In the appeal cause, Seymour, an infant, v. earl of Euston and lord Henry Seymour, the Solicitor General was heard in reply.
§ Lord Eldonstated the circumstances of the case, and the reasons upon which his own decree was founded, and immediately left the house.
The Lord Chancellorcontended, that the house ought to judge of the case entirely according to the evidence before them; and after delivering his own opinion at considerable length, concluded by moving four resolutions. 1. That so much of the decree made by the court of chancery in this cause, as goes to authorise the appointment of the earl of Euston and lord Henry Seymour, as guardians to the appellant, be reversed. 2. That so much of the said decree as dismisses the petition of the appellant, praying the appointment of Maria Fitzherbert, as her guardian, be affirmed. 3. That so much of the said decree as authorises the appointment of the marquis of Hertford, as guardian, be reversed. 4. That inasmuch as the marquis of Hertford, (nearest in blood to the appellant), and the marchioness of Hertford, appear willing to become guardians: it is ordered, under the particular circumstances of the case, that the said marquis and marchioness of Hertford be appointed guardians to the appellant.
§ Lord Ellenboroughobserved, he had 670 not the honour of being in the least known to any of the noble family in question, save the head of it, the noble marquis, who sat near him. Having the highest respect for his character, he could not object to the appointment of such a guardian; but, he thought, there was such a degree of novelty in many of the circumstances of the present case, involving considerations of such feeling and delicacy, as to induce considerable difficulty in deciding upon it. Perhaps, the noble guardian, feeling for the situation of the child, in kindness and indulgence to her feelings and attachments, might act so as to make very little difference in her present circumstances. He was happy in the consideration that the appointment was under the sanction of the house. He doubted not but the functions of guardian would be fairly executed; but could not avoid observing, that he thought it would be preferable to bring up the child with her brothers and sisters, as the mode affording the best chance of a certainty of moral conduct; and seemed to think it would not be improper, were the noble marquis to state his intentions in that respect.
The Marquis of Hertford ,feeling himself particularly alluded to more than once in the course of the discussion, thought it incumbent on him to trouble their lordships with a few words. He first adverted to the letter he had received from the agents of the respondents, to which he certainly had not thought proper to answer. With respect to the consideration of guardianship, in his mind, it should be regulated by a principle, that the guardian should not enter into any explanation or promise as to his intentions, lest he should place himself in an anxious and arduous dilemma, either to do that which might, under the circumstances, be injurious to his charge, on the one hand, or forfeit his word of honour, on the other. He should therefore enter into no explanations of the kind. With respect to the present situation of miss Seymour, he had deemed it incumbent on him to make particular inquiries, when apprehension of her removal was entertained; by what he could learn, such a step was likely to be attended with danger. He meant no reflection whatever on his noble relatives, but their lordships knew that men might see things in different lights. He had seen his niece at his own house, and at other places, and had every reason to he pleased with her manners and behaviour, the formation of which seemed to be attended to with par- 671 ticular care. The same could be said of her religious education; as, independent of what he was assured by the bishop of Winchester, it might be perceived, that greater attention had been paid to that important consideration, than was usual with the generality of young ladies. Should he undertake the guardianship, it would be accompanied by an understanding, that he pledged himself to nothing; should he deem it likely to conduce to the benefit and advantage of the child, he would suffer her to remain; should he think it necessary to remove her, such a step should be taken: this was before known to be his solemn determination; and so far, he solemnly declared it to he his opinion, that were his late brother and lady Horatia alive, they would not blame him for such a line of conduct. Whether such a plan would eventually prove the most prudent or politic, was another consideration. He had to observe, that the child was long in a most miserable state of health; that in fact her mother was in a dying state nearly the hole time of her pregnancy; end to add, that if any circumstance should make it necessary to remove the child, his house should be her home.—The questions were then put, and the Resolutions agreed to.