Frederick Edwin Smith, 1st earl of Birkenhead

Frederick Edwin Smith, 1st earl of Birkenhead

Frederick Edwin Smith, 1st earl of Birkenhead (born July 12, 1872, Birkenhead, Cheshire, England—died September 30, 1930, London) was a British statesman, lawyer, and noted orator. As lord chancellor (1919–22), he sponsored major legal reforms and helped negotiate the Anglo-Irish Treaty of 1921.

A graduate (1895) of Wadham College, Oxford, Smith taught law at Oxford until 1899, when he was called to the bar and began to practice in Liverpool. Elected to the House of Commons from a Liverpool district in 1906, he attracted attention by the brilliant invective of his first parliamentary speech (March 12) and soon became a leader of the Conservative Party. Sympathizing with his numerous Irish Protestant constituents in Liverpool, he favoured the exclusion of the largely Protestant counties of Ulster from Irish Home Rule. After the formation of H.H. Asquith’s World War I coalition government, he became solicitor general (June 2, 1915) and later (November 3, 1915) succeeded his friend, the Ulster leader Sir Edward Carson, as attorney general. In that capacity he secured the conviction and execution (August 3, 1916) of the Irish nationalist Sir Roger Casement for seeking German aid for Irish revolutionaries. In 1917 he visited the United States and Canada, speaking on behalf of the Allied cause.

After the election of 1918, David Lloyd George, prime minister in the second wartime coalition, offered Smith the lord chancellorship, which he, as Baron Birkenhead, assumed on February 4, 1919. His greatest accomplishments were the Law of Property Act (1922) and subsequent real-property statutes (1925) that replaced a convoluted, largely medieval system of land law. Although enacted after he left office (October 24, 1922), the County Courts Act (1924) and the Supreme Court of Judicature (Consolidation) Act (1925), which reformed the judiciary, were also the results of his efforts.

As lord chancellor, Birkenhead worked for the treaty (December 6, 1921) granting independence to Ireland apart from Ulster. While gaining the friendship of the Irish nationalist leaders Arthur Griffith and Michael Collins, he enraged some of his formerly close associates in the Conservative Party, notably Sir Edward Carson. In 1924, however, he was reconciled with the orthodox Conservatives, and, from then until his retirement in 1928, he served as secretary of state for India in Stanley Baldwin’s second ministry.

Birkenhead was created Viscount Birkenhead in 1921 and earl of Birkenhead and Viscount Furneaux in 1922.

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