careful examination of
precedents. The law officers were out of town; but the
solicitor-general [Jessel] was to come up in the later part of the
week. It was not possible in so limited a time to get a case into
perfect order; still I thought that, as the _adverse_ argument lay
on the surface, I had better have him consulted. I have had no
direct communication with him. But Mr. Lambert with his usual
energy put together the principal materials, and I jotted down all
that occurred to me. Yesterday Mr. Lambert and my private
secretary, Mr. Gurdon, who, as well as the solicitor to the
treasury, had given attention to the subject, brought the matter
fully before the solicitor-general. He has found himself able to
write a full opinion on the questions submitted to him: 1. My
office as C. of E. is an office of profit. 2. My commissionership
of the treasury under the new patent in preparation is an "other
office" under the meaning of the late Act. 3. I cannot be advised
to certify to you any avoidance of the seat. Had the opinion of
Sir G. Jessel been adverse, I should at once have ceased to urge
the argument on the Act, strong as it appears to me to be; but in
point of form I should have done what I now propose to do, viz.,
to have the case made as complete as possible, and to obtain the
joint opinion of the law officers. Perhaps that of the chancellor
should be added. Here ends my narrative, which is given only for
your information, and to show that I have not been negligent in
this matter, the Act requiring me to proceed "forthwith."

Speaker Brand replied (Aug. 18) that, while speaking with reserve on the
main point at issue, he had no hesitation in saying that he thought Mr.
Gladstone was taking the proper course in securing the best legal advice
in the matter. And he did not know what more could be done under present
circumstances.

(M151) The question put to Jessel was "Whether Mr. Gladstone, having
accepted the office of chancellor of the exchequer is not, under the
circumstances stated, protected by the provision contained in section 52
of the Representation of the People Act, 1867, from vacating his seat?"
Jessel answered "I am of opinion that he is so protected." "I may be
wrong," this strong lawyer once said, "and sometimes am; but I have never
any doubts." His reasons on this occasion were as trenchant as his
conclus