The British Press; or, Morning Literary Advertiser. — London, England, 1806-03-04 00:00:00

' ti attend the itial first the subjetits of tlie reafro.l d a right to the attendance et the Judge; in the Lnurts of Justice ; the question did not at all turn upon whether the presen; Jiotice was fit to , he trusted in both situations? but upon that degree of scrupulous delicacy, which It was essential to pro• serve, in considerations of the kind t With respeO to the precedents of Chief Justices Lee and Eyre, their attendance was upois Privy Councils getierally sum moned, and not as habitual Members of the Cabinet. I le :on:ended fat the expediency of preserving the channels through which the justice of she country we; admiaisteted, not only as pure in' themselves as posOhle, fait fire from evety attendant circumstance which may even give rise to a suspicion. The Earl of CARLISLE considered the present • di•cussion as 1.• , 3 proceeding from an alarm really exiiting in the puhlic mind, than from An endeavour te lower, in the public opinion, an Administration remarkable for its coosbinatien of talents, know ledge, and integrity ; which the Sovereign, in his parental care of the intereos and security of his subjects, had called to official duty. He had never bested of arcyolyeasiness exinine before that night ; but, even so, the, proposition of the Noble Earl d d not go to cure the evil ; it rich...? went tv prevent A Judge from tiring called upon for his advice, in the ' quality of Privy Counsellor ; there were various in ' stances and caws in point, where such persons weir calied upon, and admitted as confidential advisers of the Crown; and even to a late period of . Site present reign ; and no sort of prailical incon evidence or evil ever appeared to result from it. .:he poprositidn. if adopted. would go to the e!..ew , io•l of every . Judge, not only from the Ca binet, bat from giving any advice whatsoever to the . Groats. He conceived it, upon the whole, to he as ill-timed a-motion as ever he heard of, and even its adoption cool!, not answer its professed purpnse. Lord 130RINGLION said, that his principal objeaton to tie appointment complained of was, that the Noble Lotd stood in the double capacity of, Chief Justice of the King's Bench, and one of His Majsety's Ministers of State ; offices which, in his opinion. were lette incompatible with each oasts. In the first capacity, the Noble Lord was not removable at the discretion of the Crown ; but in the second situation he was removable at plea sure. To :thew the inexpediency of this, he would suppose, that for his conduct in the advice he gave to his Sovereign, as a Cabinet Minister, he might be impeached by the House of Commons, and he would leave it to their Lordships to judge of the propriety of having a person in such a situa tion, that he might come from administering the laws and justice of the country in his Court, to take his trial in WestrninFser Nall for high He mentioned the crones ant rinsueme.........— ___ c i rcu mstance of a . Noble Lord, who, in a ei i suilar situation. expressed his regret that he had ever accepted of the double office, in conseqoence of , i the unpopularity with which it was attended. No. k . suspicion should attach itself to the administration. f• s ice. It may so happen. f or instance that a 11 -- • 41 ° • .6..1a decide a publication to be Ififillous ; i k a so, how could the seess..d r iovti ei.sia3 to find aiol impartial jucoce hero a judge who h. 4 a ready , prejudged his case 4 , a merober of the eakin t ? He did reit wish to embartas tios or any i Administration,by any idle o r unnecessary motions ; I but, when he consideredahe A dM:iliftratioll of justice I • in this country was such as to excite tha admiration • and envy of sutiounJlng nations, it was, in his hind, tr:CASSAI y that it should be kept pure and-Iree irons all suspicion. Lord SIDMOUTH aJmitted, that the cilesti'm flow agitated was of very great importance, and that not:-ing was more essential than that the admiristiation of civil aid criminal justice should remain pure and unsuspected. He was sur prised a. the observation made by a Noble and , .learned friend of . his (Lord Eldon), that were he Lord Chief Justice of the King's Bench. and ap- pruoted to a seat in the Cabinet, though he might have accepted of it, he slould have:ll4ov.! it as soon as be tound that the ettbhc spin ielb wit against it, because he wished to keep unsullied the purity of British jurisdiaion. Did- the Noble Led refleft that the tendency of such al *nion was, to call in IN question the legitimate prero eof the Crown. and be rochalive.of gienibpubhc alsimay, in the present crisis, by keeping Sin of the public service a man of such talons, imegrite, and principle', AS the present Chief Justice of England? Such a vndency he thought very inconsistent with the professions of friendship made towards the Noble Lord in question. It was said, but as '' - e should thew, fallaciously, that Lord Chief Jos - o "s!ansfield was the only solita r y instance of a o .e being known in the same double capacity ; Se.•, in making that assertion, Noble Lords seemed ~(1 o irget that L• rd Hardwicke, one of the greatest i,rid best constitutional lawyers this country ever knee. held for six months the united offices of Led Chancellor, Lord Chief Justice ot the King's Bench, and a Cabinet Minister. In addition to this. he would remind the House, that by the A& of the 4th and Sth of Queen Anne. it was provided, that in case of a suspension of the InnEtions of the Cowen, a Regency should be appointed to exercise the Royal prerogatives ; and amongst the Lords so appointed, were the Lord Chancellor, the Lord Privy Peal, and Lord Holt, then Chief Justice of the Court of King's Bench, who were. in case of the demise of the Queen, to continue in office till the arrival of Grotge i. at that time Elea or of Hanover. That Bill did not pass without vehement discussion ; but in all the debates, As tar as he could have acce's to them. no obieilinn was made to Lord thief Justice Holt, nor afterwards to his successor, Lord Chief Justice parker. to faa, the Lori Chief Justice was always in the secrets of the Government, from his being a Privy Ccnia•ellor ; and if they looken to the alifiing oaths, they would find that they were the tame for a Privy Counsellor and a-Member of the Cabinet ; which was tie more than a idea com mittee of the Privy Council. All the arguments, therefore, whish applied to the Noble Lord's being a Cabinet Minister, would be equally st ong against his being. as he was,. is tVe. a Pfil7 Counsellor , for all the offioces ..of which the Privy Council had cognzance, tutvt, by their orders, be brought before the Lord t hid Justice, who was one of that Council, in his judicial capacity. These of fences stay consist of calumnies against the Govern ment or the Privy Council ; hut what appeared to hist to he decisive. was, that by the same argil- mente,the leordChief Justice, should never be a mem ber of that House i for ,libel against the House, might be .4iteaed by him, as a Lord of Parliament; and yet would come before him stain in his ca pacity of Lord Clsief Justice of. the Coen of King's Bench. Whatever anxiety might be onegted'eto have'pMvailsince ed u su pon bsided ; this subjandea amongst th co p n e efideople, d long confident that it wars a subjea of gratulation amongst them, to have a Nobleman in the councils of the go vernment, who could not ever go into Isis court, or bear to be addressed by the learned and ho nourable gentlemen who pre-diked there, in lan gnage of respeet, if he were not conscious of his o wn purity and integrity. From the chats ter of the present administration, the people must he satisfied, that the Sovereign was well-advised in the choice of th se whom he admitted into his Cabinet. The Noble Lord in question may have, and miter. have, many political, but he b-sieved few. if any, personal adversaries. His ju.lic:al conJuft could never be suspoeled of twine warped by any political conneetinns, nor did he ever hear that any such stinpicions were ever ens tertained of Lord Hardwicke. Lott' Talbot, or Of of those other eminent charaelers who stood in CIA sh.uie capacity. His office was not held arthe trill n of the Crown ; his judicial proceed:ngs wire elwites.publie ; and he urost decide riches by the ler scripts. or the common law of the land. Ai a Privy Counsellor. I,e must have an antecede know ledge of any libels that m a y apogee against dee Go vernment ; but to say c h i: chsenalifted bird knits sitting in judgment on them, would equally &per to all the Judges on the circuits, who were always previously apprized of the nature of tlfe offences, and the evidence th tt should be produced, by'tlie. depositions taken before the several Magietrates.- 1 - 1 He could not' consider this in any other light titan as a personal question ; and ileum these iroeeds he should give his neeetive to the Motion. Lord MU LG R AVE observed, that it would ill become him to objeft to the appointment in qfieS tion, tiom any personal considerations ; but he saw no fair ground of opposition to the Motion, which did not call in question the cheraeler et an/ Mete. It was the province of a wise Government, to counsel His Majesty to exercise his prerogatives far whole some purposes ; and the simple question now was, whether it wet e wise to advise His Ntijesty to the a: - pointment of the Lord Chief Justice of the King's Bench, to a seat in the Cabinet ? To say that similar objections may as well be taken to the Constitution ot that House, becanse the same person was a Peer and a Judge. was doing no mote than putting ex- urense cases ; and the same may truly he said ot moist of the arguments on the other side. There was a great difference between the right of gibing eadvice, and being selected for peculiar confidence to for a men may very well be chiseeti for tien exercise -Or participation of power-in time of a Iteeency or Minority, who might not he a fit co:Advised •,td !viser of die reigni!‘g Monarch. It se ,s in error to &suppose, that the name of entente Mini nerittielied oothing, peculiar, as every one most bele:me thet there was Vowniven is.r.rteritfiderStOild in this country, of in Etereme, than the distinetion between a NUMMI' of. the. Cabinet, or Minister of state, and a Peril Ctiun seller. bird Mansfield was a sin ruler man, end \ perhaps scarcely ever equalled, in his situation, ftir a comprehensive knowledge. and the most brilliant . talent.; but many of their lendthips were std enough to ternember, that his 4 sittlation in the Cabi net rendered him extremely unpopular. beceuee the people thought they had aotglet to consider him as a politicel Judge. if the present Government, as had beets so often represented. combined all the splendid talents of the coantry, they had the less i onasion for a person so objeetionable. 'f he Noble Lord a question, had. undoentedly, greet merit in his profession, and of gre a t pr.:dice in the Coatis, but he was only newly known AS a Statesman ; he was taken from the Bar to be maee Attorney-Ge neral, and was s ion afterwards moistened to the Chief Justiceship of the King's Bench, without having had any room for the display of his political abilities. He said, that however the President Mon testeieu might have been admired here and on the Continent, for his eulogium on the &ibis Consti tution in his n Spirit of Leone" he must nlsn be ad mitted, even in that House, as competent authority; sad he thought with the Noble Lord who made the motion, that the testimony of such it man as Mr. Jus tice Blackstone ought not to be nit:sleeted. It may be said, the in cases where the Cabinet deliberated on the matter of a libel, the Lord Chief Justice need not attend it; but, in order to assure the public of this, it would not only be necessary that the names of all the attending Cabinet Ministeis should be pub lished, but also the eubjetts which Cory had in debate. which would be inconsistent with the now, enjoin ed them. In euepnrt of his observations, he sup posed a case in which the Cabinet should ditto a prosecution against a libel on Bonaparte, an instance of which had - happened before, in what a situation would the Lord Chief Justice be now p lac eed ? The sentence to be passed in case of ic tion was at his discretion. If it were lenient, Bo naparte. or any other foreign Prince, might say, that celismnies against him were encouraged ; and should it be severe, tie subject might allege, that he was made a sacrifice so the wish of the cabinet to conciliate the Prince Another objection was, that the Chief Justice could not be dismissed, but in consequence of a joint address of both Houses of Parliament ; and should they address his Majesty to remove him, as a confidential and Cabinet Minister. be might induce the Sovereign not to comply with it. lepna the whole, he heped that the present Go vernment would either remove him themselves, for the purpose of inviting the public with more cone fidence in them. or that the Noble Lord himself would agree to resign his situation. Lord C,Ii'.I'SFORT said, that all the argu ments in favour of the motion were only founded on suspicion, for the Noble Lord (Eldon) who spoke early in the debate, acknowledged that the appointment was not illegal ; and the Noble Mover confined himself merely to the inexpediency. It should be reel-die:lei, that what was called the Cabinet, never exemined witnesses, nor ordered any prosecutions, for thet was the province of the Privy Council ; an 1 that His Majesty was author ised by the Constitution to demand legal advice in eves y measure, from the best and highest legal au thority. the opinion of Mr. Justice Blackstone only sent to state, chit it would be dangerous for a Nli n i i n s t t e h r at of State;u it I d i a a b g i t e re t t n w l' i e ts a not •not the opinion 'of the Lord Chiif Justice Us the situation but a If Member the K of fthe had Cabinet, he might have it privately, whenever he thought proper to all upon him as a Privy Coun sellor. The same arguments that applied,against this, would be equally applicable to that House call ing for the opinion of the Judges, and he expressed his determination to oppose the motion, were it only on theground of its interference with the exercise of the Royal Prerogative. Lord AUCKLAND said, he would not enter, into any discussion of the general question, but touch upon a few points, to shew that this appoint ment was not unprecedented ; for which purpose he stated, that, in 1&79, when Charles 11. dismissed his Ministers, by the advice of Sir Wm. TeMple„ he assured the Parliament that he would, in future, be directed by the advice of his Cabinet Council, of which the Lord Chief Justice was a member r; %het in 1757, Lord Hardwicke exercised, for a time, chi joint ' offices of Lord Chancellor, Lord Chief Jos. I tice, and a Member of the Cabinet ; that in the years.l7BB.9, Lord Chief Justice Kenyon was fre (silently called in to give his a dvice in the Cab inet; • that •Lord Mansfield, beside Lord Chief .kultice, was, for seven years, not only a Member of the Cabinet, but the m •st efficient Minister of the -Esc 9itive Government ; that Sir Edward Moritague held both situations at the same time ; that in the year 1705. the Judges of the land were dirsaed to draw up a bill of regency, which. was brougho in by lond Holt, Chief Justice of the Court of King's Bench. and, that on a reference to history, he founsis that ever since the reign of Henry VIII. the Lords , Chief Justice almost uniformly participated in the Winn' of the Foecutive Government. If the • Constitution preclnded them from that participation, the Judges could not be made Peers of Parliament,, I and the country would have been, deprived of the IleOslative advantages derived from their assistancryi i Upon t he whole, he maintained , that their coolsthe no disquiet is the country upon this subjea, as liei inhered no man could suspeet that the present Ca-I bind was not composed of persons firmly attachodi to. and perfeßly resolved to defend, the Consti.4 tution. Lord ELDON offered a fe w words in explana i 191 d 11 AW KESBURY agreed with the oppoeel of C i e motion, that the question was one of y r great importance. There was no Peer present wins could more hi , 4lllv esteem, than he did, the charoaer of the Noble Lord, whose appointment was tine sobi jca of debate. There were other Members hill' ini ' the present Administration, for whom lie entertain.% ad a very sincere respell, and i'n'ert was not one tot whom he could have less objeSlion than the N Iblel Lord in question, as he was c onvinced that, in many` e s sential points. that Noble L ord's sentiments c o o responded with his own. But. however he migb ' approve a his being a Cabinet Minist er, and con denial adviser of the Cro w n , as Lord Ellen roogh ;be had every objeaftion to him , in thtt cape city, as Lord Chief Justice of -the Court of Kiness Bench, The question with him, WAS not whether Lord!' alratuironelt should have a seat in the Cabinet ? buti ", whether the Chief Justice of one of the Law Courts sbould become a Permanent Constituent Moiler of ! that Cceincil ? foreign writers pi all nations had asserted, that it was improvident to mingle the dal 1 ' ferent powers of the Government; and Monte.- fltlieli says that the separation of the Legislative an! Camino' brooches of Administration, is more essentiarto the liberty of the subjeO, than Cie sepa ration of the Legislative and Executive. Nothing can be more inconsistent with a free Constitution,: and particularly with the basis of the British Con.' stitnuomohan the union of the Legislative and Cri minal funfliont, in the same person. A Judge, *fend ing under the berthen of both those offices, was identified with the Ministry, and could not be considered as unprejudiced in his judicial capacity. Suppose the case of a libel published against the. political' administration of the country. In what an arduous and critical situation would the Chief Justice stand' himself a member of the body of fended, and Judge of the party offending. ft be ' came a praaical question of the utmost consequence.. The Noble Lord was not apprehensive that any ill consequences would result under the judicial lies**- deny of the Chief Ju:tice of the present day ; this was not an argument with a view to the virtues or &fen% of any individual ; but a ques tion affertting the general expediency of an im portant measure. It bad been asked, w ay the epoch of the Revolution had beep particularly ad verted to? He would teply, because at that time i t was solemnly determined, that the authority of Judges Should be made stable, and rendered in dependent of the Clown; and this provisions had been ever since considered so salutary; that in very few instances. and those on the pressure of great emergencies.. had a departure from this political neutrality of the Judges bait to lerated or become requisite. Special purposes, and special occasions, would doubtless soruciutes warrant the infraOion of a wholesome rule ; and had it been advanced for the information of the country, that any extraordinary occasion es isted for the introduction and advice of the Loid Chief Justice in the Cabinet, this motion would. is all probability, never have been heard of. In the few instances that recourse had been had to this step, when the Occasion ceased. the attendance of the Judge as an active member of the Cabinet ceased IllS'i. This had been exemplified in the case of Lord Hardwicke, Lord Mansfield, and Lord Kenyon. each of whom had been called by con tingency of circumstances to render temporary as siVance in the councils of the Sovereign; but this was the first attempt at an innovation like a permanent introduction of a criminal Judge into these councils. All that was desired by the supporters of this motion was, to maintain the Con. stitution as it existed. It was not attempted to curtail the privileges of the Chief Justice, but it would be preferable, if that were the only alterna tive, that he had not been, by his elevation to the peerage, possessed of a seat in this House ; than that he was to be advanced from that to a permanent seat in the Cabinet. However the Executise Go vernment of the country might disappoint the hopes of the people, they ought never to be placed in a situation, to be deprived of the comfortable reflec tion that criminal jastice was impartially admiais iced. Lord HOLLAND et pressed his surprise that the strange tendency of this motion found advocates in the quarters where it was, this night, supported. lle then proceeded, with considerable animation, to observe upon the weirt,hty responsibility which some oldie Members of the late .Idininistration had incurred, and strongly deprecated the wanton iu. troduCtion of the name of the King of Naples into some political pipets which had lately been given to the world ; and which had, by ondisguise,ly chewing the relations between that Aevereign and this country. exposed hint to the open vense ance of the Emperor of the French, - ahi involved the Neapolitan Government in utter rule.. The responsibility which the Lord Chief Justice of the Court of King's Bench incurred, by his intro. duaion to a seat in the Cabinet, was re-illy nothing more than he had been long liable to, and con tributed little more to render him a Minister of State than heretofore; as, in his charlaer of a PriniCouri seller, he was at all times liable to becelled upon by His Majesty for his advice. He•hd little ex. peeled to have ever heard this House told that We Legislates and Judic:.al Authoritiei fr.ie, as matter of - policy and necessity. kart .riskialt. The theories by which this hypothesis was one:used to be 121114113.4 j, were illusory and dangerous; such as much reserntiLd the speculatic:.s imbibed by the French, during the Revolution. 1'...2 American Government would not be considno t de 2 flllic ; yet, it would be remembered, that the Chili Justile -et:the United-States-had signed an impototat trelty here, on behalf of his country ; and, etrea is this Country, and since the arc to which atfalluaiaa had been made, out of ten Chief Justices that lid presided.six had beet called to assist in the Cabinet, Aftes a few other observations, the Noble Lord to pressed his conviction, that the blooding was sop. ported on too slight grounds, to he enter:Anted by the 'Molise. • — I mid MV,Ltat XV b. eldeiled into a short espis natlOn. Lord GIIVN VILLt commenced an able speech, by stating. that He had little r to add to the obseres tinny that had been so ably urged by his Nobi Friends near him ; but, if there had beta any i .. nation on she Constitution, as was charged by t• supporters of this n4otinn; if there were any de~e quency in havirg piOntoted the measure which mos coloplaaied ••1; he was the person who make the odium of it. for it was do ouglo his advie t. • it had been aderpted. The thing, however, he it: most 3.• sired, was to meet this discussion in Ibarl . nient, in order that every impression which c ;my where be entertained of the impropriety of '' measure, might be obviated. The princip!es u 'whibh the robjeaihns had been advanced. were the which would go the length of destir - ryingthese,ho l s: Inc of the ;Doyen:mem, by Mart ring the Severe in the choice of his advisers, 'From the reroot periods to •the present time, persons exercising j .dicial °aces have been selected as fit person assist in the commie of the King. In thin nips Richard 2d, Henry, Bth, James Ist, anti Q Amino *ecotone w had to the advice of the C • Justices; and a ,practice resting sin it , ) other • • than -those. of take and Mansfield. would be slight precedent, open tibia even the mecum? , 'lesiss:mielit Ad. •A: the terminatioli c t the reiga Queen Anne, the Cliief Justice scat called to . .:alliotit, to co: saver the important treaties hate to the sulee;oion of the Have oCiiiriovr tilt Throne. Then ye come to the inmante Load Mansfield; and alter all that we hail aid heard of thik,charaeler Of that great mar e ilid 'not now coped to :lave beard ap imputstist 'cult upon. it.. The eel) , occasiKal upon Ida Si tii ' eliief Jastiies had -boos called 21p1111/ IPS in pi liriod oitessions. *l' weave% or other impottercl fence , ; over the pettifog ei•msnitting which ? they hat sin/swards sat as . YoZrges on Ow Inds ; as is d case of lord Chief •histice Wed7ei burn, after d riots of 1780. What, then, becidln of the drawn difficulties of the advocates of this mel A conscientious Judge, who would not :offer the le of his King and Country to bias the disperoaficre justice, would not hr worked up by any conOlerft That he WAS ill,liV idu.sil y aggrieved by an ols:ntreo mitted by a paltry libeller again-t the Govc:7' of which he was a member. Whet: such an"" could be d yby the cottony. the c mat would bent L entertaine ower ordh.prescrving. ..The Ntt Lorrd concioihol, be °bon visor. that be .had ne known a edlotion attempted to he supported by it cogent argton'ent. Tne LORD CH A NC.r.LLOR mid; a !rations against the Mot.on, otter witch it stare and negatived without A diltitiaD...-MigUITICI _--.-. HOUSE 4 9 F COVIMUNS. Mr. litluct !nought op a 1.-t.t.on from the PrieWc" A.t.rd fur drat in the guil of Idor,liam, in the ea,. 111.01wraipenetng rttref —04.1 M to be ..n the table. Mr. Shmalan, Mr Courtonas, Admiral Nlatitiams, Wort M.:Niammi, took tn.. ~.its mitt their *Sill. Mr Sli AWE LLFF.VRE said, he was des". d b' Hottodrtlate Filmod of Ins, who was "taiga to tirt ere , who had twit notice of be. int 1110,11 to ;nose the laterite t.. tog ot a Salto red...se certain 4 rita•• tee c'k Teeming AA, to po.r,mia, Cie 1.4,1 11.1 , 1 t :on WI Tbutelati Was .1 , 04 0C.e.14111114. M. W. iNJNIJAS ewe notica, that he 11.004. "n goad ty Now. for !case to bilr.g oft a WU, 11. the AA re.:411%• 10 1114111k111 0 411 ill Scar la which • • 1 ' " ON Silk§ M Ntr, .\ntlet appter , l at tit , : tic a and .• Potttion from the Lord hlatfor, Nttetthe , t. •I ettowesi a of the City of London, for ...Are to. rtr Market.—Onlerrd tr. be referred to a 4'..' L" W. Nieto', from the India Write, uresettl. 4 ).• *S . porting to ire a Uorresitohillitee ktt twwirn taw ". fsl.o4' • ler. Uotrernot-General of indoi, awl certain 8 , 0. 1 • pur.uout to the Order of the li.tute...-Ottioted table. Mr. T 'IUL, moved, Treat all the Tanen on the Ta`tle tespecting 16014 AIf•ITS, lIITZtaI M.O he had made, be linnted. " L.ed TEMPLE said, he had no obit/I:en se I , It !tug urt..ted, ruluntiaoes 'help were. It cas e ' ~ l Inch i.llpOrarKe, and every Men,lier wasold tides it with mature dclixraaoo. As the ". Intweeer, prote , ,ed that he had m oved for 'h..' • • yaw tat a.oundsne ■ charge :guns% el , h.q.,' he would not fail to bum; it forest& a , ‘, • utmost consequence to the hot:crar and Chif....t• • Friend, the, after what bad been suggeucd, 3 inquiry should take pia.. The llattourab:e tic said, these Writ 41 the Tapers he intendvi , • euhien. Ile would, th eref o :e, reepot ..f t. I' Gentleman to say, when he intendud to br ,, ; Motion. Mr. PAUL said, it wet now upwards ofo'• . - M b.td asee.d fur some of the e Papal. .". jest Carat..bed le Use House AS Ices a' A