Our Legal Heritage: Lord Brougham’s glittering legal career and Stormy Daniels moment
Graham Ogilvy tells the story of the remarkable Scottish advocate who became a reforming lord chancellor, developed the French Riveira and narrowly avoided a damaging sex scandal.
The next time you are promenading along the Promenade des Anglais in Nice, spare a thought for Henry Peter Brougham, the brilliant Scottish advocate whose statue looks down on holiday-makers in Cannes and who was responsible in large measure for the development of the Riviera as a tourist destination.
It was the last, and least, of his many achievements. These included abolishing slavery, founding the influential Edinburgh Review, overseeing the introduction of the 1832 Reform Act, defending Queen Caroline in her famous defence case by threatening to cite the adulterous affairs of George IV, making the longest ever speech in the House of Commons (six hours) and, for good measure, designing his own horse-drawn carriage – the eponymous Brougham.
But it could all have been so different a for this gifted son of the Scottish Enlightenment.
Succumbing to the weakness of the flesh, Brougham was one of the dozens of clients of Harriette Wilson, a notorious courtesan and mother of the illegitimate child of the Duke of Argyll. Facing a penurious old age after being let down by her wealthy lovers, Harriette effectively blackmailed them into paying to be left out of her scandalous memoirs, which became a sensation.
Brougham coughed up and wisely stayed out of The Memoirs of Harriette Wilson, Written By Herself, which opens with a memorable first sentence: “I shall not say how and why I became, at the age of fifteen, the mistress of the Earl of Craven.”
Born in Edinburgh’s Cowgate, on 19 September 1778, Brougham was the son of a land-owning family and was educated at the Royal High School and the University of Edinburgh, where he displayed a genius for mathematics and natural sciences.
Brougham began his working life as a freelance journalist and was a co-founder of the Edinburgh Review in 1802, a publication that played a significant role in promoting liberal ideas and social reforms for much of the 19th century. His income from journalism subsidised his time devilling and he was called to the Scottish bar in 1800 and the English bar in 1808. He quickly established a reputation for his formidable skills as an advocate.
Entering politics as a reforming Whig, Brougham was elected as a Member of Parliament for Camelford in 1810, and later for Winchelsea, Knaresborough, and Yorkshire. He was a passionate campaigner for the abolition of slavery, championing the cause of emancipation both in Parliament and through his writings. His efforts contributed significantly to the passage of the Slavery Abolition Act of 1833.
Brougham’s legal reforms were also significant. As lord chancellor from 1830 to 1834 under Prime Minister Earl Grey, he led major changes in the British legal system. His tenure of office saw the implementation of the Reform Act of 1832, which expanded the electoral franchise and eliminated many “rotten boroughs”. He also introduced reforms to the Court of Chancery and the establishment of the Central Criminal Court, aiming to make justice more accessible and efficient.
Defending his representation of Queen Caroline, Brougham made a speech now famous for delineating the role of a defence advocate:
“An advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client. To save that client by all means and expedients, and at all hazards and costs to other persons, and amongst them, to himself, is his first and only duty; and in performing this duty he must not regard the alarm, the torments, the destruction which he may bring upon others. Separating the duty of a patriot from that of an advocate, he must go on reckless of consequences, though it should be his unhappy fate to involve his country in confusion.”
His belief in self-improvement through education meant that he was instrumental in founding the University of London in 1826, which aimed at providing accessible higher education to people regardless of their religious background. His dedication to public education was further demonstrated by his involvement in the Mechanics’ Institutes, which provided adult education in technical subjects.
Brougham was also a passionate supporter of women’s rights and worked towards improving the conditions of the poor.
Elevated to the peerage as Baron Brougham and Vaux in 1830, he continued to be an active public figure well into his later years. Brougham spent his final years in Cannes, France, where he had arrived by accident on his way Italy, and played a key role in developing the town into a popular resort.
He died there on 7 May 1868, leaving behind a legacy of reform and progress that had a lasting impact on British society.