually was a leading New Imperialism, imperial ...

, who was campaigning for

Tariff Reform Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulations. ...

. On the strength of this, he was selected three months later as candidate for the working-class constituency of Walton division. He campaigned as the champion of hard-drinking, patriotic working men (Liberals tended to favour temperance and more pacific foreign policy) and in the 1906 election he narrowly held the seat despite the national Liberal landslide. He held the seat until the redrawing of boundaries in 1918. He attracted attention by a brilliant

maiden speech A maiden speech is the first speech given by a newly elected or appointed member of a legislature or parliament. Traditions surrounding maiden speeches vary from country to country. In many Westminster system governments, there is a convention th ...

, " I Warn the Government..." After this speech, Tim Healy, the Irish Nationalist, a master of parliamentary invective, sent Smith a note, "I am old, and you are young, but you have beaten me at my own game." In his maiden speech he argued that advocating tariffs had not hurt the Tories at the recent election. Smith also opposed the Trade Disputes Act 1906 arguing that intimidatory picketing should not be allowed. The Conservative leadership, unwilling to antagonise organised labour, did not oppose the Act very hard. Smith did not support restriction on the powers of 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 ...

, fearing that tyranny could result from an unchecked

unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature consisting of one house or assembly that legislates and votes as one. Unicameralism has become an increasingly common type of legislature, making up nearly ...

parliament. He was soon a prominent leader of the Unionist wing of the Conservative Party, especially in the planned

Ulster Ulster (; or ; or ''Ulster'') is one of the four traditional or historic provinces of Ireland, Irish provinces. It is made up of nine Counties of Ireland, counties: six of these constitute Northern Ireland (a part of the United Kingdom); t ...

resistance to

Irish Home Rule The Home Rule movement was a movement that campaigned for self-government (or "home rule") for Ireland within the United Kingdom of Great Britain and Ireland. It was the dominant political movement of Irish nationalism from 1870 to the end of ...

. He attended the

Blenheim Palace Blenheim Palace ( ) is a country house in Woodstock, Oxfordshire, England. It is the seat of the Dukes of Marlborough. Originally called Blenheim Castle, it has been known as Blenheim Palace since the 19th century. One of England's larg ...

rally on 27 July 1912, at which Bonar Law advocated forcible resistance. From the signing of the

Ulster Covenant Ulster's Solemn League and Covenant, commonly known as the Ulster Covenant, was signed by nearly 500,000 people on and before 28 September 1912, in protest against the Third Home Rule Bill introduced by the British Government in the same year. ...

in September 1912 onwards, he was often at

Edward Carson Edward Henry Carson, Baron Carson, Privy Council (United Kingdom), PC, Privy Council of Ireland, PC (Ire), King's Counsel, KC (9 February 1854 – 22 October 1935), from 1900 to 1921 known as Sir Edward Carson, was an Irish unionist politician ...

's side on horseback, hence the derisive nickname "Galloper Smith". A vociferous opponent of the

Disestablishment The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular s ...

of the Welsh part of the Church of England, he called the Welsh Disestablishment Bill "a bill which has shocked the conscience of every Christian community in Europe". This prompted G. K. Chesterton to write a satirical poem, ''"Antichrist, Or the Reunion of Christendom: An Ode"'', which asked if Breton sailors, Russian peasants and Christians evicted by the Turks would know or care of what happened to the Anglican Church of Wales, and answered the question with the line "Chuck it, Smith". The bill was approved by Parliament under the provisions of the

Parliament Act 1911 The Parliament Act 1911 ( 1 & 2 Geo. 5. c. 13) is an act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords, the two Houses of Parl ...

, but was stalled by the outbreak of the First World War. When it was finally implemented in 1920, Smith was part of the Lloyd George coalition that did so.

First World War

Smith had joined the Territorial Army by commission into the Queen's Own Oxfordshire Hussars, in which Churchill was already an officer, in 1913, and was a

captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader or highest rank officer of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police depa ...

in the regiment before the outbreak of the First World War. On its outbreak he was placed in charge of the Government's Press Bureau, with rank of full colonel and responsibility for newspaper censorship. He was not very successful in this role, and in 1914–1915 served in France as a staff officer with the Indian Corps with ultimate temporary rank of lieutenant-colonel. He and his successor as 'recording officer' (a

Colonel Colonel ( ; abbreviated as Col., Col, or COL) is a senior military Officer (armed forces), officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th, and 19th centuries, a colon ...

Merewether) later collaborated on an official history entitled ''The Indian Corps in France'' (published 1917). In May 1915, he was appointed

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 ...

H. H. Asquith Herbert Henry Asquith, 1st Earl of Oxford and Asquith (12 September 1852 – 15 February 1928) was a British statesman and Liberal Party (UK), Liberal politician who was Prime Minister of the United Kingdom from 1908 to 1916. He was the last ...

and

knighted 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 ...

. He soon after (in October 1915) succeeded his friend

Sir Edward Carson Edward Henry Carson, Baron Carson, PC, PC (Ire), KC (9 February 1854 – 22 October 1935), from 1900 to 1921 known as Sir Edward Carson, was an Irish unionist politician, barrister and judge, who was the Attorney General and Solicitor Gen ...

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 ...

, with the right to attend Cabinet. Early in 1916 he was briefly placed under military arrest for arriving at

Boulogne Boulogne-sur-Mer (; ; ; or ''Bononia''), often called just Boulogne (, ), is a coastal city in Hauts-de-France, Northern France. It is a Subprefectures in France, sub-prefecture of the Departments of France, department of Pas-de-Calais. Boul ...

without a pass, and had to be 'appeased' by a meeting with

General A general officer is an Officer (armed forces), officer of high rank in the army, armies, and in some nations' air force, air and space forces, marines or naval infantry. In some usages, the term "general officer" refers to a rank above colone ...

Sir Douglas Haig. As

, it was his responsibility to lead the prosecution for

the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...

in major cases such as the trial in 1916 of the

Irish nationalist Irish nationalism is a nationalist political movement which, in its broadest sense, asserts that the people of Ireland should govern Ireland as a sovereign state. Since the mid-19th century, Irish nationalism has largely taken the form of cult ...

Sir Roger Casement Roger David Casement (; 1 September 1864 – 3 August 1916), known as Sir Roger Casement, CMG, between 1911 and 1916, was a diplomat and Irish nationalist executed by the United Kingdom for treason during World War I. He worked for the Britis ...

for

treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...

. Sir Roger had been captured after landing from a ''Kaiserliche Marine'' U-boat on

Banna Strand Banna Strand (Irish language, Gaeilge: Trá na Beannaí), also known as Banna Beach, is a beach in North Kerry, Ireland. It is an Atlantic Ocean beach extending from the Smallrock (Roc Beag) and Blackrock in the North to Carrahane at its south ...

Tralee Bay Tralee Bay () is located in on the west coast of County Kerry, Republic of Ireland, Ireland. It is situated between Kerry Head on the north side and the Maharees on the west and extends eastwards as far as the bridge at Blennerville. Several ...

in north

County Kerry County Kerry () is a Counties of Ireland, county on the southwest coast of Republic of Ireland, Ireland, within the Provinces of Ireland, province of Munster and the Southern Region, Ireland, Southern Region. It is bordered by two other countie ...

, south-west Ireland, just a few days before the

Easter Rising The Easter Rising (), also known as the Easter Rebellion, was an armed insurrection in Ireland during Easter Week in April 1916. The Rising was launched by Irish republicans against British rule in Ireland with the aim of establishing an ind ...

in late April 1916. His prosecution of Casement (and Wheeldon in 1917) contributed to Smith's reputation as a spectacular advocate at the time. Smith was made a

baronet A baronet ( or ; abbreviated Bart or Bt) or the female equivalent, a baronetess (, , or ; abbreviation Btss), is the holder of a baronetcy, a hereditary title awarded by the British Crown. The title of baronet is mentioned as early as the 14th ...

in 1918. Following abolition of the Walton seat in constituency boundary changes, Smith was returned at the December 1918 general election for neighbouring West Derby Division, only to be elevated to the House of Lords two months later.

Lord Chancellor in the postwar coalition

In 1919, he was created Baron Birkenhead, of

in the

County of Chester Cheshire ( ) is a ceremonial county in North West England. It is bordered by Merseyside to the north-west, Greater Manchester to the north-east, Derbyshire to the east, Staffordshire to the south-east, and Shropshire to the south; to the west ...

following his appointment as

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 ...

Lloyd George David Lloyd George, 1st Earl Lloyd-George of Dwyfor (17 January 1863 – 26 March 1945) was Prime Minister of the United Kingdom from 1916 to 1922. A Liberal Party (United Kingdom), Liberal Party politician from Wales, he was known for leadi ...

. At the age of 47, he was the youngest Lord Chancellor since Lord Cowper in 1707 and possibly since Judge Jeffreys (John Simon would have been younger had he accepted the post in 1915). The ''

Morning Post ''The Morning Post'' was a conservative daily newspaper published in London from 1772 to 1937, when it was acquired by ''The Daily Telegraph''. History The paper was founded by John Bell. According to historian Robert Darnton, ''The Morning ...

'' commented that his appointment as Attorney-General had been amusing but that his further promotion was "carrying a joke beyond the limits of pleasantry", while the

King King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...

urged Lloyd George to reconsider. Birkenhead proved an excellent Lord Chancellor, but tales of his drunkenness begin from this time, very likely as he grew bored with the job and as it dawned on him that he had probably ruled himself out from the premiership by accepting a peerage. That year, in the House of Lords debate on the Amritsar Massacre, he courageously denounced Tories who declared General Dyer (the responsible officer) a hero. He played a key role in the passage of several key legal reforms, including the Law of Property Act 1922, which began the reform of English land law which was to come to fruition in the mid-1920s. He also unsuccessfully championed a reform of the divorce laws, which he judged caused great misery and which favoured the wealthy. Despite his Unionist background, Smith played an important role in the negotiations that led to the signature of the

Anglo-Irish Treaty The 1921 Anglo-Irish Treaty (), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the United Kingdom of Great Britain an ...

in 1921, which led to the formation of the

Irish Free State The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...

the following year. Much of the treaty was drafted by Smith. His support for this, and his warm relations with the Irish nationalist leaders

Arthur Griffith Arthur Joseph Griffith (; 31 March 1871 – 12 August 1922) was an Irish writer, newspaper editor and politician who founded the political party Sinn Féin. He led the Irish delegation at the negotiations that produced the 1921 Anglo-Irish Trea ...

and Michael Collins, angered some of his former Unionist associates, notably Sir Edward Carson. Upon signing the Treaty he remarked to Collins, "I may have just signed my political death warrant", to which Collins dryly and with prescient accuracy replied, "I have just signed my actual death warrant". Collins was killed by opponents of the treaty eight months after the signing, during the

Irish Civil War The Irish Civil War (; 28 June 1922 – 24 May 1923) was a conflict that followed the Irish War of Independence and accompanied the establishment of the Irish Free State, an entity independent from the United Kingdom but within the British Emp ...

. Also in 1921, he was responsible for the

rejecting a proposal, put forward by Frederick Alexander Macquisten, MP for

Argyllshire Argyll (; archaically Argyle; , ), sometimes called Argyllshire, is a historic county and registration county of western Scotland. The county ceased to be used for local government purposes in 1975 and most of the area now forms part of ...

, to criminalise lesbianism. During the debate, Birkenhead argued that 999 women out of a thousand had "never even heard a whisper of these practices". Smith was created Viscount Birkenhead, of Birkenhead in the

, in the 1921 Birthday Honours, then Viscount Furneaux, of Charlton in the County of Northampton, and Earl of Birkenhead in 1922. By 1922 Birkenhead and Churchill had become the leading figures of the

Coalition. The

, the attempt to go to war with

Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...

over Chanak (which was later vetoed by the governments of the Dominions) and a general whiff of moral and financial corruption which had come to surround the Coalition were all hallmarks of his tenure in office. A scandal erupted in 1922 when it became known that Lloyd George, through the agency of

Maundy Gregory Arthur John Maundy Gregory, who later used the name Arthur John Peter Michael Maundy Gregory (1 July 1877 – 28 September 1941) was a British theatre producer and political fixer who is best remembered for selling honours for the Prime Minister, ...

, had awarded honours and titles such as a baronetcy to rich businessmen in return for cash in the range of £10,000 and more. At an earlier meeting before Parliament broke up for the summer, and more famously at the

Carlton Club The Carlton Club is a private members' club in the St James's area of London, England. It was the original home of the Conservative Party before the creation of Conservative Central Office. Membership of the club is by nomination and elect ...

meeting in October 1922, Birkenhead's hectoring of the junior ministers and backbenchers was one of the factors leading to the withdrawal of support from the Coalition.

Out of office: 1922–24

Like many of the senior members of the Coalition, Birkenhead did not hold office in the

Bonar Law Andrew Bonar Law (; 16 September 1858 – 30 October 1923) was a British statesman and politician who was Prime Minister of the United Kingdom from October 1922 to May 1923. Law was born in the British colony of New Brunswick (now a Canadi ...

and Baldwin governments of 1922–24. Unlike the others Birkenhead was rude and open in his contempt for the new governments. He bore no grudge against Bonar Law but criticised Leslie Wilson and Lord Curzon. He sneered that Wilson and Sir

George Younger George Kenneth Hotson Younger, 4th Viscount Younger of Leckie, Baron Younger of Prestwick, (22 September 1931 – 26 January 2003), was a British Conservative Party politician and banker. He was the Member of Parliament (MP) for Ayr from 196 ...

were "the cabin boys" who had taken over the ship, he referred to Lords Salisbury and Selborne as "the Dolly Sisters" after two starlets of the era and remarked that the new Cabinet was one of "second-class brains", to which came the reply from Lord Robert Cecil that this was better than "second-class characters". He remarked that he had lost the Woolsack but was still "captain of isown soul" to which a wag retorted that this was "a small command of which no-one will want to deprive him". In the House of Lords, on 7 December 1922, he read out a letter dated 15 February 1922 in which the

Greek Greek may refer to: Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group *Greek language, a branch of the Indo-European language family **Proto-Greek language, the assumed last common ancestor of all kno ...

leader Dimitrios Gounaris had begged the Foreign Secretary

Lord Curzon George Nathaniel Curzon, 1st Marquess Curzon of Kedleston (11 January 1859 – 20 March 1925), known as Lord Curzon (), was a British statesman, Conservative Party (UK), Conservative politician, explorer and writer who served as Viceroy of India ...

(who had deserted the Coalition in its final hours and thus retained his office under

) for British help in her war against Turkey. Since then, Gounaris had been executed as a scapegoat for the catastrophic Greek defeat. Birkenhead claimed that he had no knowledge of this letter, a claim which was soon echoed by Lloyd George and other leading coalitionists Austen Chamberlain, Robert Horne and Worthington-Evans. The accusations, if true, might have forced Curzon's resignation and jeopardised the ongoing negotiation of the

Treaty of Lausanne The Treaty of Lausanne (, ) is a peace treaty negotiated during the Lausanne Conference of 1922–1923 and signed in the Palais de Rumine in Lausanne, Switzerland, on 24 July 1923. The treaty officially resolved the conflict that had initially ...

Cabinet Secretary A cabinet secretary is usually a senior official (typically a civil servant) who provides services and advice to a cabinet of ministers as part of the Cabinet Office. In many countries, the position can have considerably wider functions and powe ...

Maurice Hankey Maurice Pascal Alers Hankey, 1st Baron Hankey, (1 April 1877 – 26 January 1963) was a British civil servant who gained prominence as the first Cabinet Secretary and later made the rare transition from the civil service to ministerial office. ...

located the letter, and the reply urging Gounaris to "hold on", which Curzon had circulated to the Cabinet, and which Birkenhead had initialled as read. On 11 December Birkenhead was forced to apologise ("frigidly received" by the Lords, according to ''The Times'') and Lady Curzon retaliated by

cutting Cutting is the separation or opening of a physical object, into two or more portions, through the application of an acutely directed force. Implements commonly used for wikt:cut, cutting are the knife and saw, or in medicine and science the sca ...

him at a ball, but as she remarked to her husband in a letter, he was "too drunk to notice" the snub. In May 1923,

Stanley Baldwin Stanley Baldwin, 1st Earl Baldwin of Bewdley (3 August 186714 December 1947), was a British statesman and Conservative politician who was prominent in the political leadership of the United Kingdom between the world wars. He was prime ministe ...

succeeded Bonar Law as Prime Minister. He remarked to his new Cabinet, referring to Birkenhead's exclusion, that they were "a Cabinet of faithful husbands" – this referred to Birkenhead's general character rather than simply his marital infidelities. Even a famous speech, the Rectorial Address to the

University of Glasgow The University of Glasgow (abbreviated as ''Glas.'' in Post-nominal letters, post-nominals; ) is a Public university, public research university in Glasgow, Scotland. Founded by papal bull in , it is the List of oldest universities in continuous ...

on 7 November 1923, in which Birkenhead told undergraduates that the world still offered "glittering prizes" to those with "stout hearts and sharp swords", now seemed out of kilter with the less aggressive and more self-consciously moral style of politics advocated by the new generation of Conservative politicians such as Stanley Baldwin and Edward Wood, the future Lord Halifax. Birkenhead regarded the

League of Nations The League of Nations (LN or LoN; , SdN) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference (1919–1920), Paris Peace ...

as idealistic nonsense, and thought that international relations should be guided by "self-interest", lest Britain decline like Imperial Spain.Charmley 1993, pp203-4 Rather, he believed that the power of nations would still be determined by their military strength. By this time Birkenhead was regarded with distaste by much of the grassroots Conservative Party. J. C. C. Davidson reported back to Central Office (18 November 1923) on his recent re-adoption as candidate for

Hemel Hempstead Hemel Hempstead () is a town in the Dacorum district in Hertfordshire, England. It is located north-west of London; nearby towns and cities include Watford, St Albans and Berkhamsted. The population at the 2021 United Kingdom census, 2021 cens ...

that many members were unwilling to support him without an assurance that he would not support Birkenhead's return to the Cabinet, lest this cost local votes at the upcoming election. He commented that this was proof that Puritanism was deep in the English blood, and not just in that of Nonconformist chapel-goers.

Neville Chamberlain Arthur Neville Chamberlain (; 18 March 18699 November 1940) was a British politician who served as Prime Minister of the United Kingdom from May 1937 to May 1940 and Leader of the Conservative Party (UK), Leader of the Conservative Party from ...

recorded in his diary (18 November 1923) that Birkenhead had "so often and so deeply shocked the moral sense of the country by his drunkenness and loose living character that our Govt which rests largely on public confidence in our character would be seriously tarnished by association with such a man". After the December 1923 General Election, at which Baldwin lost his majority and a hung Parliament was returned, Birkenhead briefly intrigued for another Lloyd George coalition government. In order to discourage them from associating with Lloyd George, Baldwin quickly invited former coalitionists Austen Chamberlain, Birkenhead and Balfour to join the Shadow Cabinet. Birkenhead persuaded his friend Churchill to stand (unsuccessfully, as an independent "Constitutionalist") in the March 1924 Westminster Abbey by-election. This was part of Churchill's move back towards rejoining the Conservative Party. A 1924 entry in

Evelyn Waugh Arthur Evelyn St. John Waugh (; 28 October 1903 – 10 April 1966) was an English writer of novels, biographies, and travel books; he was also a prolific journalist and book reviewer. His most famous works include the early satires ''Decli ...

's diary states that an English High Court judge, presiding in a

sodomy Sodomy (), also called buggery in British English, principally refers to either anal sex (but occasionally also oral sex) between people, or any Human sexual activity, sexual activity between a human and another animal (Zoophilia, bestiality). I ...

case, sought advice on sentencing from Lord Birkenhead. "Could you tell me," he asked, "what do you think one ought to give a man who allows himself to be buggered?" Birkenhead replied without hesitation, "Oh, thirty shillings or two pounds; whatever you happen to have on you."

Personal life and affair

Smith married Margaret Eleanor Furneaux, daughter of classical scholar Henry Furneaux, in April 1901. They had three children: * Lady Eleanor Furneaux Smith (born 7 August 1902, died 20 October 1945) * Frederick Winston Furneaux Smith, 2nd Earl of Birkenhead (born 7 December 1907, died 10 June 1975) * Lady Pamela Margaret Elizabeth Smith (born 16 May 1914, died 7 January 1982), married

Michael Berry, Baron Hartwell William Michael Berry, Baron Hartwell MBE (18 May 1911 – 3 April 2001), was a British newspaper proprietor and journalist. Early life and education Berry was the second son of the 1st Viscount Camrose and his wife, Mary Agnes Corns. He was ...

. In around 1919, Birkenhead began an affair with Mona Dunn, the then seventeen year old daughter of the Canadian financier James Hamet Dunn, a friend of Lord Beaverbrook's (it is unclear how much her father knew of the affair). Beaverbrook, in so far as can be discerned from the limited surviving evidence in letters, appears to have provided a cover for sexual liaisons between the two of them, and for womanising by others of their social circle. She appears to have been genuinely in love with Birkenhead, whereas he was mildly fond of her but regarded her as no more than a mistress. The affair attracted the fury of Birkenhead’s daughter, a friend of Mona's, a state of affairs likened by Campbell to the relations between Lloyd George, his mistress Frances Stevenson, and his daughter

Megan Megan is a Welsh feminine given name, originally a diminutive form of Margaret. Margaret is from the Greek μαργαρίτης (''margarítēs''), Latin ''margarīta'', "pearl". Megan is one of the most popular Welsh-language names for women in ...

. In 1926

Arnold Bennett Enoch Arnold Bennett (27 May 1867 – 27 March 1931) was an English author, best known as a novelist, who wrote prolifically. Between the 1890s and the 1930s he completed 34 novels, seven volumes of short stories, 13 plays (some in collaborati ...

published a novel, ''Lord Raingo'', about a self-made millionaire who becomes a peer and a Cabinet Minister (under a Prime Minister clearly based on Lloyd George), and who keeps a young mistress. The character was actually largely based on Lord Rhondda and Beaverbrook himself. Birkenhead gave an angry interview to the ''Daily Mail'' in which he criticised both the novel and the recent practice of Colonel Repington, Colonel House and

Margot Asquith Emma Alice Margaret Asquith, Countess of Oxford and Asquith (' Tennant; 2 February 1864 – 28 July 1945), known as Margot Asquith, was a British socialite and author. She was married to British Prime Minister H. H. Asquith from 1894 to his ...

in publishing political secrets so close in time to the events. Bennett replied that the character was not based on any single person and anyway that it was not for Birkenhead, who had recently published a potboiler called ''Famous Trials'', to criticise others for writing books to make money. The two men, who were both members of The Other Club, remained on friendly terms. Mona Dunn had married "Bunny" Tattersall in February 1925. She had a daughter, then died in Paris aged 26 on 19 December 1928, officially of peritonitis. The original text (1983) of John Campbell's biography states that there is no evidence for the tales that she died of a failed abortion. However, later editions contain a footnote adding that it had since come to the author's attention that her husband had been paid off by Birkenhead to enter into a marriage of convenience with her as a cover for their continued affair, and that, the affair now over, she then fled to Paris with a third man, where she died of "appendicitis and drink" (inverted commas in the original). Birkenhead wrote a poem in her memory, which Beaverbrook declined to publish in the ''Daily Express'' at the time, but eventually published three decades later in his life of Sir James Dunn.

Secretary of State for India: 1924–28

Despite winning a large majority at the 1924 election, Baldwin formed a broad new (second) government by appointing former coalitionists such as Birkenhead, Austen Chamberlain and former Liberal Winston Churchill to senior Cabinet posts; this was to discourage them from associating with Lloyd George to revive the 1916-22 Coalition. Birkenhead and Chamberlain lobbied Baldwin to reappoint another former coalitionist, Robert Horne, to the Exchequer, but Baldwin refused and appointed Churchill instead. From 1924 to 1928 Birkenhead served as

Secretary of State for India His (or Her) Majesty's Principal Secretary of State for India, known for short as the India secretary or the Indian secretary, was the British Cabinet minister and the political head of the India Office responsible for the governance of ...

. His views on pre-partition India's independence movement were gloomy. He thought India's Hindu–Muslim religious divide insurmountable and sought to block advances in native participation in provincial governments that had been granted by the 1919

Montagu–Chelmsford Reforms The Montagu–Chelmsford Reforms or more concisely the Mont–Ford Reforms, were introduced by the colonial government to introduce self-governing institutions gradually in British India. The reforms take their name from Edwin Montagu, the Sec ...

. His parliamentary private secretary recalled much time ostensibly on India Office business seemed to be spent playing

golf Golf is a club-and-ball sport in which players use various Golf club, clubs to hit a Golf ball, ball into a series of holes on a golf course, course in as few strokes as possible. Golf, unlike most ball games, cannot and does not use a standa ...

. It was in his government role that in October 1927 he unveiled the Neuve-Chapelle Indian Memorial to Indian Army soldiers of no known grave killed on the Western Front in the 1914–18 War. Birkenhead endorsed his old political opponent

, rather than his Cabinet colleague Lord Cave, in the 1925 University of Oxford Chancellor election. He wrote to ''

The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...

'' on 19 May, describing Asquith as the "greatest living Oxonian", but his support may have done more harm than good, because of his association with the discredited Lloyd George Coalition, and because of his open scepticism both of religion and of the League of Nations. It was quipped that Asquith was "a warming-pan” for Birkenhead's views (a learned Oxford joke, referring to the legend that the Old Pretender had been an impostor baby rather than a rightful heir to the throne). Lord Cave was elected. He was engaged outside the office in negotiating for the government with the

Trades Union Congress The Trades Union Congress (TUC) is a national trade union center, national trade union centre, a federation of trade unions that collectively represent most unionised workers in England and Wales. There are 48 affiliated unions with a total of ...

to try to avert the 1926 General Strike and he strongly supported the 1927 Trades Disputes Act which required union members to contract into the political levies. Baldwin remained suspicious of the activities of Birkenhead and the former coalitionists.

Beatrice Webb Martha Beatrice Webb, Baroness Passfield, (née Potter; 22 January 1858 – 30 April 1943) was an English sociology, sociologist, economist, feminism, feminist and reformism (historical), social reformer. She was among the founders of the Lo ...

recorded (diary 14 March 1928) him remarking "the future Coalition" when he saw Churchill, Lloyd George and Birkenhead chatting at the end of a state dinner. Lord Cave resigned as Lord Chancellor early in 1928. Birkenhead apparently did not want to return to his old job, but neither did Baldwin offer it to him. According to Neville Chamberlain's diary (28 March 1928), this was because "he might be seen drunk in the street" ( Lord Hailsham was appointed instead). Birkenhead retired from the Cabinet in October 1928 to make money in business. In 1928 he was appointed Knight Grand Commander of the

Order of the Star of India The Most Exalted Order of the Star of India is an order of chivalry founded by Queen Victoria in 1861. The Order includes members of three classes: # Knight Grand Commander ( GCSI) # Knight Commander ( KCSI) # Companion ( CSI) No appointments ...

Later life and assessments

Birkenhead's increasingly pompous oratory caused David Low to caricature him in the 1920s as "Lord Burstinghead". After retiring from politics, he became Rector of the

University of Aberdeen The University of Aberdeen (abbreviated ''Aberd.'' in List of post-nominal letters (United Kingdom), post-nominals; ) is a public university, public research university in Aberdeen, Scotland. It was founded in 1495 when William Elphinstone, Bis ...

, a director of

Tate & Lyle Tate & Lyle Public Limited Company is a British-headquartered, global supplier of food and beverage products to food and industrial markets. It was originally a sugar refining business, but from the 1970s, it began to diversify, eventually dive ...

, a director of

Imperial Chemical Industries Imperial Chemical Industries (ICI) was a British Chemical industry, chemical company. It was, for much of its history, the largest manufacturer in Britain. Its headquarters were at Millbank in London. ICI was listed on the London Stock Exchange ...

, and High Steward of the

University of Oxford The University of Oxford is a collegiate university, collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the List of oldest un ...

. In a 1983 biography review, William Camp – who had written a 1960 biography of the man – opined that "F.E. was the quintessential male chauvinist who, almost with his dying breath, dragged himself to the Lords in July 1930 to attack the right of peeresses to take their seats." Birkenhead wrote a series of articles (later republished in ''Last Essays'': 1930) about "The peril to India", in which he criticised the Indian Nationalist leaders as "a collection ... of very inferior Kerenskis" and asserted that it was widely accepted that without British rule India would collapse into anarchy. He attacked the Irwin Declaration as "so ambiguous that it is impossible to select from it any clear and unambiguous proposal". In the opinion of

, who was a friend: "He had all the canine virtues in a remarkable degree – courage, fidelity, vigilance, love of chase." As for

, who was not a friend, she thought: "F. E. Smith is very clever, but sometimes his brains go to his head." Of Birkenhead's loyalty, Churchill added: "If he was with you on Monday, he would be the same on Tuesday. And on Thursday, when things looked blue, he would still be marching forward with strong reinforcements." Gilbert Frankau recalled in his own autobiography ''Self Portrait'', that in 1928 Sir Thomas Horder confided: "Birkenhead's pure eighteenth-century. He belongs to the days of Fox and Pitt. Physically, he has all the strength of our best yeoman stock. Mentally, he's a colossus. But he'll tear himself to pieces by the time he's sixty." In 1930 he published his utopian '' The World in 2030'' with airbrush illustrations by E. McKnight Kauffer. The book was the subject of considerable controversy as several passages were alleged to have been copied from earlier works by J. B. S. Haldane. Birkenhead died in London in 1930, aged 58, from

pneumonia Pneumonia is an Inflammation, inflammatory condition of the lung primarily affecting the small air sacs known as Pulmonary alveolus, alveoli. Symptoms typically include some combination of Cough#Classification, productive or dry cough, ches ...

caused by cirrhosis of the liver. After cremation at

Golders Green Crematorium Golders Green Crematorium and Mausoleum was the first crematorium to be opened in London, and is one of the oldest crematoria in Britain. The land for the crematorium was purchased in 1900, costing £6,000 (the equivalent of £136,000 in 2021), ...

, his ashes were buried in the parish churchyard at Charlton, Northamptonshire.

Screen portrayals

As "Lord Birkenhead", he is dramatised in the film ''

Chariots of Fire ''Chariots of Fire'' is a 1981 historical drama, historical Sports film, sports drama film directed by Hugh Hudson, written by Colin Welland and produced by David Puttnam. It is based on the true story of two British athletes in the 1924 Summer ...

'', as an official of the British Olympic Committee. He is played by actor

Nigel Davenport Arthur Nigel Davenport (23 May 1928 – 25 October 2013) was an English stage, television and film actor, best known as the Duke of Norfolk and Lord Birkenhead in the Academy Award-winning films '' A Man for All Seasons'' and ''Chariots of Fir ...

. His role in the Anglo-Irish treaty negotiations was featured in the penultimate episode of the 1981

BBC Wales BBC Cymru Wales is a division of the BBC and the main public broadcasting, public broadcaster in Wales. It is one of the four BBC national regions, alongside the BBC English Regions, BBC Northern Ireland and BBC Scotland. Established in 1964, ...

biographical series '' The Life and Times of David Lloyd George,''where he was portrayed by Morris Perry.

Works

* ''International Law in the Far East'', 2nd ed. 1908. * ''The Licensing Bill'', 1908. * ''International Law'', 4th ed. 1911. * ''Poems by Samuel Johnson, LLD''. * ''Toryism until 1832''. * ''Speeches, 1906–1909'' (2nd ed.). * ''The Destruction of Merchant Ships'', 1917. * ''My American Visit'', 1918 (2nd edition). * ''The Indian Corps in France'' (2nd edition). * ''The Story of Newfoundland'', 1920. * ''Points of View'', 1922. * ''Contemporary Personalities'', 1924. * ''America Revisited'', 1924. * ''Fourteen English Judges'', 1926. * ''Famous Trials of History'', 1926. * ''Law, Life and Letters'', 1927. * ''More Famous Trials'', 1928. * ''The Speeches of Lord Birkenhead'', 1929. * '' The World in 2030'', 1930. * ''Turning Points in History'', 1930. * ''Last Essays'', 1930. * (Editor) ''The Five Hundred Best English Letters'', 1931. * ''Fifty Famous Fights in Fact and Fiction'', 1932.

Cases

As counsel

* ''R v Casement'' 9171 KB 98, prosecution of

for

high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its d ...

As judge

* '' Viscountess Rhondda's Claim'' 9222 AC 339, right of peeresses to sit in the

* R ''v Secretary of State for Home Affairs, ex p O'Brien'' 923AC 691, legality of British policy of internment in Ireland

Arms

References

Bibliography

* * * * * * * * * * * * * – heavily revised edition of the above, with added material on Smith's political career, and much material relating to his legal career excised. *

External links