John Stuart (judge)
Encyclopedia
Sir John Stuart was a British Conservative Party
politician who sat in the House of Commons from 1846 to 1852, before becoming a judge.
in Argyll
. He was called to the bar at Lincoln's Inn
in November 1819.
(MP) for the borough of Newark-on-Trent
at an unopposed by-election in January 1846. The borough was at that time under the patronage of the under the patronage of the Dukes of Newcastle-under-Lyne, and the 4th Duke was a staunch Conservative and protectionist. In an address "to the free and independent-minded electors of the borough of Newark", he pledged himself as a "firm supporter" of the Church of England
and of the Corn Laws
, claiming that their abolition would "injure the best interests of our empire". The hustings took place in the town square of Newark
in heavy rain on the morning of 29 January 1846, where Stuart spoke in favour of protection for agriculture and for industry. Since no other candidate was proposed, Stuart was nominated and promptly declared elected. He was re-elected at the 1847 general election
.
At the 1852 general election
he did not stand again in Newark. The 5th Duke (who had succeeded in 1851) was a supporter of free trade
, and declined to support Stuart. Stuart was elected instead for the borough of Bury St Edmunds
. He resigned that seat later the same year to take up the post of Vice Chancellor
(i.e. a judge of the Court of Chancery
). He succeeded James Parker
, who had died, after some speculation. Earlier that year Stuart had refused the post of Solicitor General
in Lord Derby
's new government
, and was reported to be indignant that he was not appointed Lord Chancellor
. Whilst he was reported by The Times
to be eminently qualified for the role, it was suggested that his Ultra-Toryism
and opposition to reform of Chancery would make his appointment unpopular.
He was knight
ed in 1853, and sat as a judge until 1871, when he retired on a pension and was sworn as member of the Privy Council
.
He was a landlord in Scotland, with estates at Loch Carron
in Ross-shire
and Grishernish on the Isle of Skye. He was reported by The Times
newspaper to be a "deservedly popular" landlord.
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
politician who sat in the House of Commons from 1846 to 1852, before becoming a judge.
Early life
Stuart was the son of Dugald Stuart, of BallachulishBallachulish
The village of Ballachulish in Lochaber, Highland, Scotland, is centred around former slate quarries. The name Ballachulish was more correctly applied to the area now called North Ballachulish, to the north of Loch Leven, but was usurped for the quarry villages at East Laroch and West Laroch,...
in Argyll
Argyll
Argyll , archaically Argyle , is a region of western Scotland corresponding with most of the part of ancient Dál Riata that was located on the island of Great Britain, and in a historical context can be used to mean the entire western coast between the Mull of Kintyre and Cape Wrath...
. He was called to the bar at Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in November 1819.
Career
He was elected as a Member of ParliamentMember 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,...
(MP) for the borough of Newark-on-Trent
Newark (UK Parliament constituency)
Newark is a county constituency represented in the House of Commons of the Parliament of the United Kingdom. Since 1885, it has elected one Member of Parliament by the first past the post system of election....
at an unopposed by-election in January 1846. The borough was at that time under the patronage of the under the patronage of the Dukes of Newcastle-under-Lyne, and the 4th Duke was a staunch Conservative and protectionist. In an address "to the free and independent-minded electors of the borough of Newark", he pledged himself as a "firm supporter" of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
and of the Corn Laws
Corn Laws
The Corn Laws were trade barriers designed to protect cereal producers in the United Kingdom of Great Britain and Ireland against competition from less expensive foreign imports between 1815 and 1846. The barriers were introduced by the Importation Act 1815 and repealed by the Importation Act 1846...
, claiming that their abolition would "injure the best interests of our empire". The hustings took place in the town square of Newark
Newark-on-Trent
Newark-on-Trent is a market town in Nottinghamshire in the East Midlands region of England. It stands on the River Trent, the A1 , and the East Coast Main Line railway. The origins of the town are possibly Roman as it lies on an important Roman road, the Fosse Way...
in heavy rain on the morning of 29 January 1846, where Stuart spoke in favour of protection for agriculture and for industry. Since no other candidate was proposed, Stuart was nominated and promptly declared elected. He was re-elected at the 1847 general election
United Kingdom general election, 1847
-Seats summary:-References:* F. W. S. Craig, British Electoral Facts: 1832-1987* British Electoral Facts 1832-1999, compiled and edited by Colin Rallings and Michael Thrasher *...
.
At the 1852 general election
United Kingdom general election, 1852
The July 1852 United Kingdom general election was a watershed election in the formation of the modern political parties of Britain. Following 1852, the Tory/Conservative party became, more completely, the party of the rural aristocracy, while the Whig/Liberal party became the party of the rising...
he did not stand again in Newark. The 5th Duke (who had succeeded in 1851) was a supporter of free trade
Free trade
Under a free trade policy, prices emerge from supply and demand, and are the sole determinant of resource allocation. 'Free' trade differs from other forms of trade policy where the allocation of goods and services among trading countries are determined by price strategies that may differ from...
, and declined to support Stuart. Stuart was elected instead for the borough of Bury St Edmunds
Bury St Edmunds (UK Parliament constituency)
Bury St Edmunds is a county constituency located in Suffolk and centred on the town of Bury St Edmunds. It elects one Member of Parliament to in the House of Commons of the Parliament of the United Kingdom...
. He resigned that seat later the same year to take up the post of Vice Chancellor
Chancellor of the High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. Before October 2005, when certain provisions of the Constitutional Reform Act 2005 took effect, the office was known as the Vice-Chancellor...
(i.e. a judge of the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
). He succeeded James Parker
James Parker (judge)
Sir James Parker was a British barrister who became Vice Chancellor of the High Court.Parker was born in Glasgow, the son of Charles Stuart Parker and his wife Mary Rainey. He was educated at Glasgow Grammar School and Trinity College, Cambridge. In 1829, he was called to the bar at Lincoln's Inn...
, who had died, after some speculation. Earlier that year Stuart had refused the post of Solicitor General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
in Lord Derby
Edward Smith-Stanley, 14th Earl of Derby
Edward George Geoffrey Smith-Stanley, 14th Earl of Derby, KG, PC was an English statesman, three times Prime Minister of the United Kingdom, and to date the longest serving leader of the Conservative Party. He was known before 1834 as Edward Stanley, and from 1834 to 1851 as Lord Stanley...
's new government
Who? Who? Ministry
The First Derby Ministry, known as the "Who? Who?" Ministry, was a short-lived British Conservative Government which was in power for a matter of months in 1852. Lord Derby was the Prime Minister and Benjamin Disraeli served as Chancellor of the Exchequer...
, and was reported to be indignant that he was not appointed Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
. Whilst he was reported by The Times
The Times
The 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...
to be eminently qualified for the role, it was suggested that his Ultra-Toryism
Ultra-Tories
The Ultra-Tories were an Anglican faction of British and Irish politics that appeared in the 1820s in opposition to Catholic emancipation. They were later called the "extreme right wing" of British and Irish politics. They broke away from the governing party in 1829 after the passing of the...
and opposition to reform of Chancery would make his appointment unpopular.
He was knight
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
ed in 1853, and sat as a judge until 1871, when he retired on a pension and was sworn as member of the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
.
Family
In 1813, Stuart married Jessie, the daughter of Duncan Stewart.He was a landlord in Scotland, with estates at Loch Carron
Loch Carron
Loch Carron is a sea loch on the west coast of Ross and Cromarty in the Scottish Highlands. It is the point at which the River Carron enters the North Atlantic Ocean....
in Ross-shire
Ross-shire
Ross-shire is an area in the Highland Council Area in Scotland. The name is now used as a geographic or cultural term, equivalent to Ross. Until 1889 the term denoted a county of Scotland, also known as the County of Ross...
and Grishernish on the Isle of Skye. He was reported by The Times
The Times
The 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...
newspaper to be a "deservedly popular" landlord.