e and Jessel went on to the bench, and Sir Henry James and Sir
William Harcourt were brought up from below the gangway to be attorney and
solicitor. In November the new law officers were requested to try their
hands. Taking the brilliant and subtle Charles Bowen into company, they
considered the case, but did not venture (Dec. 1) beyond the singularly
shy proposition that strong arguments might be used both in favour of and
against the view that the seat was vacated.
Meanwhile the _Times_ had raised the question immediately (Aug. 11),
though not in adverse language. The unslumbering instinct of party had
quickly got upon a scent, and two keen-nosed sleuth hounds of the
opposition four or five weeks after Mr. Gladstone had taken the seals of
the exchequer, sent to the Speaker a certificate in the usual form (Sept.
17) stating the vacancy at Greenwich, and requesting him to issue a writ
for a new election. The Speaker reminded them in reply, that the law
governing the issue of writs during the recess in cases of acceptance of
office, required notification to him from the member accepting; and he had
received no such notification.(297) Everybody knew that in case of an
election, Mr. Gladstone's seat was not safe, though when the time came he
was in fact elected. The final state and the outlook could not be better
described than in a letter from Lord Halifax to Mr. Gladstone (Dec. 9):--
_Lord Halifax to Mr. Gladstone._
_Dec. 9, 1873._--On thinking over the case as to your seat, I
really think it is simple enough. I will put my ideas shortly for
your benefit, or you may burn them. You did not believe that you
had vacated your seat on accepting the office of chancellor of the
exchequer, and you did not send notice to the Speaker as required
by the Act of 1858. Were you right? The solicitor-general said
that you were, in a deliberate opinion. The attorney-general
concurred. The present law officers consider it so very doubtful
that they will not give an opinion. The Speaker either from not
having your notice, or having doubts, has not ordered a new writ.
These are the facts. What should you do? _Up to the meeting_ of
parliament you clearly must act as if there was no doubt. If you
do not, you almost admit being wrong. You must assume yourself to
be right, that you are justified in the course which you have
taken, and act consistently on that view. When parli
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