Lord Cairns
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Hugh McCalmont Cairns, 1st Earl Cairns (27 December 1819 – 2 April 1885) was an Anglo-Irish statesman who served 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 ...
during the first two ministries of
Benjamin Disraeli Benjamin Disraeli, 1st Earl of Beaconsfield (21 December 1804 – 19 April 1881) was a British statesman, Conservative Party (UK), Conservative politician and writer who twice served as Prime Minister of the United Kingdom. He played a ...
. He was one of the most prominent
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 ...
statesmen 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 ...
during this period of
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politics. He served as the seventeenth
Chancellor of the University of Dublin Introduction The Chancellor of the University of Dublin is the titular head of the University of Dublin, generally referred to by its sole college, Trinity College Dublin, founded in 1592. The current Chancellor is Mary McAleese, former preside ...
between 1867 and 1885.


Background and education

Cairns was born at
Cultra Cultra ( - ) is an affluent residential neighbourhood near Holywood, County Down, Northern Ireland. It is part of Greater Belfast. It is in the Ards and North Down Borough Council area. Cultra is home to the Royal North of Ireland Yacht ...
,
County Down County Down () is one of the six counties of Northern Ireland, one of the nine counties of Ulster and one of the traditional thirty-two counties of Ireland. It covers an area of and has a population of 552,261. It borders County Antrim to the ...
, Ireland. His father, William Cairns, formerly 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 47th regiment, came from a family of Scottish origin which moved to Ireland around 1715. Hugh Cairns was the second son, and was educated at
Belfast Academy The Belfast Royal Academy (also known as ) is the oldest school in the city of Belfast, Northern Ireland. It is a co-educational, non-denominational voluntary grammar school in north Belfast. The Academy is one of 8 schools in Northern Ireland w ...
and at
Trinity College Dublin Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Unive ...
, graduating with a senior moderatorship in
classics Classics, also classical studies or Ancient Greek and Roman studies, is the study of classical antiquity. In the Western world, ''classics'' traditionally refers to the study of Ancient Greek literature, Ancient Greek and Roman literature and ...
in 1838. In 1844, he was called to the Bar by the
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
, to which he had moved from
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 ...
.


Legal and political career

During his first years at the
Chancery Chancery may refer to: Offices and administration * Court of Chancery, the chief court of equity in England and Wales until 1873 ** Equity (law), also called chancery, the body of jurisprudence originating in the Court of Chancery ** Courts of e ...
Bar, Cairns showed little eloquence. He was so slow and diffident that he feared for his legal career. However, in 1852, he entered
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 ...
as member for
Belfast Belfast (, , , ; from ) is the capital city and principal port of Northern Ireland, standing on the banks of the River Lagan and connected to the open sea through Belfast Lough and the North Channel (Great Britain and Ireland), North Channel ...
, and he became a QC in 1856. In 1858, Cairns 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 ...
and was
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ed.Profile
britishmuseum.org. Accessed 10 January 2022.
In May of that year, he made two of his most brilliant and best-remembered speeches in 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 ...
. In the first, he defended the action of Lord Ellenborough, who, as
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, had not only censured
Lord Canning Charles John Canning, 1st Earl Canning (14 December 1812 – 17 June 1862), also known as the Viscount Canning and Clemency Canning, was a British politician and Governor-General of India during the Indian Rebellion of 1857 and the first ...
for a proclamation issued by him as
Governor-General of India The governor-general of India (1833 to 1950, from 1858 to 1947 the viceroy and governor-general of India, commonly shortened to viceroy of India) was the representative of the monarch of the United Kingdom in their capacity as the emperor o ...
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 (18 August 1792 – 28 May 1878), known as Lord John Russell before 1861, was a British Whig and Liberal statesman who served as Prime Minister of the United Kingdom from 1846 to 1852 and again from 1865 to 186 ...
's amendment to the motion for the second reading of the government
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 ...
, winning the approval of
Benjamin Disraeli Benjamin Disraeli, 1st Earl of Beaconsfield (21 December 1804 – 19 April 1881) was a British statesman, Conservative Party (UK), Conservative politician and writer who twice served as Prime Minister of the United Kingdom. He played a ...
. 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 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 ...
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 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 ...
, and in the same year he had availed himself of a vacancy to seek the comparative rest of the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
. 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 Viscount Chelmsford, of Chelmsford in the County of Essex, is a title in the Peerage of the United Kingdom. It was created in 1921 for Frederic Thesiger, 3rd Baron Chelmsford, the former Viceroy of India. The title of Baron Chelmsford, of Chelms ...
, 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. In 1869, Cairns succeeded Lord Malmesbury as the leader of the Conservative opposition 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 ...
. 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
Church of Ireland The Church of Ireland (, ; , ) is a Christian church in Ireland, and an autonomy, autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the Christianity in Ireland, second-largest Christian church on the ...
were equally strenuous. His speech on
Gladstone William Ewart Gladstone ( ; 29 December 1809 – 19 May 1898) was a British politican, starting as Conservative MP for Newark and later becoming the leader of the Liberal Party (UK), Liberal Party. In a career lasting over 60 years, he ...
'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 Earl Granville is a title that has been created twice, once in the Peerage of Great Britain and once in the Peerage of the United Kingdom. It is now held by members of the Leveson-Gower family. First creation The first creation came in the P ...
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, of Hughenden in the County of Buckingham, was a title in the Peerage of the United Kingdom. It was created in 1876 for Prime Minister Benjamin Disraeli, a favourite of Queen Victoria. Victoria favoured Disraeli's Tory poli ...
) died in 1881, there were some Conservatives who considered that his claim to lead the party was better than that of
Lord Salisbury Robert Arthur Talbot Gascoyne-Cecil, 3rd Marquess of Salisbury (; 3 February 183022 August 1903), known as Lord Salisbury, was a British statesman and Conservative Party (UK), Conservative politician who served as Prime Minister of the United ...
. 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 ( ) is a coastal resort town in the Bournemouth, Christchurch and Poole unitary authority area, in the ceremonial county of Dorset, England. At the 2021 census, the built-up area had a population of 196,455, making it the largest ...
, where he died. Lord Cairns was a great supporter of
Barnardo's Barnardo's is a global charity headquartered in Barkingside in the London Borough of Redbridge. It was founded by Thomas John Barnardo in 1866, to care for vulnerable children. As of 2013, it raised and spent around £200 million each ye ...
and was called upon by Dr.
Thomas John Barnardo Thomas John Barnardo (4 July 184519 September 1905) was an Irish, Christian philanthropist and founder and director of homes for poor and deprived children. From the foundation of the first Barnardo's home in 1867 to the date of Barnardo's dea ...
to open his first girl's home at
Barkingside Barkingside is an area in Ilford, in the London Borough of Redbridge. It includes the major road junction of Fullwell Cross, which also gives its name to the locality near that roundabout. The area is situated 10.6 miles (17km) north east of Ch ...
,
Ilford Ilford is a large List of areas of London, town in East London, England, northeast of Charing Cross. Part of the London Borough of Redbridge, Ilford is within the Ceremonial counties of England, ceremonial county of Greater London. It had a po ...
, 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

His influence upon the legislation of the day was largely felt where questions affecting religion and the
Church Church may refer to: Religion * Church (building), a place/building for Christian religious activities and praying * Church (congregation), a local congregation of a Christian denomination * Church service, a formalized period of Christian comm ...
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 In the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The ...
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 The Married Women's Property Act 1882 (45 & 46 Vict. c. 75) was an Act of Parliament (United Kingdom), act of the Parliament of the United Kingdom that significantly altered English law regarding the property rights of married women, which besid ...
, 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 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 ...
on the
Compensation for Disturbance Bill The Compensation for Disturbance Bill (Ireland - 1880), under pressure from John O'Connor Power, member for Mayo, was introduced by Ireland's Chief Secretary, W.E. Forster, on 18 June 1880 as a temporary measure to deal with a deteriorating sit ...
in 1880, and his memorable criticism of Mr Gladstone's policy in the
Transvaal Transvaal is a historical geographic term associated with land north of (''i.e.'', beyond) the Vaal River in South Africa. A number of states and administrative divisions have carried the name ''Transvaal''. * South African Republic (1856–1902; ...
, after Majuba Hill.


Family

Lord Cairns married, in 1856, Mary Harriet, eldest daughter of John MacNeile, of
County Antrim County Antrim (named after the town of Antrim, County Antrim, Antrim, ) is one of the six counties of Northern Ireland, located within the historic Provinces of Ireland, province of Ulster. Adjoined to the north-east shore of Lough Neagh, the c ...
, by whom he had five sons and two daughters: * Hugh Cairns (died 1858), died in infancy * Lady Lilias Charlotte Cairns (1860–1889), married Rev. Henry Nevile Sherbrooke * Arthur William Cairns (1861–1890), 2nd Earl Cairns * Herbert John Cairns (1863–1905), 3rd Earl Cairns * Wilfred Dallas Cairns (1865–1946), 4th Earl Cairns * Douglas Halyburton Cairns (1867–1936), married Lady Constance Anne Montagu Douglas Scott, daughter of
William Montagu Douglas Scott, 6th Duke of Buccleuch William Henry Walter Montagu Douglas Scott, 6th Duke of Buccleuch and 8th Duke of Queensberry (9 September 1831 – 5 November 1914) was a Scottish Member of Parliament (United Kingdom), Member of Parliament and Peerage of Scotland, peer. He was ...
* Lady Kathleen Mary Cairns (1870–1939), married Archdeacon Edward Eliot


References


External links

* * {{DEFAULTSORT:Cairns, Hugh Cairns, 1st Earl Knights Bachelor Lord chancellors of Great Britain Leaders of the Conservative Party (UK) Members of the Privy Council of the United Kingdom Politicians from County Down Alumni of Trinity College Dublin Chancellors of the University of Dublin Cairns, Hugh Cairns, Hugh Cairns, Hugh Cairns, Hugh Cairns, Hugh Earls in the Peerage of the United Kingdom 1819 births 1885 deaths Solicitors general for England and Wales Attorneys general for England and Wales Ulster Scots people People educated at the Belfast Royal Academy Irish Conservative Party MPs Irish Anglicans Members of the Parliament of the United Kingdom for Belfast constituencies (1801–1922) Members of the Judicial Committee of the Privy Council Peers of the United Kingdom created by Queen Victoria