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F. E. Smith, 1st Earl of Birkenhead

Frederick Edwin Smith, 1st Earl of Birkenhead, GCSI, PC, DL (12 July 1872 – 30 September 1930) was a British Conservative politician and barrister who attained high office in the early 20th century, in particular as Lord High Chancellor of Great Britain. He was a skilled orator, noted for his staunch opposition to Irish nationalism, his wit, pugnacious views, and hard living and drinking. He is perhaps best remembered today as Winston Churchill's greatest personal and political friend until Birkenhead's death aged 58 from pneumonia caused by cirrhosis of the liver.

The Earl of Birkenhead
Secretary of State for India
In office
6 November 1924 – 18 October 1928
Prime MinisterStanley Baldwin
Preceded byThe Lord Olivier
Succeeded byThe Viscount Peel
Lord High Chancellor of Great Britain
In office
10 January 1919 – 19 October 1922
Prime MinisterDavid Lloyd George
Preceded byThe Lord Finlay
Succeeded byThe Viscount Cave
Attorney-General for England
In office
3 November 1915 – 10 January 1919
Prime MinisterH. H. Asquith
Preceded bySir Edward Carson
Succeeded bySir Gordon Hewart
Solicitor-General for England
In office
2 June 1915 – 8 November 1915
Prime MinisterH. H. Asquith
Preceded bySir Stanley Buckmaster
Succeeded bySir George Cave
Member of the House of Lords
Lord Temporal
In office
3 February 1919 – 30 September 1930
Hereditary Peerage
Preceded byPeerage created
Succeeded byThe 2nd Earl of Birkenhead
Member of Parliament
for Liverpool Walton
In office
8 February 1906 – 14 December 1918
Preceded byJames Henry Stock
Succeeded byHarry Chilcott
Personal details
Born
Frederick Edwin Smith

12 July 1872 (1872-07-12)
Birkenhead, Cheshire, England
Died30 September 1930(1930-09-30) (aged 58)
Belgravia, London, England
Political partyConservative
Spouse
Margaret Eleanor Furneaux
(m. 1901)
Children
Education

Early life and schooling edit

Smith was born at 38 Pilgrim Street, Birkenhead in Cheshire, the eldest son and second of five surviving children of Frederick Smith (1845–1888) and Elizabeth (1842–1928), daughter of Edwin Taylor a rate collector, of Birkenhead.[1][2] His father had joined the family business as an estate agent, later becoming a barrister and local Tory politician. Frederick Smith senior died at the age of forty-three, only a month after being elected mayor of Birkenhead.[1]

Smith was educated first at a dame school in Birkenhead, then at Sandringham School in Southport (where he announced, at the age of ten, his ambition to become lord chancellor), and then, having failed the entrance exam for Harrow School, at Birkenhead School (1887–1889).[1]

Oxford edit

Smith won a scholarship to University College, Liverpool, where he spent four terms (a fact he subsequently suppressed).[1]

He won a scholarship to Wadham College, Oxford, in 1891.[1] Smith made his name as an Oxford "swell", distinguishing himself by his dark good looks, his energy, his unashamed ambition and his scathing wit. He was the dominant figure of a group of Wadham contemporaries including the athlete C. B. Fry, the future Liberal politician John Simon, and the Liberal economist Francis Hirst. Between them they dominated both the rugby field and the Oxford Union Society.[1]

Smith was already active in national politics as a Tory speaker in the July 1892 general election. Announced initially as his father's son, he spoke all over Lancashire, stirring up Orange opinion against the Liberal policy of Irish home rule.[1]

He obtained a Second Class in Classical Mods before switching to Law. He often debated against Hilaire Belloc at the Oxford Union, where a bust of him now stands, and became President in Trinity term 1894. By massive last-minute cramming he graduated with a first class BA degree in law in 1895.[1]

To his disappointment, he only obtained a Second in his Bachelor of Civil Law degree. In 1896 he won the Vinerian law scholarship and was elected a fellow of Merton College (1896–9),[3] and also a lecturership at Oriel College.[4][1] The F.E. Smith Memorial Mooting Prizes nowadays commemorate him at Merton. In later life his depth of legal learning often surprised critics.[1]

Smith added to his Oxford reputation in May 1897, when he went to see the Prince of Wales open the new Oxford Town Hall. A detachment of the Metropolitan Police Mounted Branch had been drafted in to reinforce the small Oxford City Police force against a large demonstration of university undergraduates. The Metropolitan police, who were unused to boisterous Oxford undergraduates, attacked them with batons, causing several serious injuries. The crowd unhorsed and trampled one policeman.[5] Smith took no part in the disorder, but was arrested when he tried to rescue his college servant, who was being manhandled by the police. Smith became the first prisoner in the police station in the new Town Hall. Before being locked in, Smith raised his hands for silence and declared "I have great pleasure in declaring this cell open". He was tried for obstructing the police in the lawful execution of their duty, but was found not guilty after defending himself in court.[5]

Career as a barrister edit

Having eaten his dinners at Gray's Inn and passed his bar finals with distinction in the summer of 1899, Smith was called to the Bar and finally left Oxford, and quickly built up a brilliant and lucrative practice on the Northern Circuit, initially basing himself in Liverpool.[1]

Formidable style & high-profile court cases edit

Smith rapidly acquired a reputation as a formidable advocate, first in Liverpool and then, after his election to Parliament in 1906, in London. He was junior counsel during the prosecution of John McKeever tried at Liverpool Assizes for the murder of the Protestant activist John Kensit. Although McKeever was acquitted, Smith kept the weapon, a file or chisel and a photograph of where the incident took place in his chambers.[6]

In 1907 he was asked to give an opinion on a proposed libel action by the Lever Brothers against newspapers owned by Lord Northcliffe concerning the latter's allegations of a conspiracy to raise the price of soap by means of a 'soap trust'. He checked into the Savoy and, after working all night reading a pile of papers nearly four feet thick and consuming a bottle of champagne and two dozen oysters, Smith wrote a one-sentence opinion: "There is no answer to this action in libel, and the damages must be enormous".[7][8] The newspapers subsequently paid Lever £50,000, more than four times the previous record for a defamation action or out-of-court published settlement in the country.

In February 1908, Smith was made a King's Counsel by Lord Loreburn, on the same day as his friend and rival from Wadham College, future Home Secretary Sir John Simon. At the Bar, he became one of the best known and most highly paid barristers in the country, making over £10,000 per year before the First World War. His spending was commensurate with this income even after he took less well-paid government positions in later years, something of which he would bitterly complain. Part of his income funded the purchase of a country house, The Cottage at Charlton, Northamptonshire, in 1907. The house was greatly enlarged in 1911–1912.[9]

In one of the best-known cases in which Smith was involved he successfully defended Ethel le Neve, mistress of Hawley Harvey Crippen ("Dr Crippen") against a charge of murder. Le Neve was accused of killing Crippen's wife. Crippen was tried separately and convicted.

Member of Parliament edit

 
"A Successful First Speech ("Moab is my Washpot")"
FE Smith MP depicted in Vanity Fair, January 1907

Ambitious to enter Parliament, Smith cultivated the local Tory boss Archibald Salvidge.[1]

In 1903, Smith gave a dazzling speech in Liverpool in support of Joseph Chamberlain, who was campaigning for Tariff Reform. On the strength of this, he was selected three months later as candidate for the working-class constituency of Walton division.[1] He campaigned as the champion of hard-drinking, patriotic working men (Liberals tended to favour temperance and more pacific foreign policy) and in the 1906 election he narrowly held the seat despite the national Liberal landslide. He held the seat until the redrawing of boundaries in 1918.[1]

He attracted attention by a brilliant maiden speech, "I Warn the Government..." After this speech, Tim Healy, the Irish Nationalist, a master of parliamentary invective, sent Smith a note, "I am old, and you are young, but you have beaten me at my own game." In his maiden speech he argued that advocating tariffs had not hurt the Tories at the recent election.[10] Smith also opposed the Trade Disputes Act 1906 arguing that intimidatory picketing should not be allowed. The Conservative leadership, unwilling to antagonise organised labour, did not oppose the Act very hard.[10]

Smith did not support restriction on the powers of the House of Lords, fearing that tyranny could result from an unchecked unicameral parliament.

He was soon a prominent leader of the Unionist wing of the Conservative Party, especially in the planned Ulster resistance to Irish Home Rule. He attended the Blenheim Palace rally on 27 July 1912, at which Bonar Law advocated forcible resistance. From the signing of the Ulster Covenant in September 1912 onwards, he was often at Edward Carson's side on horseback, hence the derisive nickname "Galloper Smith".[11]

A vociferous opponent of the Disestablishment of the Welsh part of the Church of England, he called the Welsh Disestablishment Bill "a bill which has shocked the conscience of every Christian community in Europe". This prompted G. K. Chesterton to write a satirical poem, "Antichrist, Or the Reunion of Christendom: An Ode", which asked if Breton sailors, Russian peasants and Christians evicted by the Turks would know or care of what happened to the Anglican Church of Wales, and answered the question with the line "Chuck it, Smith". The bill was approved by Parliament under the provisions of the Parliament Act 1911, but was stalled by the outbreak of the First World War. When it was finally implemented in 1920, Smith was part of the Lloyd George Coalition that did so.

First World War edit

Smith had joined the Territorial Army by commission into the Queen's Own Oxfordshire Hussars, in which Churchill was already an officer, in 1913,[4] and was a captain in the regiment[12] before the outbreak of the First World War. On its outbreak he was placed in charge of the Government's Press Bureau, with rank of full colonel and responsibility for newspaper censorship. He was not very successful in this role, and in 1914–1915 served in France as a staff officer with the Indian Corps with ultimate temporary rank of lieutenant-colonel.[12] He and his successor as 'recording officer' (a Colonel Merewether) later collaborated on an official history entitled The Indian Corps in France (published 1917).[13]

In May 1915, he was appointed Solicitor General by H. H. Asquith and knighted.[14] He soon after (in October 1915) succeeded his friend Sir Edward Carson as Attorney General, with the right to attend Cabinet. Early in 1916 he was briefly placed under military arrest for arriving at Boulogne without a pass, and had to be 'appeased' by a meeting with General Sir Douglas Haig.[15]

As Attorney General, it was his responsibility to lead the prosecution for the Crown in major cases such as the trial in 1916 of the Irish nationalist Sir Roger Casement for treason.[14] Sir Roger had been captured after landing from a Kaiserliche Marine U-boat on Banna Strand in Tralee Bay in north County Kerry, south-west Ireland, just a few days before the Easter Rising in late April 1916.[16] His prosecution of Casement (and Wheeldon in 1917) contributed to Smith's reputation as a spectacular advocate at the time.[17]

Smith was made a baronet in 1918. Following abolition of the Walton seat in constituency boundary changes, Smith was returned at the December 1918 general election for neighbouring West Derby Division, only to be elevated to the House of Lords two months later.[1]

Postwar Coalition: Lord Chancellor edit

 
Sir F. E. Smith, newly created Lord Birkenhead, on his appointment as Lord Chancellor

In 1919, he was created Baron Birkenhead, of Birkenhead in the County of Chester[18] following his appointment as Lord Chancellor by Lloyd George.[19] At the age of 47, he was the youngest Lord Chancellor since Lord Cowper in 1707 and possibly since Judge Jeffreys (John Simon would have been younger had he accepted the post in 1915).[20] The Morning Post commented that his appointment as Attorney-General had been amusing but that his further promotion was "carrying a joke beyond the limits of pleasantry", while the King urged Lloyd George to reconsider.[21] Birkenhead proved an excellent Lord Chancellor, but tales of his drunkenness begin from this time, very likely as he grew bored with the job and as it dawned on him that he had probably ruled himself out from the premiership by accepting a peerage.[22]

That year, in the House of Lords debate on the Amritsar Massacre, he courageously denounced Tories who declared General Dyer (the responsible officer) a hero.[23] He played a key role in the passage of several key legal reforms, including the Law of Property Act 1922, which began the reform of English land law which was to come to fruition in the mid-1920s.[24] He also unsuccessfully championed a reform of the divorce laws, which he judged caused great misery and which favoured the wealthy.

Despite his Unionist background, Smith played an important role in the negotiations that led to the signature of the Anglo-Irish Treaty in 1921, which led to the formation of the Irish Free State the following year.[25] Much of the treaty was drafted by Smith. His support for this, and his warm relations with the Irish nationalist leaders Arthur Griffith and Michael Collins, angered some of his former Unionist associates, notably Sir Edward Carson. Upon signing the Treaty he remarked to Collins, "I may have just signed my political death warrant", to which Collins dryly and with prescient accuracy replied, "I have just signed my actual death warrant". Collins was killed by opponents of the treaty eight months after the signing, during the Irish Civil War.[26]

Also in 1921, he was responsible for the House of Lords rejecting a proposal, put forward by Frederick Alexander Macquisten, MP for Argyllshire, to criminalise lesbianism. During the debate, Birkenhead argued that 999 women out of a thousand had "never even heard a whisper of these practices".[27][28]

Smith was created Viscount Birkenhead, of Birkenhead in the County of Chester, in the 1921 Birthday Honours,[29] then Viscount Furneaux, of Charlton in the County of Northampton, and Earl of Birkenhead in 1922. By 1922 Birkenhead and Churchill had become the leading figures of the Lloyd George Coalition. The Anglo-Irish Treaty, the attempt to go to war with Turkey over Chanak (which was later vetoed by the governments of the Dominions) and a general whiff of moral and financial corruption which had come to surround the Coalition were all hallmarks of his tenure in office.

A scandal erupted in 1922 when it became known that Lloyd George, through the agency of Maundy Gregory,[30] had awarded honours and titles such as a baronetcy to rich businessmen in return for cash in the range of £10,000 and more.[31] At an earlier meeting before Parliament broke up for the summer, and more famously at the Carlton Club meeting in October 1922, Birkenhead's hectoring of the junior ministers and backbenchers was one of the factors leading to the withdrawal of support from the Coalition.[32]

Out of office: 1922–24 edit

 
Time cover, 20 Aug 1923

Like many of the senior members of the Coalition, Birkenhead did not hold office in the Bonar Law and Baldwin governments of 1922–24. Unlike the others Birkenhead was rude and open in his contempt for the new governments. He bore no grudge against Bonar Law but criticised Leslie Wilson and Lord Curzon. He sneered that Wilson and Sir George Younger were "the cabin boys" who had taken over the ship, he referred to Lords Salisbury and Selborne as "the Dolly Sisters" after two starlets of the era and remarked that the new Cabinet was one of "second-class brains", to which came the reply from Lord Robert Cecil[33] that this was better than "second-class characters". He remarked that he had lost the Woolsack but was still "captain of [his] own soul" to which a wag retorted that this was "a small command of which no-one will want to deprive him".[34]

In the House of Lords, on 7 December 1922, he read out a letter dated 15 February 1922 in which the Greek leader Dimitrios Gounaris had begged the Foreign Secretary Lord Curzon (who had deserted the Coalition in its final hours and thus retained his office under Bonar Law) for British help in her war against Turkey. Since then, Gounaris had been executed as a scapegoat for the catastrophic Greek defeat. Birkenhead claimed that he had no knowledge of this letter, a claim which was soon echoed by Lloyd George and other leading coalitionists Austen Chamberlain, Robert Horne and Worthington-Evans. The accusations, if true, might have forced Curzon's resignation and jeopardised the ongoing negotiation of the Treaty of Lausanne. Cabinet Secretary Maurice Hankey located the letter, and the reply urging Gounaris to "hold on", which Curzon had circulated to the Cabinet, and which Birkenhead had initialled as read. On 11 December Birkenhead was forced to apologise ("frigidly received" by the Lords, according to "The Times") and Lady Curzon retaliated by cutting him at a ball, but as she remarked to her husband in a letter, he was "too drunk to notice" the snub.[35]

In May 1923, Stanley Baldwin succeeded Bonar Law as Prime Minister. He remarked to his new Cabinet, referring to Birkenhead's exclusion, that they were "a Cabinet of faithful husbands" – this referred to Birkenhead's general character rather than simply his marital infidelities.[36][37]

Even a famous speech, the Rectorial Address to the University of Glasgow on 7 November 1923,[38] in which Birkenhead told undergraduates that the world still offered "glittering prizes" to those with "stout hearts and sharp swords", now seemed out of kilter with the less aggressive and more self-consciously moral style of politics advocated by the new generation of Conservative politicians such as Stanley Baldwin and Edward Wood, the future Lord Halifax. Birkenhead regarded the League of Nations as idealistic nonsense, and thought that international relations should be guided by "self-interest", lest Britain decline like Imperial Spain.[39] Rather, he believed that the power of nations would still be determined by their military strength.[40]

By this time Birkenhead was regarded with distaste by much of the grassroots Conservative Party. J. C. C. Davidson reported back to Central Office (18 November 1923) on his recent re-adoption as candidate for Hemel Hempstead that many members were unwilling to support him without an assurance that he would not support Birkenhead's return to the Cabinet, lest this cost local votes at the upcoming election. He commented that this was proof that Puritanism was deep in the English blood, and not just in that of Nonconformist chapel-goers. Neville Chamberlain recorded in his diary (18 November 1923) that Birkenhead had "so often and so deeply shocked the moral sense of the country by his drunkenness and loose living character that our Govt which rests largely on public confidence in our character would be seriously tarnished by association with such a man".[39]

After the December 1923 General Election, at which Baldwin lost his majority and a hung Parliament was returned, Birkenhead briefly intrigued for another Lloyd George coalition government. In order to discourage them from associating with Lloyd George, Baldwin quickly invited former coalitionists Austen Chamberlain, Birkenhead and Balfour to join the Shadow Cabinet.[41] Birkenhead persuaded his friend Churchill to stand (unsuccessfully, as an independent "Constitutionalist") in the March 1924 Westminster Abbey by-election. This was part of Churchill's move back towards rejoining the Conservative Party.[42]

A 1924 entry in Evelyn Waugh's diary states that an English High Court judge, presiding in a sodomy case, sought advice on sentencing from Lord Birkenhead. "Could you tell me," he asked, "what do you think one ought to give a man who allows himself to be buggered?" Birkenhead replied without hesitation, "Oh, thirty shillings or two pounds; whatever you happen to have on you."[43]

Personal life and affair edit

Smith married Margaret Eleanor Furneaux, daughter of classical scholar Henry Furneaux, in April 1901. They had three children:

In around 1919, Birkenhead began an affair with Mona Dunn, the then seventeen year old daughter of the Canadian financier James Hamet Dunn, a friend of Lord Beaverbrook's (it is unclear how much her father knew of the affair). Beaverbrook, in so far as can be discerned from the limited surviving evidence in letters, appears to have provided a cover for sexual liaisons between the two of them, and for womanising by others of their social circle. She appears to have been genuinely in love with Birkenhead, whereas he was mildly fond of her but regarded her as no more than a mistress. The affair attracted the fury of Birkenhead’s daughter, a friend of Mona's, a state of affairs likened by Campbell to the relations between Lloyd George, his mistress Frances Stevenson, and his daughter Megan.[44]

In 1926 Arnold Bennett published a novel, Lord Raingo, about a self-made millionaire who becomes a peer and a Cabinet Minister (under a Prime Minister clearly based on Lloyd George), and who keeps a young mistress. The character was actually largely based on Lord Rhondda and Beaverbrook himself. Birkenhead gave an angry interview to the Daily Mail in which he criticised both the novel and the recent practice of Colonel Repington, Colonel House and Margot Asquith in publishing political secrets so close in time to the events. Bennett replied that the character was not based on any single person and anyway that it was not for Birkenhead, who had recently published a potboiler called Famous Trials, to criticise others for writing books to make money. The two men, who were both members of The Other Club, remained on friendly terms.[44]

Mona Dunn had married "Bunny" Tattersall in February 1925. She had a daughter, then died in Paris aged 26 on 19 December 1928, officially of peritonitis. The original text (1983) of John Campbell's biography states that there is no evidence for the tales that she died of a failed abortion. However, later editions contain a footnote adding that it had since come to the author's attention that her husband had been paid off by Birkenhead to enter into a marriage of convenience with her as a cover for their continued affair, and that, the affair now over, she then fled to Paris with a third man, where she died of "appendicitis and drink" (inverted commas in the original). Birkenhead wrote a poem in her memory, which Beaverbrook declined to publish in the Daily Express at the time, but eventually published three decades later in his life of Sir James Dunn.[44]

Secretary of State for India: 1924–28 edit

Despite winning a large majority at the 1924 election, Baldwin formed a broad new (second) government by appointing former coalitionists such as Birkenhead, Austen Chamberlain and former Liberal Winston Churchill to senior Cabinet posts; this was to discourage them from associating with Lloyd George to revive the 1916-22 Coalition.[45] Birkenhead and Chamberlain lobbied Baldwin to reappoint another former coalitionist, Robert Horne, to the Exchequer, but Baldwin refused and appointed Churchill instead.[46]

From 1924 to 1928 Birkenhead served as Secretary of State for India. His views on pre-partition India's independence movement were gloomy. He thought India's Hindu–Muslim religious divide insurmountable and sought to block advances in native participation in provincial governments that had been granted by the 1919 Montagu–Chelmsford Reforms. His parliamentary private secretary recalled much time ostensibly on India Office business seemed to be spent playing golf.[47] It was in his government role that in October 1927 he unveiled the Neuve-Chapelle Indian Memorial to Indian Army soldiers of no known grave killed on the Western Front in the 1914–18 War.[48]

Birkenhead endorsed his old political opponent H. H. Asquith, rather than his Cabinet colleague Lord Cave, in the 1925 University of Oxford Chancellor election. He wrote to The Times on 19 May, describing Asquith as the "greatest living Oxonian", but his support may have done more harm than good, because of his association with the discredited Lloyd George Coalition, and because of his open scepticism both of religion and of the League of Nations. It was quipped that Asquith was "a warming-pan” for Birkenhead's views (a learned Oxford joke, referring to the legend that the Old Pretender had been an impostor baby rather than a rightful heir to the throne). Lord Cave was elected.[49]

He was engaged outside the office in negotiating for the government with the Trades Union Congress to try to avert the 1926 General Strike and he strongly supported the 1927 Trades Disputes Act which required union members to contract into the political levies.[47]

Baldwin remained suspicious of the activities of Birkenhead and the former coalitionists. Beatrice Webb recorded (diary 14 March 1928) him remarking "the future Coalition" when he saw Churchill, Lloyd George and Birkenhead chatting at the end of a state dinner.[50] Lord Cave resigned as Lord Chancellor early in 1928. Birkenhead apparently did not want to return to his old job, but neither did Baldwin offer it to him. According to Neville Chamberlain's diary (28 March 1928), this was because "he might be seen drunk in the street" (Lord Hailsham was appointed instead).[51] Birkenhead retired from the Cabinet in October 1928 to make money in business.[52]

In 1928 he was appointed Knight Grand Commander of the Order of the Star of India.

Later life and assessments edit

Birkenhead's increasingly pompous oratory caused David Low to caricature him in the 1920s as "Lord Burstinghead".[23] After retiring from politics, he became Rector of the University of Aberdeen, a director of Tate & Lyle,[citation needed] a director of Imperial Chemical Industries,[30] and High Steward of the University of Oxford. In a 1983 biography review, William Camp – who had written a 1960 biography of the man – opined that "F.E. was the quintessential male chauvinist who, almost with his dying breath, dragged himself to the Lords in July 1930 to attack the right of peeresses to take their seats."[30]

Birkenhead wrote a series of articles (later republished in Last Essays: 1930) about "The peril to India", in which he criticised the Indian Nationalist leaders as "a collection ... of very inferior Kerenskis" and asserted that it was widely accepted that without British rule India would collapse into anarchy. He attacked the Irwin Declaration as "so ambiguous that it is impossible to select from it any clear and unambiguous proposal".[53]

In the opinion of Winston Churchill, who was a friend: "He had all the canine virtues in a remarkable degree – courage, fidelity, vigilance, love of chase." As for Margot Asquith, who was not a friend, she thought: "F. E. Smith is very clever, but sometimes his brains go to his head." Of Birkenhead's loyalty, Churchill added: "If he was with you on Monday, he would be the same on Tuesday. And on Thursday, when things looked blue, he would still be marching forward with strong reinforcements."

Gilbert Frankau recalled in his own autobiography Self Portrait, that in 1928 Sir Thomas Horder confided: "Birkenhead's pure eighteenth-century. He belongs to the days of Fox and Pitt. Physically, he has all the strength of our best yeoman stock. Mentally, he's a colossus. But he'll tear himself to pieces by the time he's sixty."[54]

In 1930 he published his utopian The World in 2030 with airbrush illustrations by E. McKnight Kauffer.[55] The book was the subject of considerable controversy as several passages were alleged to have been copied from earlier works by J. B. S. Haldane.[56]

Birkenhead died in London in 1930, aged 58, from pneumonia caused by cirrhosis of the liver. After cremation at Golders Green Crematorium, his ashes were buried in the parish churchyard at Charlton, Northamptonshire.[47]

Screen portrayals edit

As "Lord Birkenhead", he is dramatised in the film Chariots of Fire, as an official of the British Olympic Committee. He is played by actor Nigel Davenport.

Works edit

Cases edit

As counsel edit

As judge edit

Arms edit

Coat of arms of F. E. Smith, 1st Earl of Birkenhead
 
 
Crest
A cubit arm couped fessways vested Gules cuffed Argent the hand Proper grasping a sword erect also Argent pommel and hilt Or.
Escutcheon
Ermine on a pale Gules between four cross crosslets of the second a like cross Or.
Supporters
Dexter a griffin Or wings per fess Or and Sable, sinister a lion Azure charged on the shoulder with a crozier Or.
Motto
Faber Meæ Fortunæ[57]

References edit

  1. ^ a b c d e f g h i j k l m n o Campbell, John. "Smith, Frederick Edwin, first earl of Birkenhead (1872–1930)". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/36137. (Subscription or UK public library membership required.)
  2. ^ Schuster, Claud. The Post Victorians: Lord Birkenhead. p. 85.[clarification needed]
  3. ^ Levens, R.G.C., ed. (1964). Merton College Register 1900–1964. Oxford: Basil Blackwell. p. 111.
  4. ^ a b The Complete Peerage, Volume XIII, Peerage Creations 1901–1938. St Catherine's Press. 1940. p. 293.
  5. ^ a b Rose, Geoff (1979). A Pictorial History of the Oxford City Police. Oxford: Oxford Publishing Co. p. 5. ISBN 0-86093-094-7.
  6. ^ "John Kensit". Evangelical Times. March 2003. Retrieved 24 October 2020.
  7. ^ Johnson, Paul (15 March 2006). "The age of stout hearts, sharp swords – and fun". The Spectator. London.
  8. ^ Judgment in Cox v. MGN Ltd [2006] EWHC 1235, § 32 (Eady J)
  9. ^ Historic England. "The Cottage (Grade II) (1265934)". National Heritage List for England. Retrieved 25 April 2021.
  10. ^ a b Harris 2013, p. 244.
  11. ^ Harris 2013, pp. 255–6.
  12. ^ a b Kelly's Handbook to the Titled, Landed and Official Classes, 1930. Kelly's. p. 239.
  13. ^ The Complete Peerage, Volume XIII. p. 294.
  14. ^ a b Chisholm, Hugh, ed. (1922). "Birkenhead, Frederick Edwin Smith, 1st Viscount" . Encyclopædia Britannica. Vol. 30 (12th ed.). London & New York: The Encyclopædia Britannica Company. p. 457.
  15. ^ Groot 1988, p.226
  16. ^ Martin Green, "Children of the Sun: A Narrative of Decadence in England After 1918"
  17. ^ Watson Andrew (2019), 'A spectacular quartet of leading barristers' in Speaking in Court. Palgrave Macmillan.https://doi.org/10.1007/978-3-030-10395-8_8
  18. ^ "No. 31162". The London Gazette. 4 February 1919. p. 1794.
  19. ^ "No. 31201". The London Gazette. 25 February 1919. p. 2735.
  20. ^ Campbell 2013, p. 458.
  21. ^ Campbell 2013, p. 460.
  22. ^ Harris 2013, pp. 277–81.
  23. ^ a b Oxford Dictionary of National Biography. Vol. 51. p. 117.
  24. ^ Campbell 2013, p. 483-6.
  25. ^ Harris 2013, pp. 275.
  26. ^ Aitken 1963, pp. 96–123.
  27. ^ Doan, Laura (2001). Fashioning Sapphism: The Origins of a Modern English Lesbian Culture. New York: Columbia University Press. pp. 56–60. ISBN 0-231-11007-3.
  28. ^ The Lord Chancellor, 574 (15 August 1921). "Commons Amdendment, HL Deb 15 August 1921 vol 43 cc567-77". Parliamentary Debates (Hansard). UK: House of Lords. col. 574.
  29. ^ "No. 32346". The London Gazette (Supplement). 4 June 1921. p. 4529.
  30. ^ a b c "That crooked charmer, Smith". The Spectator. 26 November 1983. p. 26.
  31. ^ Crosby, Travis L (2014). The Unknown David Lloyd George: A Statesman in Conflict. IB Tauris. p. 330. ISBN 978-1-78076-485-6.
  32. ^ Aitken 1963, pp. 200–203.
  33. ^ the quote is also sometimes attributed to Stanley Baldwin
  34. ^ Harris 2013, pp. 286–7.
  35. ^ Adams 1999, p.339
  36. ^ Lloyd George and Robert Horne were also notorious womanisers – see their articles for details
  37. ^ Charmley 1993, p. 203
  38. ^ "Idealism in International Politics." Reprinted in: The Speeches of Lord Birkenhead. London, 1929. p. 204-217. According to Paul Johnson (Heroes: From Alexander the Great and Julius Caesar to Churchill and de Gaulle. New York, 2007. p. 207), "The speech was, in its own way, as sensational as his maiden, and required the same kind of courage."
  39. ^ a b Charmley 1993, pp203-4
  40. ^ Harris 2013, p. 332.
  41. ^ Harris 2013, pp. 301–2.
  42. ^ Harris 2013, p. 303.
  43. ^ Cited in The Times 23 May 2006, Law supplement p.7
  44. ^ a b c Campbell 2013, pp. 689–93.
  45. ^ Charmley 1993, pp. 202-3
  46. ^ Charmley 1993, p. 200
  47. ^ a b c Oxford Dictionary of National Biography. Vol. 51. p. 118.
  48. ^ "Neuve-Chapelle Memorial". CWGC.
  49. ^ Koss 1985, pp. 274-275
  50. ^ Toye 2008 p.265
  51. ^ Charmley 1993, pp. 232-3
  52. ^ Charmley 1993 p.234
  53. ^ Charmley 1993, p.245
  54. ^ Frankau, Gilbert (1941). Self Portrait, A Novel of His Own Life. The Book Club. pp. 262–263.
  55. ^ McKnight Kauffer, E. "The World in 2030". fulltable.com.
  56. ^ Campbell 2013, p. 828.
  57. ^ Burke's Peerage. 1959.

Bibliography edit

  • Adams, R J Q (1999). Bonar Law. London: John Murray. ISBN 978-0-719-55422-3.
  • Aitken, Max (1963). The Decline and Fall of Lloyd George. London: Collins.
  • Camp, William (1960). The Glittering Prizes: A Biographical Study of F. E. Smith. London: MacGibbon & Kee.
  • Campbell, John (2013) [1983]. F. E. Smith: First Earl of Birkenhead. London: Faber and Faber. ISBN 978-0-571-30729-6.
  • Campbell, John (2015) [2004]. "Smith, Frederick Edwin, first earl of Birkenhead (1872–1930)". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/36137. (Subscription or UK public library membership required.)
  • Charmley, John (1995) [1993], Churchill: The End of Glory, Sceptre, ISBN 978-0340599228
  • De Groot, Gerard (1988). Douglas Haig 1861–1928. Larkfield, Maidstone: Unwin Hyman.
  • Harris, Robin (2013), The Conservatives – A History, Corgi, ISBN 978-0552170338
  • Heuston, RVF (1964). Lives of the Lord Chancellors 1885–1940. Oxford: Clarendon Press.
  • Koss, Stephen (1985). Asquith. London: Hamish Hamilton. ISBN 978-0-231-06155-1.
  • Roberts, Carl Eric Bechhofer (1927). Lord Birkenhead. Being an account of the life of F.E. Smith, first Earl of Birkenhead. London: Mills and Boon.
  • Smith, Frederick (1933). Frederick Edwin, Earl of Birkenhead. London: Thornton Butterworth.
  • Smith, Frederick (1960). F.E.: The Life of F. E. Smith First Earl of Birkenhead. London: Eyre and Spottiswoode. – heavily revised edition of the above, with added material on Smith's political career, and much material relating to his legal career excised.
  • Toye, Richard (2008). Lloyd George and Churchill: Rivals for Greatness. London: Pan Macmillan. ISBN 978-0-330-43472-0.

External links edit

Parliament of the United Kingdom
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Peerage of the United Kingdom
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smith, earl, birkenhead, author, squadron, frederick, smith, other, people, with, similar, names, frederick, smith, frederick, edwin, smith, earl, birkenhead, gcsi, july, 1872, september, 1930, british, conservative, politician, barrister, attained, high, offi. For the author of 633 Squadron see Frederick E Smith For other people with similar names see Frederick Smith Frederick Edwin Smith 1st Earl of Birkenhead GCSI PC DL 12 July 1872 30 September 1930 was a British Conservative politician and barrister who attained high office in the early 20th century in particular as Lord High Chancellor of Great Britain He was a skilled orator noted for his staunch opposition to Irish nationalism his wit pugnacious views and hard living and drinking He is perhaps best remembered today as Winston Churchill s greatest personal and political friend until Birkenhead s death aged 58 from pneumonia caused by cirrhosis of the liver The Right HonourableThe Earl of BirkenheadGCSI PC DLSecretary of State for IndiaIn office 6 November 1924 18 October 1928Prime MinisterStanley BaldwinPreceded byThe Lord OlivierSucceeded byThe Viscount PeelLord High Chancellor of Great BritainIn office 10 January 1919 19 October 1922Prime MinisterDavid Lloyd GeorgePreceded byThe Lord FinlaySucceeded byThe Viscount CaveAttorney General for EnglandIn office 3 November 1915 10 January 1919Prime MinisterH H AsquithPreceded bySir Edward CarsonSucceeded bySir Gordon HewartSolicitor General for EnglandIn office 2 June 1915 8 November 1915Prime MinisterH H AsquithPreceded bySir Stanley BuckmasterSucceeded bySir George CaveMember of the House of LordsLord TemporalIn office 3 February 1919 30 September 1930Hereditary PeeragePreceded byPeerage createdSucceeded byThe 2nd Earl of BirkenheadMember of Parliamentfor Liverpool WaltonIn office 8 February 1906 14 December 1918Preceded byJames Henry StockSucceeded byHarry ChilcottPersonal detailsBornFrederick Edwin Smith12 July 1872 1872 07 12 Birkenhead Cheshire EnglandDied30 September 1930 1930 09 30 aged 58 Belgravia London EnglandPolitical partyConservativeSpouseMargaret Eleanor Furneaux m 1901 wbr ChildrenEleanorFrederickPamelaEducationUniversity of LiverpoolWadham College Oxford Contents 1 Early life and schooling 2 Oxford 3 Career as a barrister 3 1 Formidable style amp high profile court cases 4 Member of Parliament 5 First World War 6 Postwar Coalition Lord Chancellor 7 Out of office 1922 24 8 Personal life and affair 9 Secretary of State for India 1924 28 10 Later life and assessments 10 1 Screen portrayals 11 Works 12 Cases 12 1 As counsel 12 2 As judge 13 Arms 14 References 14 1 Bibliography 15 External linksEarly life and schooling editSmith was born at 38 Pilgrim Street Birkenhead in Cheshire the eldest son and second of five surviving children of Frederick Smith 1845 1888 and Elizabeth 1842 1928 daughter of Edwin Taylor a rate collector of Birkenhead 1 2 His father had joined the family business as an estate agent later becoming a barrister and local Tory politician Frederick Smith senior died at the age of forty three only a month after being elected mayor of Birkenhead 1 Smith was educated first at a dame school in Birkenhead then at Sandringham School in Southport where he announced at the age of ten his ambition to become lord chancellor and then having failed the entrance exam for Harrow School at Birkenhead School 1887 1889 1 Oxford editSmith won a scholarship to University College Liverpool where he spent four terms a fact he subsequently suppressed 1 He won a scholarship to Wadham College Oxford in 1891 1 Smith made his name as an Oxford swell distinguishing himself by his dark good looks his energy his unashamed ambition and his scathing wit He was the dominant figure of a group of Wadham contemporaries including the athlete C B Fry the future Liberal politician John Simon and the Liberal economist Francis Hirst Between them they dominated both the rugby field and the Oxford Union Society 1 Smith was already active in national politics as a Tory speaker in the July 1892 general election Announced initially as his father s son he spoke all over Lancashire stirring up Orange opinion against the Liberal policy of Irish home rule 1 He obtained a Second Class in Classical Mods before switching to Law He often debated against Hilaire Belloc at the Oxford Union where a bust of him now stands and became President in Trinity term 1894 By massive last minute cramming he graduated with a first class BA degree in law in 1895 1 To his disappointment he only obtained a Second in his Bachelor of Civil Law degree In 1896 he won the Vinerian law scholarship and was elected a fellow of Merton College 1896 9 3 and also a lecturership at Oriel College 4 1 The F E Smith Memorial Mooting Prizes nowadays commemorate him at Merton In later life his depth of legal learning often surprised critics 1 Smith added to his Oxford reputation in May 1897 when he went to see the Prince of Wales open the new Oxford Town Hall A detachment of the Metropolitan Police Mounted Branch had been drafted in to reinforce the small Oxford City Police force against a large demonstration of university undergraduates The Metropolitan police who were unused to boisterous Oxford undergraduates attacked them with batons causing several serious injuries The crowd unhorsed and trampled one policeman 5 Smith took no part in the disorder but was arrested when he tried to rescue his college servant who was being manhandled by the police Smith became the first prisoner in the police station in the new Town Hall Before being locked in Smith raised his hands for silence and declared I have great pleasure in declaring this cell open He was tried for obstructing the police in the lawful execution of their duty but was found not guilty after defending himself in court 5 Career as a barrister editHaving eaten his dinners at Gray s Inn and passed his bar finals with distinction in the summer of 1899 Smith was called to the Bar and finally left Oxford and quickly built up a brilliant and lucrative practice on the Northern Circuit initially basing himself in Liverpool 1 Formidable style amp high profile court cases edit Smith rapidly acquired a reputation as a formidable advocate first in Liverpool and then after his election to Parliament in 1906 in London He was junior counsel during the prosecution of John McKeever tried at Liverpool Assizes for the murder of the Protestant activist John Kensit Although McKeever was acquitted Smith kept the weapon a file or chisel and a photograph of where the incident took place in his chambers 6 In 1907 he was asked to give an opinion on a proposed libel action by the Lever Brothers against newspapers owned by Lord Northcliffe concerning the latter s allegations of a conspiracy to raise the price of soap by means of a soap trust He checked into the Savoy and after working all night reading a pile of papers nearly four feet thick and consuming a bottle of champagne and two dozen oysters Smith wrote a one sentence opinion There is no answer to this action in libel and the damages must be enormous 7 8 The newspapers subsequently paid Lever 50 000 more than four times the previous record for a defamation action or out of court published settlement in the country In February 1908 Smith was made a King s Counsel by Lord Loreburn on the same day as his friend and rival from Wadham College future Home Secretary Sir John Simon At the Bar he became one of the best known and most highly paid barristers in the country making over 10 000 per year before the First World War His spending was commensurate with this income even after he took less well paid government positions in later years something of which he would bitterly complain Part of his income funded the purchase of a country house The Cottage at Charlton Northamptonshire in 1907 The house was greatly enlarged in 1911 1912 9 In one of the best known cases in which Smith was involved he successfully defended Ethel le Neve mistress of Hawley Harvey Crippen Dr Crippen against a charge of murder Le Neve was accused of killing Crippen s wife Crippen was tried separately and convicted Member of Parliament edit nbsp A Successful First Speech Moab is my Washpot FE Smith MP depicted in Vanity Fair January 1907Ambitious to enter Parliament Smith cultivated the local Tory boss Archibald Salvidge 1 In 1903 Smith gave a dazzling speech in Liverpool in support of Joseph Chamberlain who was campaigning for Tariff Reform On the strength of this he was selected three months later as candidate for the working class constituency of Walton division 1 He campaigned as the champion of hard drinking patriotic working men Liberals tended to favour temperance and more pacific foreign policy and in the 1906 election he narrowly held the seat despite the national Liberal landslide He held the seat until the redrawing of boundaries in 1918 1 He attracted attention by a brilliant maiden speech I Warn the Government After this speech Tim Healy the Irish Nationalist a master of parliamentary invective sent Smith a note I am old and you are young but you have beaten me at my own game In his maiden speech he argued that advocating tariffs had not hurt the Tories at the recent election 10 Smith also opposed the Trade Disputes Act 1906 arguing that intimidatory picketing should not be allowed The Conservative leadership unwilling to antagonise organised labour did not oppose the Act very hard 10 Smith did not support restriction on the powers of the House of Lords fearing that tyranny could result from an unchecked unicameral parliament He was soon a prominent leader of the Unionist wing of the Conservative Party especially in the planned Ulster resistance to Irish Home Rule He attended the Blenheim Palace rally on 27 July 1912 at which Bonar Law advocated forcible resistance From the signing of the Ulster Covenant in September 1912 onwards he was often at Edward Carson s side on horseback hence the derisive nickname Galloper Smith 11 A vociferous opponent of the Disestablishment of the Welsh part of the Church of England he called the Welsh Disestablishment Bill a bill which has shocked the conscience of every Christian community in Europe This prompted G K Chesterton to write a satirical poem Antichrist Or the Reunion of Christendom An Ode which asked if Breton sailors Russian peasants and Christians evicted by the Turks would know or care of what happened to the Anglican Church of Wales and answered the question with the line Chuck it Smith The bill was approved by Parliament under the provisions of the Parliament Act 1911 but was stalled by the outbreak of the First World War When it was finally implemented in 1920 Smith was part of the Lloyd George Coalition that did so First World War editSmith had joined the Territorial Army by commission into the Queen s Own Oxfordshire Hussars in which Churchill was already an officer in 1913 4 and was a captain in the regiment 12 before the outbreak of the First World War On its outbreak he was placed in charge of the Government s Press Bureau with rank of full colonel and responsibility for newspaper censorship He was not very successful in this role and in 1914 1915 served in France as a staff officer with the Indian Corps with ultimate temporary rank of lieutenant colonel 12 He and his successor as recording officer a Colonel Merewether later collaborated on an official history entitled The Indian Corps in France published 1917 13 In May 1915 he was appointed Solicitor General by H H Asquith and knighted 14 He soon after in October 1915 succeeded his friend Sir Edward Carson as Attorney General with the right to attend Cabinet Early in 1916 he was briefly placed under military arrest for arriving at Boulogne without a pass and had to be appeased by a meeting with General Sir Douglas Haig 15 As Attorney General it was his responsibility to lead the prosecution for the Crown in major cases such as the trial in 1916 of the Irish nationalist Sir Roger Casement for treason 14 Sir Roger had been captured after landing from a Kaiserliche Marine U boat on Banna Strand in Tralee Bay in north County Kerry south west Ireland just a few days before the Easter Rising in late April 1916 16 His prosecution of Casement and Wheeldon in 1917 contributed to Smith s reputation as a spectacular advocate at the time 17 Smith was made a baronet in 1918 Following abolition of the Walton seat in constituency boundary changes Smith was returned at the December 1918 general election for neighbouring West Derby Division only to be elevated to the House of Lords two months later 1 Postwar Coalition Lord Chancellor edit nbsp Sir F E Smith newly created Lord Birkenhead on his appointment as Lord ChancellorIn 1919 he was created Baron Birkenhead of Birkenhead in the County of Chester 18 following his appointment as Lord Chancellor by Lloyd George 19 At the age of 47 he was the youngest Lord Chancellor since Lord Cowper in 1707 and possibly since Judge Jeffreys John Simon would have been younger had he accepted the post in 1915 20 The Morning Post commented that his appointment as Attorney General had been amusing but that his further promotion was carrying a joke beyond the limits of pleasantry while the King urged Lloyd George to reconsider 21 Birkenhead proved an excellent Lord Chancellor but tales of his drunkenness begin from this time very likely as he grew bored with the job and as it dawned on him that he had probably ruled himself out from the premiership by accepting a peerage 22 That year in the House of Lords debate on the Amritsar Massacre he courageously denounced Tories who declared General Dyer the responsible officer a hero 23 He played a key role in the passage of several key legal reforms including the Law of Property Act 1922 which began the reform of English land law which was to come to fruition in the mid 1920s 24 He also unsuccessfully championed a reform of the divorce laws which he judged caused great misery and which favoured the wealthy Despite his Unionist background Smith played an important role in the negotiations that led to the signature of the Anglo Irish Treaty in 1921 which led to the formation of the Irish Free State the following year 25 Much of the treaty was drafted by Smith His support for this and his warm relations with the Irish nationalist leaders Arthur Griffith and Michael Collins angered some of his former Unionist associates notably Sir Edward Carson Upon signing the Treaty he remarked to Collins I may have just signed my political death warrant to which Collins dryly and with prescient accuracy replied I have just signed my actual death warrant Collins was killed by opponents of the treaty eight months after the signing during the Irish Civil War 26 Also in 1921 he was responsible for the House of Lords rejecting a proposal put forward by Frederick Alexander Macquisten MP for Argyllshire to criminalise lesbianism During the debate Birkenhead argued that 999 women out of a thousand had never even heard a whisper of these practices 27 28 Smith was created Viscount Birkenhead of Birkenhead in the County of Chester in the 1921 Birthday Honours 29 then Viscount Furneaux of Charlton in the County of Northampton and Earl of Birkenhead in 1922 By 1922 Birkenhead and Churchill had become the leading figures of the Lloyd George Coalition The Anglo Irish Treaty the attempt to go to war with Turkey over Chanak which was later vetoed by the governments of the Dominions and a general whiff of moral and financial corruption which had come to surround the Coalition were all hallmarks of his tenure in office A scandal erupted in 1922 when it became known that Lloyd George through the agency of Maundy Gregory 30 had awarded honours and titles such as a baronetcy to rich businessmen in return for cash in the range of 10 000 and more 31 At an earlier meeting before Parliament broke up for the summer and more famously at the Carlton Club meeting in October 1922 Birkenhead s hectoring of the junior ministers and backbenchers was one of the factors leading to the withdrawal of support from the Coalition 32 Out of office 1922 24 edit nbsp Time cover 20 Aug 1923Like many of the senior members of the Coalition Birkenhead did not hold office in the Bonar Law and Baldwin governments of 1922 24 Unlike the others Birkenhead was rude and open in his contempt for the new governments He bore no grudge against Bonar Law but criticised Leslie Wilson and Lord Curzon He sneered that Wilson and Sir George Younger were the cabin boys who had taken over the ship he referred to Lords Salisbury and Selborne as the Dolly Sisters after two starlets of the era and remarked that the new Cabinet was one of second class brains to which came the reply from Lord Robert Cecil 33 that this was better than second class characters He remarked that he had lost the Woolsack but was still captain of his own soul to which a wag retorted that this was a small command of which no one will want to deprive him 34 In the House of Lords on 7 December 1922 he read out a letter dated 15 February 1922 in which the Greek leader Dimitrios Gounaris had begged the Foreign Secretary Lord Curzon who had deserted the Coalition in its final hours and thus retained his office under Bonar Law for British help in her war against Turkey Since then Gounaris had been executed as a scapegoat for the catastrophic Greek defeat Birkenhead claimed that he had no knowledge of this letter a claim which was soon echoed by Lloyd George and other leading coalitionists Austen Chamberlain Robert Horne and Worthington Evans The accusations if true might have forced Curzon s resignation and jeopardised the ongoing negotiation of the Treaty of Lausanne Cabinet Secretary Maurice Hankey located the letter and the reply urging Gounaris to hold on which Curzon had circulated to the Cabinet and which Birkenhead had initialled as read On 11 December Birkenhead was forced to apologise frigidly received by the Lords according to The Times and Lady Curzon retaliated by cutting him at a ball but as she remarked to her husband in a letter he was too drunk to notice the snub 35 In May 1923 Stanley Baldwin succeeded Bonar Law as Prime Minister He remarked to his new Cabinet referring to Birkenhead s exclusion that they were a Cabinet of faithful husbands this referred to Birkenhead s general character rather than simply his marital infidelities 36 37 Even a famous speech the Rectorial Address to the University of Glasgow on 7 November 1923 38 in which Birkenhead told undergraduates that the world still offered glittering prizes to those with stout hearts and sharp swords now seemed out of kilter with the less aggressive and more self consciously moral style of politics advocated by the new generation of Conservative politicians such as Stanley Baldwin and Edward Wood the future Lord Halifax Birkenhead regarded the League of Nations as idealistic nonsense and thought that international relations should be guided by self interest lest Britain decline like Imperial Spain 39 Rather he believed that the power of nations would still be determined by their military strength 40 By this time Birkenhead was regarded with distaste by much of the grassroots Conservative Party J C C Davidson reported back to Central Office 18 November 1923 on his recent re adoption as candidate for Hemel Hempstead that many members were unwilling to support him without an assurance that he would not support Birkenhead s return to the Cabinet lest this cost local votes at the upcoming election He commented that this was proof that Puritanism was deep in the English blood and not just in that of Nonconformist chapel goers Neville Chamberlain recorded in his diary 18 November 1923 that Birkenhead had so often and so deeply shocked the moral sense of the country by his drunkenness and loose living character that our Govt which rests largely on public confidence in our character would be seriously tarnished by association with such a man 39 After the December 1923 General Election at which Baldwin lost his majority and a hung Parliament was returned Birkenhead briefly intrigued for another Lloyd George coalition government In order to discourage them from associating with Lloyd George Baldwin quickly invited former coalitionists Austen Chamberlain Birkenhead and Balfour to join the Shadow Cabinet 41 Birkenhead persuaded his friend Churchill to stand unsuccessfully as an independent Constitutionalist in the March 1924 Westminster Abbey by election This was part of Churchill s move back towards rejoining the Conservative Party 42 A 1924 entry in Evelyn Waugh s diary states that an English High Court judge presiding in a sodomy case sought advice on sentencing from Lord Birkenhead Could you tell me he asked what do you think one ought to give a man who allows himself to be buggered Birkenhead replied without hesitation Oh thirty shillings or two pounds whatever you happen to have on you 43 Personal life and affair editSmith married Margaret Eleanor Furneaux daughter of classical scholar Henry Furneaux in April 1901 They had three children Lady Eleanor Furneaux Smith born 7 August 1902 died 20 October 1945 Frederick Winston Furneaux Smith 2nd Earl of Birkenhead born 7 December 1907 died 10 June 1975 Lady Pamela Margaret Elizabeth Smith born 16 May 1914 died 7 January 1982 married Michael Berry Baron Hartwell In around 1919 Birkenhead began an affair with Mona Dunn the then seventeen year old daughter of the Canadian financier James Hamet Dunn a friend of Lord Beaverbrook s it is unclear how much her father knew of the affair Beaverbrook in so far as can be discerned from the limited surviving evidence in letters appears to have provided a cover for sexual liaisons between the two of them and for womanising by others of their social circle She appears to have been genuinely in love with Birkenhead whereas he was mildly fond of her but regarded her as no more than a mistress The affair attracted the fury of Birkenhead s daughter a friend of Mona s a state of affairs likened by Campbell to the relations between Lloyd George his mistress Frances Stevenson and his daughter Megan 44 In 1926 Arnold Bennett published a novel Lord Raingo about a self made millionaire who becomes a peer and a Cabinet Minister under a Prime Minister clearly based on Lloyd George and who keeps a young mistress The character was actually largely based on Lord Rhondda and Beaverbrook himself Birkenhead gave an angry interview to the Daily Mail in which he criticised both the novel and the recent practice of Colonel Repington Colonel House and Margot Asquith in publishing political secrets so close in time to the events Bennett replied that the character was not based on any single person and anyway that it was not for Birkenhead who had recently published a potboiler called Famous Trials to criticise others for writing books to make money The two men who were both members of The Other Club remained on friendly terms 44 Mona Dunn had married Bunny Tattersall in February 1925 She had a daughter then died in Paris aged 26 on 19 December 1928 officially of peritonitis The original text 1983 of John Campbell s biography states that there is no evidence for the tales that she died of a failed abortion However later editions contain a footnote adding that it had since come to the author s attention that her husband had been paid off by Birkenhead to enter into a marriage of convenience with her as a cover for their continued affair and that the affair now over she then fled to Paris with a third man where she died of appendicitis and drink inverted commas in the original Birkenhead wrote a poem in her memory which Beaverbrook declined to publish in the Daily Express at the time but eventually published three decades later in his life of Sir James Dunn 44 Secretary of State for India 1924 28 editDespite winning a large majority at the 1924 election Baldwin formed a broad new second government by appointing former coalitionists such as Birkenhead Austen Chamberlain and former Liberal Winston Churchill to senior Cabinet posts this was to discourage them from associating with Lloyd George to revive the 1916 22 Coalition 45 Birkenhead and Chamberlain lobbied Baldwin to reappoint another former coalitionist Robert Horne to the Exchequer but Baldwin refused and appointed Churchill instead 46 From 1924 to 1928 Birkenhead served as Secretary of State for India His views on pre partition India s independence movement were gloomy He thought India s Hindu Muslim religious divide insurmountable and sought to block advances in native participation in provincial governments that had been granted by the 1919 Montagu Chelmsford Reforms His parliamentary private secretary recalled much time ostensibly on India Office business seemed to be spent playing golf 47 It was in his government role that in October 1927 he unveiled the Neuve Chapelle Indian Memorial to Indian Army soldiers of no known grave killed on the Western Front in the 1914 18 War 48 Birkenhead endorsed his old political opponent H H Asquith rather than his Cabinet colleague Lord Cave in the 1925 University of Oxford Chancellor election He wrote to The Times on 19 May describing Asquith as the greatest living Oxonian but his support may have done more harm than good because of his association with the discredited Lloyd George Coalition and because of his open scepticism both of religion and of the League of Nations It was quipped that Asquith was a warming pan for Birkenhead s views a learned Oxford joke referring to the legend that the Old Pretender had been an impostor baby rather than a rightful heir to the throne Lord Cave was elected 49 He was engaged outside the office in negotiating for the government with the Trades Union Congress to try to avert the 1926 General Strike and he strongly supported the 1927 Trades Disputes Act which required union members to contract into the political levies 47 Baldwin remained suspicious of the activities of Birkenhead and the former coalitionists Beatrice Webb recorded diary 14 March 1928 him remarking the future Coalition when he saw Churchill Lloyd George and Birkenhead chatting at the end of a state dinner 50 Lord Cave resigned as Lord Chancellor early in 1928 Birkenhead apparently did not want to return to his old job but neither did Baldwin offer it to him According to Neville Chamberlain s diary 28 March 1928 this was because he might be seen drunk in the street Lord Hailsham was appointed instead 51 Birkenhead retired from the Cabinet in October 1928 to make money in business 52 In 1928 he was appointed Knight Grand Commander of the Order of the Star of India Later life and assessments editBirkenhead s increasingly pompous oratory caused David Low to caricature him in the 1920s as Lord Burstinghead 23 After retiring from politics he became Rector of the University of Aberdeen a director of Tate amp Lyle citation needed a director of Imperial Chemical Industries 30 and High Steward of the University of Oxford In a 1983 biography review William Camp who had written a 1960 biography of the man opined that F E was the quintessential male chauvinist who almost with his dying breath dragged himself to the Lords in July 1930 to attack the right of peeresses to take their seats 30 Birkenhead wrote a series of articles later republished in Last Essays 1930 about The peril to India in which he criticised the Indian Nationalist leaders as a collection of very inferior Kerenskis and asserted that it was widely accepted that without British rule India would collapse into anarchy He attacked the Irwin Declaration as so ambiguous that it is impossible to select from it any clear and unambiguous proposal 53 In the opinion of Winston Churchill who was a friend He had all the canine virtues in a remarkable degree courage fidelity vigilance love of chase As for Margot Asquith who was not a friend she thought F E Smith is very clever but sometimes his brains go to his head Of Birkenhead s loyalty Churchill added If he was with you on Monday he would be the same on Tuesday And on Thursday when things looked blue he would still be marching forward with strong reinforcements Gilbert Frankau recalled in his own autobiography Self Portrait that in 1928 Sir Thomas Horder confided Birkenhead s pure eighteenth century He belongs to the days of Fox and Pitt Physically he has all the strength of our best yeoman stock Mentally he s a colossus But he ll tear himself to pieces by the time he s sixty 54 In 1930 he published his utopian The World in 2030 with airbrush illustrations by E McKnight Kauffer 55 The book was the subject of considerable controversy as several passages were alleged to have been copied from earlier works by J B S Haldane 56 Birkenhead died in London in 1930 aged 58 from pneumonia caused by cirrhosis of the liver After cremation at Golders Green Crematorium his ashes were buried in the parish churchyard at Charlton Northamptonshire 47 Screen portrayals edit As Lord Birkenhead he is dramatised in the film Chariots of Fire as an official of the British Olympic Committee He is played by actor Nigel Davenport Works editInternational Law in the Far East 2nd ed 1908 The Licensing Bill 1908 International Law 4th ed 1911 Poems by Samuel Johnson LLD Toryism until 1832 Speeches 1906 1909 2nd ed The Destruction of Merchant Ships 1917 My American Visit 1918 2nd edition The Indian Corps in France 2nd edition The Story of Newfoundland 1920 Points of View 1922 Contemporary Personalities 1924 America Revisited 1924 Fourteen English Judges 1926 Famous Trials of History 1926 Law Life and Letters 1927 More Famous Trials 1928 The Speeches of Lord Birkenhead 1929 The World in 2030 1930 Turning Points in History 1930 Last Essays 1930 Editor The Five Hundred Best English Letters 1931 Fifty Famous Fights in Fact and Fiction 1932 Cases editAs counsel edit R v Casement 1917 1 KB 98 prosecution of Sir Roger Casement for high treasonAs judge edit Viscountess Rhondda s Claim 1922 2 AC 339 right of peeresses to sit in the House of Lords R v Secretary of State for Home Affairs ex p O Brien 1923 AC 691 legality of British policy of internment in IrelandArms editCoat of arms of F E Smith 1st Earl of Birkenhead nbsp nbsp Crest A cubit arm couped fessways vested Gules cuffed Argent the hand Proper grasping a sword erect also Argent pommel and hilt Or Escutcheon Ermine on a pale Gules between four cross crosslets of the second a like cross Or Supporters Dexter a griffin Or wings per fess Or and Sable sinister a lion Azure charged on the shoulder with a crozier Or Motto Faber Meae Fortunae 57 References edit a b c d e f g h i j k l m n o Campbell John Smith Frederick Edwin first earl of Birkenhead 1872 1930 Oxford Dictionary of National Biography online ed Oxford University Press doi 10 1093 ref odnb 36137 Subscription or UK public library membership required Schuster Claud The Post Victorians Lord Birkenhead p 85 clarification needed Levens R G C ed 1964 Merton College Register 1900 1964 Oxford Basil Blackwell p 111 a b The Complete Peerage Volume XIII Peerage Creations 1901 1938 St Catherine s Press 1940 p 293 a b Rose Geoff 1979 A Pictorial History of the Oxford City Police Oxford Oxford Publishing Co p 5 ISBN 0 86093 094 7 John Kensit Evangelical Times March 2003 Retrieved 24 October 2020 Johnson Paul 15 March 2006 The age of stout hearts sharp swords and fun The Spectator London Judgment in Cox v MGN Ltd 2006 EWHC 1235 32 Eady J Historic England The Cottage Grade II 1265934 National Heritage List for England Retrieved 25 April 2021 a b Harris 2013 p 244 Harris 2013 pp 255 6 a b Kelly s Handbook to the Titled Landed and Official Classes 1930 Kelly s p 239 The Complete Peerage Volume XIII p 294 a b Chisholm Hugh ed 1922 Birkenhead Frederick Edwin Smith 1st Viscount Encyclopaedia Britannica Vol 30 12th ed London amp New York The Encyclopaedia Britannica Company p 457 Groot 1988 p 226 Martin Green Children of the Sun A Narrative of Decadence in England After 1918 Watson Andrew 2019 A spectacular quartet of leading barristers in Speaking in Court Palgrave Macmillan https doi org 10 1007 978 3 030 10395 8 8 No 31162 The London Gazette 4 February 1919 p 1794 No 31201 The London Gazette 25 February 1919 p 2735 Campbell 2013 p 458 Campbell 2013 p 460 Harris 2013 pp 277 81 a b Oxford Dictionary of National Biography Vol 51 p 117 Campbell 2013 p 483 6 Harris 2013 pp 275 Aitken 1963 pp 96 123 Doan Laura 2001 Fashioning Sapphism The Origins of a Modern English Lesbian Culture New York Columbia University Press pp 56 60 ISBN 0 231 11007 3 The Lord Chancellor 574 15 August 1921 Commons Amdendment HL Deb 15 August 1921 vol 43 cc567 77 Parliamentary Debates Hansard UK House of Lords col 574 No 32346 The London Gazette Supplement 4 June 1921 p 4529 a b c That crooked charmer Smith The Spectator 26 November 1983 p 26 Crosby Travis L 2014 The Unknown David Lloyd George A Statesman in Conflict IB Tauris p 330 ISBN 978 1 78076 485 6 Aitken 1963 pp 200 203 the quote is also sometimes attributed to Stanley Baldwin Harris 2013 pp 286 7 Adams 1999 p 339 Lloyd George and Robert Horne were also notorious womanisers see their articles for details Charmley 1993 p 203 Idealism in International Politics Reprinted in The Speeches of Lord Birkenhead London 1929 p 204 217 According to Paul Johnson Heroes From Alexander the Great and Julius Caesar to Churchill and de Gaulle New York 2007 p 207 The speech was in its own way as sensational as his maiden and required the same kind of courage a b Charmley 1993 pp203 4 Harris 2013 p 332 Harris 2013 pp 301 2 Harris 2013 p 303 Cited in The Times 23 May 2006 Law supplement p 7 a b c Campbell 2013 pp 689 93 Charmley 1993 pp 202 3 Charmley 1993 p 200 a b c Oxford Dictionary of National Biography Vol 51 p 118 Neuve Chapelle Memorial CWGC Koss 1985 pp 274 275 Toye 2008 p 265 Charmley 1993 pp 232 3 Charmley 1993 p 234 Charmley 1993 p 245 Frankau Gilbert 1941 Self Portrait A Novel of His Own Life The Book Club pp 262 263 McKnight Kauffer E The World in 2030 fulltable com Campbell 2013 p 828 Burke s Peerage 1959 Bibliography edit Adams R J Q 1999 Bonar Law London John Murray ISBN 978 0 719 55422 3 Aitken Max 1963 The Decline and Fall of Lloyd George London Collins Camp William 1960 The Glittering Prizes A Biographical Study of F E Smith London MacGibbon amp Kee Campbell John 2013 1983 F E Smith First Earl of Birkenhead London Faber and Faber ISBN 978 0 571 30729 6 Campbell John 2015 2004 Smith Frederick Edwin first earl of Birkenhead 1872 1930 Oxford Dictionary of National Biography online ed Oxford University Press doi 10 1093 ref odnb 36137 Subscription or UK public library membership required Charmley John 1995 1993 Churchill The End of Glory Sceptre ISBN 978 0340599228 De Groot Gerard 1988 Douglas Haig 1861 1928 Larkfield Maidstone Unwin Hyman Harris Robin 2013 The Conservatives A History Corgi ISBN 978 0552170338 Heuston RVF 1964 Lives of the Lord Chancellors 1885 1940 Oxford Clarendon Press Koss Stephen 1985 Asquith London Hamish Hamilton ISBN 978 0 231 06155 1 Roberts Carl Eric Bechhofer 1927 Lord Birkenhead Being an account of the life of F E Smith first Earl of Birkenhead London Mills and Boon Smith Frederick 1933 Frederick Edwin Earl of Birkenhead London Thornton Butterworth Smith Frederick 1960 F E The Life of F E Smith First Earl of Birkenhead London Eyre and Spottiswoode heavily revised edition of the above with added material on Smith s political career and much material relating to his legal career excised Toye Richard 2008 Lloyd George and Churchill Rivals for Greatness London Pan Macmillan ISBN 978 0 330 43472 0 External links edit nbsp Wikimedia Commons has media related to Frederick Edwin Smith 1st Earl of Birkenhead nbsp Wikiquote has quotations related to F E Smith 1st Earl of Birkenhead nbsp Wikisource has original works by or about F E Smith 1st Earl of Birkenhead Works by F E Smith 1st Earl of Birkenhead at Project Gutenberg Works by or about F E Smith 1st Earl of Birkenhead at Internet Archive Hansard 1803 2005 contributions in Parliament by F E Smith Portraits of F E Smith at the National Portrait Gallery London nbsp Newspaper clippings about F E Smith 1st Earl of Birkenhead in the 20th Century Press Archives of the ZBWParliament of the United KingdomPreceded byJames Henry Stock Member of Parliament for Liverpool Walton1906 1918 Succeeded byHarry ChilcottPreceded byWilliam Rutherford Member of Parliament for Liverpool West Derby1918 1919 Succeeded bySir Reginald HallLegal officesPreceded bySir Stanley Buckmaster Solicitor General for England1915 Succeeded bySir George CavePreceded bySir Edward Carson Attorney General for England1915 1919 Succeeded bySir Gordon HewartPolitical officesPreceded byThe Lord Finlay Lord High Chancellor of Great Britain1919 1922 Succeeded byThe Viscount CavePreceded byThe Lord Olivier Secretary of State for India1924 1928 Succeeded byThe Viscount PeelAcademic officesPreceded byBonar Law Rector of the University of Glasgow1922 1925 Succeeded byAusten ChamberlainPreceded byViscount Cecil of Chelwood Rector of the University of Aberdeen1927 1930 Succeeded byArthur KeithPeerage of the United KingdomNew creation Earl of Birkenheadand Viscount Furneaux 1922 1930 Succeeded byFrederick Winston Furneaux SmithViscount Birkenhead1921 1930Baron Birkenhead1919 1930Baronetage of the United KingdomNew creation Baronet of Hillbrook 1911 1930 Succeeded byFrederick Winston Furneaux SmithAwards and achievementsPreceded bySamuel George Blythe Cover of Time magazine20 August 1923 Succeeded byFrederick G Banting Retrieved from https en wikipedia org w index php title F E Smith 1st Earl of Birkenhead amp oldid 1192113486, wikipedia, wiki, book, books, library,

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