Edwin James
Encyclopedia
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Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(c.1812 - 4 March 1882) was an English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
who also practised in the U.S., a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and would-be actor
Actor
An actor is a person who acts in a dramatic production and who works in film, television, theatre, or radio in that capacity...
. Disbarred in England and Wales for professional misconduct, he ended his life in poverty. He was the first ever Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
to suffer disbarment
Disbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
.
Early career
His parents were John James, a solicitorSolicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
and secondary of the City of London, and his wife Caroline née Combe, niece of Harvey Christian Combe
Harvey Christian Combe
Harvey Christian Combe was an English Whig politician.He was Lord Mayor of London in 1799.At the 1796 general election he was elected as a Member of Parliament for the City of London. He held the seat for 21 years, until he resigned from the House of Commons in 1817 by taking the Chiltern Hundreds...
.
He unsuccessfully attempted to establish a career as an actor at an early age, taking lessons from John Cooper
John Cooper (actor)
John Cooper , was a British actor active between 1811 and 1859, who played in "a singularly large number of parts, some of them of leading importance" in many locations in England, Wales and Scotland.-Early years:...
. He played at a private theatre in Gough Street, Gray's Inn Road
Gray's Inn Road
Gray's Inn Road, formerly Gray's Inn Lane, is a major road in central London, in the London Borough of Camden. It is named after Gray's Inn, one of the main Inns of Court. The road starts in Holborn, near Chancery Lane tube station and the boundaries of the City of London and the London Borough...
, London and appeared as George Barnwell in The London Merchant
The London Merchant
The London Merchant is playwright George Lillo's most famous work. A tragedy that follows the downfall of a young apprentice due to his association with a prostitute, it is remarkable for its use of middle and working class characters...
at Cooper's Theatre Royal, Bath
Theatre Royal, Bath
The Theatre Royal in Bath, England, is over 200 years old. It is one of the more important theatres in the United Kingdom outside London, with capacity for an audience of around 900....
. But, he lacked the natural good looks to succeed in the theatre, being said by Cyrus Jay to have "the appearance of a prize fighter". He turned to the law to become a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, being called to the bar by the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1836.
James practised on the Home circuit and his most famous cases included:
- The successful prosecution of poisonPoisonIn the context of biology, poisons are substances that can cause disturbances to organisms, usually by chemical reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an organism....
er William PalmerWilliam Palmer (murderer)William Palmer was an English doctor who was convicted of murder in one of the most notorious cases of the 19th century.-Early life:...
in 1856. - The successful defence of Dr Simon Bernard, who was tried in 1858 for complicityAccompliceAt law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery...
with Felice OrsiniFelice OrsiniFelice Orsini was an Italian revolutionary and leader of the Carbonari who tried to assassinate Napoleon III, Emperor of the French.-Early:Felice Orsini was born at Meldola in Romagna, then part of the Papal States....
in his plot to assassinateAssassinationTo carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
Napoleon III of FranceNapoleon III of FranceLouis-Napoléon Bonaparte was the President of the French Second Republic and as Napoleon III, the ruler of the Second French Empire. He was the nephew and heir of Napoleon I, christened as Charles Louis Napoléon Bonaparte...
. James aroused controversy with his defence that Bernard had intended to kill a person other than Napoleon III. John Simon was James's junior at the trial. - The Canadian appealAppealAn appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
case of the fugitive slaveSlaverySlavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
John Anderson.
James was made QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1850 but was not elected a bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of the Inner Temple as was customary. This may have been because of the Establishment
The Establishment
The Establishment is a term used to refer to a visible dominant group or elite that holds power or authority in a nation. The term suggests a closed social group which selects its own members...
's distaste for his radical
Radicalism (historical)
The term Radical was used during the late 18th century for proponents of the Radical Movement. It later became a general pejorative term for those favoring or seeking political reforms which include dramatic changes to the social order...
sympathies and the nature of his practice. The Spectator
The Spectator
The Spectator is a weekly British magazine first published on 6 July 1828. It is currently owned by David and Frederick Barclay, who also owns The Daily Telegraph. Its principal subject areas are politics and culture...
described him as:
James was appointed Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Brighton
Brighton
Brighton is the major part of the city of Brighton and Hove in East Sussex, England on the south coast of Great Britain...
in 1855, by that time enjoying an income of £7,000 per year (£477,000 at 2003 prices). In 1859 he was elected Liberal
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
MP for Marylebone
Marylebone (UK Parliament constituency)
Marylebone was a parliamentary constituency in Middlesex, England from 1832 to 1885. The parliamentary borough formed part of the built up area of London, and returned two members to the House of Commons of the Parliament of the United Kingdom...
.
Scandal
As an MP, he was a loyal supporter of PalmerstonHenry Temple, 3rd Viscount Palmerston
Henry John Temple, 3rd Viscount Palmerston, KG, GCB, PC , known popularly as Lord Palmerston, was a British statesman who served twice as Prime Minister in the mid-19th century...
and favoured the introduction of a ballot
Ballot
A ballot is a device used to record choices made by voters. Each voter uses one ballot, and ballots are not shared. In the simplest elections, a ballot may be a simple scrap of paper on which each voter writes in the name of a candidate, but governmental elections use pre-printed to protect the...
for parliamentary elections and the abolition of church tax
Church tax
A church tax is a tax imposed on members of some religious congregations in Austria, Denmark, Finland, Germany, Iceland, Italy, Sweden, some parts of Switzerland and several other countries.- Germany :About 70% of church revenues come from church tax...
es to support the state church. His radicalism went beyond the mainstream. He spoke in public in support of democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
and against Napoleon III, and spent part of 1859 at the camp of Giuseppe Garibaldi
Giuseppe Garibaldi
Giuseppe Garibaldi was an Italian military and political figure. In his twenties, he joined the Carbonari Italian patriot revolutionaries, and fled Italy after a failed insurrection. Garibaldi took part in the War of the Farrapos and the Uruguayan Civil War leading the Italian Legion, and...
. His reputation suffered by his alleged bribery of voters in his campaign on behalf of John Jervis in the Horsham
Horsham (UK Parliament constituency)
Horsham is a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election.- Boundaries :...
in 1847.
Early in 1861, James was reputedly on the point of being appointed Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
but on 9 April 1861, he suddenly resigned all his public offices, stating that he needed to devote his time to his professional career. It came to light that he was in dire financial difficulties, owing £100,000 (£7.5 million at 2003 prices) and under investigation by his Inn. It was established that he had:
- Led Lord WorsleyCharles Anderson-Pelham, 3rd Earl of YarboroughCharles Anderson-Pelham, 3rd Earl of Yarborough , known as Lord Worsley from 1846 to 1852, was a British peer....
, the young son of Lord YarboroughCharles Anderson-Pelham, 2nd Earl of YarboroughCharles Anderson Worsley Anderson-Pelham, 2nd Earl of Yarborough was a British nobleman who succeeded to the Earldom of Yarborough in 1846....
, into debts of £35,000 (£2.6 million at 2003 prices) in 1857 and 1860; - Obtained £20,000 (£1.6 million at 2003 prices) from Mr Fryar, a solicitor and his election advisor, by misrepresentationMisrepresentationMisrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality...
in 1853; and - Borrowed £1,250 (£94,000 at 2003 prices) from a witness he was to cross-examineCross-examinationIn law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
in return for a promise of light questioning.
Yarborough apparently persuaded James to resign his public offices in order to protect Worsley.
Marriage and family
On 9 July 1861 James married Marianne née Hilliard. They divorced in 1863, after having emigrated to the United States.James became a naturalized United States citizen in 1866. In 1868 he married Eliza née Wilson (1825–1902). She had formerly been married to Joachim Hayward Stocqueler.
Disbarment and after
DisbarredDisbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
on 18 June 1861, James soon emigrated to the U.S. and was admitted to the bar in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. There he was lauded as a leader of the English Bar, and he commented publicly on matters of public controversy, such as the Trent Affair
Trent affair
The Trent Affair, also known as the Mason and Slidell Affair, was an international diplomatic incident that occurred during the American Civil War...
. The British press suggested that the New York Bar
Association of the Bar of the City of New York
The New York City Bar Association , founded in 1870, is a voluntary association of lawyers and law students. Since 1896, the organization, formally known as the Association of the Bar of the City of New York, has been headquartered in a landmark building on 44th Street, between Fifth and Sixth...
were well aware of his disbarment in England.
When James' earlier conduct did become known in America, an attempt was made to disbar him there; it failed when he denied the charges on oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
and the judges were equally divided as to his culpability. He appeared to have resurrected his acting career, performing at the Winter Garden Theatre
Winter Garden Theatre
The Winter Garden Theatre is a Broadway theatre located at 1634 Broadway in midtown Manhattan.-History:The structure was built by William Kissam Vanderbilt in 1896 to be the American Horse Exchange....
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in 1865.
He became an associate editor of the New York Clipper, a sporting and entertainment newspaper. He also worked as the publicity manager for Adah Menken, the actress known for her sensational performance as "Mazeppa
Mazeppa
-Places:United States* Mazeppa, Minnesota* Mazeppa, Pennsylvania* Mazeppa Township, Wabasha County, Minnesota* Mazeppa Township, South DakotaAustralia* Mazeppa National Park-People:* Ivan Mazepa, known also as Mazeppa, a Ukrainian Cossack hetman...
". He kept up a long correspondence with her until her death in Paris. He took American citizenship
United States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
in 1866.
After returning to England in 1873, James failed to gain readmission to the bar of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. He also failed to be admitted as a solicitor or to be selected for Marylebone. He practised as a paralegal
Paralegal
Paralegal is used in most jurisdictions to describe a paraprofessional who assists qualified lawyers in their legal work. This is true in the United States and many other countries. However, in Ontario, Canada, paralegals are licensed by the Law Society of Upper Canada, giving paralegals an...
for the rest of his life but was in poor financial circumstances, and eventually relied on charity
Charity (practice)
The practice of charity means the voluntary giving of help to those in need who are not related to the giver.- Etymology :The word "charity" entered the English language through the Old French word "charité" which was derived from the Latin "caritas".Originally in Latin the word caritas meant...
.
By James
- James, E. J. (1842) The Act for the Amendement of the Law in Bankruptcy
- — (1858) The Speech of E. James in Defence of S. Bernard
- — (1867) The Bankrupt Law of the United States
- — (1872) The Political Institutions of America and England
Obituaries
- The TimesThe TimesThe Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
, 7 March 1882, p.10 col.D - Daily News, 7 March 1882, p.5
- Solicitors' Journal, 26 (1881–2), 301
- Law Times, 18 March 1882, p.358
About James
- [Anon.] (1859) Illustrated London NewsIllustrated London NewsThe Illustrated London News was the world's first illustrated weekly newspaper; the first issue appeared on Saturday 14 May 1842. It was published weekly until 1971 and then increasingly less frequently until publication ceased in 2003.-History:...
, 30 April, 429 - [Anon.] (1861a) "The fall of Mr Edwin James", Saturday ReviewSaturday Review (London)The Saturday Review of politics, literature, science, and art was a London weekly newspaper established by A. J. B. Beresford Hope in 1855....
, 13 April, 358-359 - [Anon.] (1861b) "Edwin James on the Trent AffairTrent affairThe Trent Affair, also known as the Mason and Slidell Affair, was an international diplomatic incident that occurred during the American Civil War...
", Solicitors' Journal and Reporter, 8 February, 253 - [Anon.] (1861–2) Law Magazine, new series, 12:263–86
- [Anon.] (1862a) "The disbarmment of Edwin James, Esq. Q.C.", Solicitors' Journal and Reporter, 14 December, 103
- [Anon.] (1862b) "The Inner Temple benchers — Disbarment of Edwin James Q.C.", Law Magazine and Review, 12:266; 13:335–45
- [Anon.] (1862c) Annual RegisterAnnual RegisterThe Annual Register is a long-established reference work, written and published each year, which records and analyses the year’s major events, developments and trends throughout the world...
, 140–43 - — rev. Metcalfe, E. (2004) "James, Edwin John (1812–1882)", Oxford Dictionary of National Biography, Oxford University Press, accessed 27 Dec 2007 , pp75-86