The Sun. — London, England, 1842-05-06 00:00:00

.=~..:~ ~, applied [sing atter appointed; that there prt;etiaing :•lerzrual i n' ry strictli ig appoint' n councilg.. the Hoag asertative e is made io s true, ac' —it wou d nary cases 3inted who I that they mt to that in sevqsl tances by severs., al any nag the Hous e , he folio London, where Magistrates were men of the highest respee.ta ;„ • .bility, and. which city was the highest in the world? There were cities in this country not less respectatile and intelligent, though - they did not stand so hieli in point of commerce as London, equally entitled to this privilege. Flit Noble Friend, after the elections took place in 1836; issued a circular to the be • r 'ereta: - roug h s , in which circular he intimated his intention of listening Lees t o any recornmenciatio n they might send u p . But the Noble Lord, contrary t o what was stated by the Right Hon. Baronet, -Se e did not pledge himself to attend to that recommendation. He 0 0, left himself entirely open to exercise his judgment. It turned out, that the great majority of Magistrates appointed by the Noble Lord, were of eme political party. He did not mean to deny that it was obvious in 1836—50 obvious, that the Right lion. Baronet, at the head of her Majesty's Government, :brought the question immediately before the House; and it was :also brought before the House of Lords by Lord Wharneiiffe, and a very long debate ensued in lioth Houses of Parliament. Tho very case in Bristol to which the Flight Hon. Baronet had alluded, was discussed in 1836, exactly as it had been discussed that, evening. The House of Commons then disposed of the case, and it had been revived exactly that night a; it had coene before the House six years before. The case of Daniel s was then referred to, arid he (Ur. Fox Maule) e • could not imagine why the Right Hon. Beronet had placed h im in the Commission of the Peace of Bristol, except it was tr, confer an empty honour in the evening of his dais, and vi s it hout at all beuig useful to the town of Bristol. He asked,, was Mr. Daniel's case a fair one for the Right Hon. "enl * itaman to put to the House, and could he take any credit to hi swe ll f or con f err i ng on hi m a mere (minty honour ? The Rig at Hon. Gentleman read a long list of places, and to every One be received a corresponding party cheer, as to the party r lilies of the Magistrates in the various boroughs; hut the right Hon. Baronet did not, say, nor did be intimate to the Rouse, in any way, that those lists were not the lists sent up by tine town councils, nor did he presume to s.ay that they had been tethered to suit the purposes of the pasty then in office.— ( Hear, hear.) He (Mr. F. Mamie) believed those lists to contain the names of those recommended by the town councils, and if they were recemmended, however different the propor tion might be, he was ready to maintain that the parties heving confidence in them, in their administration of justice, no injury had been (lone to the individuals in those boroughs. The Right Hon. Gentleman spoke of his Hon. Friend who brought forward this motion, having made a great charge against him, and then ended in a paltry motion. What had the Right Hon. Baronet done? He had. made a much graver charge against the late Ministry who preceded him in office—that of prosti tuting justice.—( Hear, hear.) He (Mr. F. Mauls) hail no hesitation in eayirg that the Right lion. Baronet had given utterance to an accesation which was totally, utterly, and en tirely groundless--( Hear, hear)—one which could not be proved ; fur if it could hate been proved, he was not the Iran to have left, it untouched.—( Hear, hear. ) Justice prostituted in England ! and that to be asserted in a speech from the Secretary for the Homo Department, in that House of Com mons—(Hear, hear)—and that to be asserted for no other :purpo se than that of getting a party cheer ! That assertion 'was utterly groundless, and he would fearlessly appeal to the 'people of England, and more particularly to the mu nicipalities of England, to give a firm and direct contradiction to the accusation of the Right Hon. Gentleman. ▪ And he (Mr. F. Mauls) must say that. until he came for • W , rrd te fit to the country, he himself stood in an e qu i voca l p os iti on .— i 1( Hear, hear.) That was his (Mr. F. Mamie's) opinion, and ' he thought it was the opinion of the country at large—(hear, Er, .hear)--for did the Right Hon. Baronet suppose that such an accusation as he had made was to be passed over by that House, or by the people of England ?—(I - lear, hear.) The Right Hon. Baronet had in the course of his speech contradicted an aster • tires of his "r i4 obi e Friend and colleague the Lord Chancellor, sa il - • who was r e p or t e d t o h ave sa id i n another place that. " in no • a • instance in the recent additions to the l'ilagistrecy had .4cl - the bal cones of parties been changed." He added that, "he wesuld positively assert that in the appointments which had been). meek., the prerogative of the Crown had not been e aerci sed with a view to give a majority of Conservative Ma gistra tea in any one case." The Right Hon. Baronet had, in Passi - ag. contradicted that statement ; and he, too, was ure- P, a r , to contradict it. He found that in the borough of `"Jeshead the original number of Magistrates was six, five of .7 . aom were Liberals, and one was Tory. The Right Hon. - .Sari:met had added to the number six Tories, thus subverting Ithe original s t a t e of the resp ec ti ve p ar ti es . A ga i n i n B at h , ' *here were two Tories, two absentees, and six Liberal; the =sigh; Hon. Baronet had added seven Tories, thus again 'subverting the respective position of parties. In Chester there were three Tories and tour Liberals, to whom the Right 1- Icnonrable Baronet had added six Tories.—( Hear. ) In Dover there were five Tories and seven Liberals, to whom he added seven Tories. He (Mr Fox Maule) would not men tion these cases, but that the Lord Chancellor of England, in a soizo his place, deliberately and unscrupulously stated that in s-, no inst ance h a d t hi s a ddi t i on effected a change in the balance of eo parti es . H e t h oug h t the Noble and Learned Lord must have - le a d done so e i t h er f ront i gnorance, or from that readiness of asser 7, in which he sometimes indulged—( Oh, oh, and cheers.) He • now came to Poole, on which the Right Hon. Gentleman had laid considerable stress, and accused his Noble Friend of reject ing altogether the receenmendation of the town council. He (Mr. Fox Maulel - admitted at once that his Noble Friend (lid reject the recommendation. But he thought that when the House considered the fraudulent means by which that eaouncil was elected, and the conduct of the returning officer.. ; and when he brought their attention to the 'Report of tha n Committee of that House appointed to inquire into that election, the House would see that his Noble Friend was justifies/1 inrejecting the recommendation—( Hear, hear)-- especial's ; t t e u a , e n to inog f when it was considered that a t th e ti me th e w h o l e o f h the council were qu es ti one d i n a C ourt o f Late. The r tte e officer was Mr. Robert Sl ane , th e o ld M ayor , w h o, men examined before the Committee of the House, admitted ',bat he in all eases where there were duplicates of candi elates, had taken the Tory list first and recorded the votes, • orfusn g to look at the lists offered by the other side.— . o.(Cries of " Hear, hear.") It was that person who se l ec t e d th e ' list of the town council which Lord J. Russell rejected, and he aeked, was not his Noble Friend justified in appointing another set of Magistrates ?—( Hear.) The number was eight Liberals and one Tory. The Right Hon. Baronet added five Tories, among whom was Mr. Slane, who had been guilty of the frau dulent return--the man who was mixed up with the transac tions exposed before the Committee.—( Hear, hear.) That was the man selected by the Right Hon. Baronet fur the Magis . Itracv. How could the confidence of the people be reposed in !sect; a bode? It was extraordinary that the Righ Hon. • j'earonet should accuse his Noble Friend of political motives in • Ithese appointments, when in the borough of Poole he himself tt should have appointed a person who must have been cognisant ,1„„ , of a f rau d i n t h e return. He preferred the system pursued in „ t ,:o• ' Scotland as better than that of England; but still, in the absence of it, he would attend as esuch as possible:to the recommendaticns of town councils. There ;lad been no accusation of misconduct against the individuals appointed by the late Government, and if there had been, it had always been attended to. Under these ci rcumstances he thought it was unwise and impolitic in the °n- Gentleman, in eight months, to have made such a sweep 10 g addition to the municipal Magistracy. It might be fol.- t ° wcd as a precedent, which would compel them in borough t ? w ns, to have recourse to other modes of administering jus ""• Had he taken all the vacancies by death and removal and ;"eel them up with Conservatives, he should have made no oh- Jere' h e - 1 1 ,M; but the course he had taken was a bad example, which ;„ 'Aped might not have; the off ect of lessening confidence o l th.e administration of justice. HANDIER, in connection with the discussion, ad • verted to the appointment of the Marquis Normanby as Steward of the Borough of Hull. He did not think the late , U , er nment could be acquitted of having made many o f th e i r --ele" ctions in a spirit of partisanship. Im mediately after the )i-1 P ;Pass ing of the Municipal Act there were eighteen Magistrat es the ' a P l 'inted in Hull, and out of the number there were but ee two Co nservatives. The present Government, in adding to the numberothers. two gentlemen of the highest respectability, well known the teoweenelm ercial world, who had formerly been rejected by creas e d Il r cou ' recil ; and he result of the appointments was in fe,respectability and increased confidence in the bench. ena'rorn.eiti/Et RY BERKELEY said that the Right Hon. not. stated with perfect fairness the case of the appointments in the city of Bristol. In that city twenty-four gztl er aen hadb een se l ecte d b y t h e town cowed!, twelve of the mn We're Liberals and twelve of whom were T or i es . B u t o f twelve Liberals two never voted at all at any elections, and tw ' d h ad ac'etelly voted against the Liberal candidates. Mr. IF,P OTHERTON said, when the Corporation Bill wa s in the Reuse he had:divided in favour of dividing the towns into wards- lio stated at that time that he had great objection to ai aLizg corporations political bodies. He believed in Man chester that the reason of there being so many Liberal Magis !r,ats was that gentlemen professing Tory politics had refused then Ave anythi ng to d o with the corporation. He was sure to e was a feeling on the part of the Liberals of Manchester ,4onciliate the 'Tories.—(Hear, hear.) DOUGLAS felt bound to say a few words on this ,q'ne,etion, as it w as a subject in which many of his constituents had take n a great interest. It had been stated that the rdoble Levet had thought it hi s d uty to consult the town council, but he thou P •irrnicgh ha am, it if hadhe have been well for him, with respect to •tconsulted a petiti on th a t h a d b een pre sented collie subject ham. That petition fromic the clergy and bank ers of Birming of Magist ra t es was veySr owed clearly th a t th e a ppoi n t men t •. The Noble L or d u nfair, and ought to be altered. gave no answer ties acknowledgi ng th e receipt of it.ln t c o ov t e tt ry pe i t 2 iti ‘ o v n h , in. e s xc h c a i: i t ho e ~ be en a pp o i nte d , an d a memorial had been presented from that • so 4 1; city, praying that, some Conservatit es might be appointed. Ihe Magistrates of Coventry had shown as much partiality in grant- ' •fr ing licenses to public-houses, as it was possible for them to do. Lttc Na license was granted to any Conservative, however anxious he might beto obtain it.--(Hear, hear.) In Stratford-on- Avon, the town ;council recommended three persons for ap ss • p o i etinent—namely, a Quaker, who had never voted, a Radical, and a Conservative. The Government rejected the Conserva k Live and accepted the Radical.—( Hear, hear.) Under the Fts y Municipal Act, the town council of Warwick recommended seven, of whom, one only was a C onservat i ve. I n that town, ese , parties were very nearly balanced. A petition, signed by t'..• six hundred persons, was sent up prating that two CcAservatives might be appointed. But five only weere appointed, four Liberals and one Conservative. With regard to the granting of licenses in Warwick, of fifteen ehich had been granted, thirteen were Liberals ; and of those, sue, who had gone over from his party to the other side, was deprived of his license, on the ground that his house was a esioisy one. He would next - advert, and in a few words, to the 'Conduct of the present Government, with respect to the !borough of Warwick. For the purpose of neutralising the ex - trem e party appointments made in that place by the late Go vernment, he had applied to the present Government, stating that the prevalence of Conservative opinions ang the inha bitants of Warwick, entitled them nut to a majority of Con servatives in the borough Magistracy, but to an equality with Ilse Liberals ; and he recommended three gentlemen, whose Conduct bad given much satisfictien to the inhabitants, and who Were of independent fortune. Nothing could be more fair than fiche Conduct of the Government on the occasion—they appointed noaseistrates of each party, and left it to the people them their‘lees. o appoint by election the Mayor, and thus to have it in the 'power to decide which party should have the majority on 4 2nch. t he thought that he had made out a sufficiently strto 0 case to show how impartial had been th e con d uc t o f th e v ernment with rest ect to the borough which he represented. C alttain MANGLES complained of the conduct of the Right - N ° ,_n. Baronet with regard to the borough of Guildford. A 1 0 t i 'le Lord, in another place, had assumed that the majority of p arts inhabitants of the place belonged to the political Ati •3 to which the Noble Lord belonged—( A voice from the iso, ° , s ,isterial side of the House, ' To be sure")—and that the saZa Lord, the late Streeter y - ;or the Home Department, had th e great partiality in his appointments to the Magistracy cf t' oe i tero ug o, H o (Captain Mangles) thought he could thew f eo i cuse that both these assumptions of the Noble Lord were ~,I ° i' rect, First, with regard to the assertion that the politi er._" opini n preponderati i th borough, was deciddly te rY ; he would observe ng that in 1531, two Liberals were e re yned for Guildford; in 16132, a Liberal and a Conservative MTse. returned, th e Lib era l b e i ng a t t h e h ea d o f t h e po ll . I n , s _ , the Lib era l was voted out on petition, and two Tories hented the borough, being; the only instance of a similar ature which had uncured, red, and in 1841, two Liberal Memb e rs ad been returned. So much for the assertion, that T or y nions Tennions preponderated in Guildford. Now, as to the politi ca l ts2i of the Magistrat es appointed by the Noble Lord. t 3 t u . o4 r gentlemen had b een appointed by him to the Magistracy ; ,o, tw o were gentlemen who voted for Liberal candid ates at electi ons , but who, beyond the m e ere act of voting, took no latirtLol . Ivmhotdteet'reart ; they wewemost respectable men, opinises. One was a gen 7se political mo derate descriptien, but rath er nio in n Le s lini w ng cre to o c f on t s h er e vat m is o m st , Ind the fourth wire very strong Coneervative and the Right Hon. Baronet had thought proper to destroy this balascie,by apps inting to the Alegistrecy two of the most rjfqi.‘,et pl'antisans of his own party. As a proof of the ttia s t. 4 .;ner in which the late Secretary for the llessen .t.,eps . r'tinent had acted, in rela tion to their Meginte.s.ril..l appointments, some time ago, he (Copt. M,) berme he was a Member of that House, had re commended a gentleman to be a Magistrate in the event of a vacancy occurrin g , of which at that time th ere was a s t rong probability. This was on the eve of i n u l ec ti on . Th e Go vernmentknew that he (Capt. Mangles) wes a canclidete at that election. They knew that two 'feriae weee eppesed to him. The majority of the town erientil Was Tory. There was every temptation to the Gettennient to comply with his request; but the answer he received from the Noble Lord was, that the rule laid down must be strictly adhered to, and that unless the gentleman in question was recommended by the town Council he Mould not, be aepoin t ed. Col. SIBTII OR P said, that the town of Linco'n felt exceed ingly grateful to the Right Hon. Baronet for his appointment of the Magistrates in that town, for at the time the appoint ments were made, there was only one Conservative Magistrate in the town. The Right H on . - Baronet appointed fivs gentle men, and more exemplary men could not exist. There still remained a majority of them on the Whig side. Lord R. (i ROVESNOR would not have addressed the Reuse, had he not felt a deep interest in the subject. With regard to the town of Chester, the Noble Lord, who sat near him ( Lord John Russell) had appointed six Magistrates three Whigs and three Tories. Since that time another Magistrate had been aided, and he was a gentleman favourable to the Government of the Right Honnurab'e Gentleman, but he had refused to vote at the election, because he could not give it to a party attached to his own principles. The Right Horn Gentleman had no notion of the state of party in the town of Chester. The town council was remarkably free from any party feeling ; as an instance, he might tell the House that gentleman, the present Mayor, would never take part in any address to the '1 hmne which here reference to party, al though he was considered an active partisan. He thought it, ri , ht to mention these few facts to the House. His Hon. Friend, the Alember for Gateshead, had asked the Right It n. Baronet upon what principle he had appointed these new Ma gistrates ; but the Right Von. Beronet had avoided any reply to the question. The only principle he seemed to have gone upon was, that the appointments were made solely because they were political partisans ; and if so, the Right Hon. Baronet was introducing. a dangerous prin c ipl e . Mr. MAINWARING said that the appointment of Magis- trates generally were the appointments of the town council virtually, although they were appointed by the Secretary of State. With respect to the town of Newport, there was no town council to make a reconunendation. The commission of the peace was, before the late appointments, in a very bad state, and the consequence ivas, that during, the time the late Go vernment were in office, a remonstrance was sent up, complain ing of the state of the comission of the peace, and the Go vernment. promised a remedy, bet. they kept. the word of promise to their car and b.oke it to their hope. The present Government appointed six Magistrates, three of whom were Whigs, and three Conservatives, so that there was no favour show in that case. Mr. LANIHTON said he wished to say a few words on this subject, as, reference had been made to the appointment of Ma „.nistratees in the county of Du r h am . It had been stated by a Nubie Lord, that there had been fifty appointments of the Ma gistrates for the county of Durham, by the late Government, only sixteen of whom were Conservatives, and all the rest Whigs, He should not have attached particular importance to this observation, but that he recollected that the appointments were made by the late Government., on the recommendation of the late Duke of Cleveland, and he (Mr. Lambton) felt called upon to allude to it. He was prepared to show that no charge of party appointments could be brought against the late Ad ministration. How did the ease stane? Ti. e appoint • meet of Magistrates for the county of Durham resist with the Bishop of Durham, as Prince Palatine and Custos Rotulorum. The Noble Lord, who sat near him (Lord J. Russell ), had always acted on the recommendatien of these parties and the late Duke of Cleveland made his re commendation upon those of the Chairman and Court of Quar ter Sessions. It aid so happen that the last appointments of the Noble Lord were upon the recommendation of the Court Quarter Session, and were two Tories--( Hear, hear)—Mr.' Robert Certy and Mr. Robert Redley. It had been said by a Noble Lord, in another House, that. the Magistrates of Sunder land had refused to grant licenses of public-houses to any but their own party. This was a very grave and solemn accusation, and he called upon the Noble Lord, or any Hon. Gentlernau who supported him, to prove that accusation. Ilis (Mr. Lamb ton's) impreesion was that the Magistrates of Sunderland were pet fectly innocent of the charge brought against them. If the Noble Lord could prove that accusation, he (Mr. Lambton) would be one of the first to stand up to hold those Magistrates up to the censure End condemnation of that House and the public, but if it could not be preyed, it was, in his opi nion, most unjust to bring it forward.—(Hear, hear.) They might have done ill on one side, but he thought they had done much worse on the other.—( Bear, hear.) The only principle on which they ought to argue this question, was whether or no the Magistrates ought to be elected by the people. Here they saw the Right Hon. Baronet stand up in his place, steeped in party politics up to the very lips. That was a melancholy sight to see. Let them recollect who were looking on their proceedings.—( Hear, hear.) Public opinion was watching what they were doing at that moment ; foreign nations, who were accustomed to admire our institutions, would see that the Lord Chancellor got up in his place, and stated, and the Home Secretary repeated it, that appointments to the Magistracy should henceforth be founded upon party prin ciples. He would appeal to the House whether this was a principle on which the Magisterial appointments in this country were to be conducted. lie hoped such a principle would not be allowed longer to exist, though they might have erred upon both sides. He trusted that the Right Hon. Gentleman at the head of her Majesty's Government would command those energies which he possessed in so eminent a degree, to see it there could not be some other system more proper, more English, and more constitutional established, of appointing the Magistrates of this country.—( Hear. ) Air. W. T. EGERTON said that the Hon. Gentleman who brought forward this motion, had spoken of packing ,the local institutions of the country. What could afford a better speci men of packing than that which took place in the year 1836, in the county which he had the honour to represent? In one borough in the county there was not one Conservative in lie whole bench of Magistrates. In Stockport, in the month of April, there were ten Magistrates on the bench, all Wig-Radi cals; in the month of June, which was just after the general election, and when it was pretty well known what would have been the fate of the late Government, a list of five gentlemen was prepared, consisting of three Whig-Radicals, and two of the other side. What did the Noble Lord do? He said he would net on the same principle as, his predecessors had done ? It hat did he do, therefore? Why he appointed three gentle men, all professing Whig principles, and there were then thir teen Magistrates in the borough all professing those principles. He hoped occurrences of this kind would be now and for ever done away with.—( Hear, hear.) Mr. JERVIS said he thought there was some excuse for the Right Hon. Baronet with reference to the part he haul taken in the borough of Chester, which he,,' was afraid could not be found for his conduct in other places. It was not to be supposed that if he were liable to be mistaken, those who were b e hi n d hi m s h ou ld h ave b een in fluenced by party political feeling in the nomination of the parties whom they proposed. The appointment of six Tory gentlemen, in Chester, had produced the greatest confusion and dissatisfaction throughout the city, and it the Right Hem Gentleman thought that those appointments would give satis faction, he could not have beets properly acquainted with the real state of feeling in that city. Parties of all political creeds in Chester had determined to keep apart from all political feeling in their municipal elections, and there was, he believed, no place where party had so little to do with those elections as there ; they did, out of cemplirnent to the Liberal party, always appoint a Liberal Mayor, but the alder men and town council were universally chosen from the men fittest to fill flue situation. There were indeed there no contests for the magisterial chairs, the only difficulty was to get a fitting person to serve at all. The Right Honourable Gentleman, therfore, must not be surprised if that which had hitherto been a peaceful town should be changed altogether into one where political partisanship should prevail. No one knew from us hence the recommenda tion came for the appointment of those six Magistrates; eery one suspected the source, and the whole of the odium rested upon the Right Hog. Baronet. It would be invidious to al lude to the fitness or unfitness of individuals, and he thought his Hon. Friend had adopted the right course in giving the Right Hon. Baronet praise for the capacity and fitness of all those whom he had appointed. The Right lion. Baronet said that he congratulated himself that this motion had been brought forward, and he was obliged to his Hon. Friend for having brought it under the consideration of the House. He (Mr. Jervis) could well understand in what feeling the Right Hon. Baronet had said that he could wall understand that the Right Hon. Baronet, conscious of the innocence of his conduct, should come down there well satisfied with the integrity of his purpose, and well prepared calmly to vindicate him self ; but he (Mr. Jervis) must say that he did not observe, from the course which the Right Honourable Baronet adopted in answering his lion. Friend, that he was so gratified at the disclosures which had been made to the House, or so confident in the justice of his conduct. as he had implied. He could not well understand how the Right Hon. Gentleman could, consistently with the office he held, commence his address in answer to his Hon. Friend with personal matter, which was quite irrelevant to the matter in question.— ( Hear, hear.) Nor did he think it wall or dignified in the Right Hon. Gentleman to conclude his address by alluding to an accident, which might even happen from the impartial recommendations of the Right Hon. Baronet.—(Hear.) The Right lion. Baronet must be well aware that the Noble Lord, before making the appoint ment to which he referred, had taken the best course he could to ascertain the fitness of the individual for the office. Neither could he (Sir. Jervis) understand hoer the Hight Hon. Baronet could consistently stigmatise the party with which he was formerly associated, as ss Whig-Radical." It was a new-coined term, invented for the exclusive use of those who had seceded from the Liberal ranks. The Right Honourable Baronet was once a most violent Whig, he had used the term as an excuse for his tergiversa tion, and had called them Whig-Radicals in opposition to that very wide term " Conservative."—(Hear, hear.) Let him cal! them if he chose " Whigs," let him call film " Liberals," or let him call them " Radicals," but let him not apply to them that epithet which was meant to impute ignorance. But he (Mr. Jervis) cared not what words he used, for it appeared to him, that the words had been used by the Right Hon. Baronet only as an excuse for himself in having seceded from the Whigs, because as he alleged they had joined with the Radicals.—(llear, hear.) The Right Hon. Baronet had not by a n y acc id en t fallen upon one Whig, in the appointment which he had made.—( Cheers) He did not select brewers, or clergymen, or Whig-R a di ca l s , he supposed, from his dislike to them; but when he spoke of desiring' to avoid all party feeline . in Isis appointments, and said it was not desirable to appoint brewers, or attorneys, or bene ficed clergymen, or persons engaged in manufactures, in the manufacturing towns, that they should not have to decide in cases of wages in which they themselves might be interested, he should recollect that he had appointed silk-mercers and cotton-spinners in the town of Congleton to satisfy the people—( Hear, hear)--who would have to decide in cases of wages. He did not, they, adhere to his own principle. The very letter which the Right Hon. Baronet read showed that the Noble Lord kept himself free from local influence, and persons on his side of tl.e House were not found writing such letters. He was not there to justify the conduct of the Noble Lord, but if it was bad, why did the Right Hon. Baronet seek to justify himself by reference to the conduct of the Noble Lord? —( Hear, hear.) When he considered this important functions of these Magistrates, and that they were to perform their du ties without any person to check or control them, and that they were, as he believed, appointed for the sake of obtaining political influence—( Hear, hear)—by prescrib ing their official duties to those Magistrates, by giving li censes to these who supported the Government, he thought the country was coming to a melancholy position, and it w as vain to cond emn consti t uenc i es for swerving from their duties, when such lures were held out them by Government. He could not but think that such was the object, when the Lord Chancellor said it was necessary, to restore confidence, that the power of granting licenses should be in the hands of Govern ment.—(Cheers. ) Mr. SCARLETT said that he did not understand the grounds upon which the Hon. Member who made this motion had discussed it. He agreed with him that the case of justice was the highest concern of the Crown, but he considered that the Right Hon. Baronet had only take a right step in restoring that security which ail persons should have in the administra tion of justice.—( Cheers.) In 1836 the conduct of the Noble Lord was discussed, and he met with a harsh condemnation ; but he must say the Government deserted their duty so much o.'st til2ini that he had little confidence in them. He thought the step taken by the Right Hon. Baronet would be univer sally satisfactory. The Hon. and Learned Member for Chester said that these appointments were made for the purpose cf in triguing at the elections, bat he forgot that they had not even yet a majority in those appointments. He did not believe the Lord Chancellor had said it was for the purpose of traffick ing in licenses these pppointirents veers nade.—( Hear, heal%) h4l Hon. Altst 4 .Ther then referred to the conduct of the late tioVeinment in their appointments in Guildford, and concluded by saying that the cerpluct of the Right Hon Baronet was so just in itself, that it would give every satisfaction._( Hear. ) Mr. CALLAGHAN begged to call the attention of the Noble Lord, the Secretary for Ireland, to the appointments made in the city he represented. He did not complain of the individuals who had been appointed, but what he complained of was, that those persons were rot residents, and that the town council was not consulted with respect to their appoint ment. Lord ELIOT said that he was not prepared to enter inqs the subject to which the lion. Gentleman alluded, as he thought the present motion referred particularly to the Right Hon. Baronet near him. Ile was glad to find, however, that the Hon. Gentleman admitted that there was no party bias in the appointments which were made. Great pains were taken to obtain information from respectable persons on the spot, and he now, for the first time, learned that complaints existed on the subject. Captain FITZROY said that as he and a relation of his had beers personally alluded to by the Hon. Member opposite, he caul(' not avoid saying a few words on the present occasion, and he would endeavour in all he saisl to calm his temper asmu-h as possible, however little some other Hon. Members might deem it necessary to remember it. He was very much surprised at the strange obloquy that seemed to pervade the opposite side. Hon. Gentlemen thought it unjust to disturb the ba lance of justice, while they seemed to forg,t in what position the scales stood when the party opposite were on his side of the House.—( Cheers. ) All that had been done by the Right Huts. Baronet was to place them in equilibria and he thought his measures would be satisfactory to the country. lie thought that the Honourable Member for North Durham had no right to allude to debate which had occurred in another place, and to react the particulars from the columns of a, newspaper; but he did not think the expreSsions aluded to were intended to be applied to the County Magistracy or to appointments:made by the Noble Duke, to whom allusion had been made. But the late Government had shown the greatest partiality in their appointments in Sunder land, in Stratford, and iti Shields. Mr, HUTT—Not its Shields. Captain FITZ RO V—lle begged pardon. He meant the borough which the Hon. Member represented.—( Hear, hear and laughter.) He could not see why the term Whig. Radical was objected to, as the term signified that mixture of Whigs and iledicals which took place with respect to the party opposite. et hat other term was there to express the change in the opinions of the Noble Lord who was lately at the head of the Government, from those which he hell twenty years ago, and those which he advocated at present ?—( Hear, hear. ) With reference to an observation which fell from the Hon. Gentleman (Member for Gateshead), who was put out in his speech by his (Capt. F.'s) unfortunately smiling, he would only say that when that lion. Gentleman deprecated the advice given to him, and yet assumed to advise others, it might excuse not only a smile but laughter. When he noticed the portentous air with which the lion. Member rose, he thought 'that some motion of vast importance was about to be made, perhaps nothing short of the impeachment of the Right lion. Member. He realized the proverb 'f Parturiurit montes, nascitur ridiculus mus."—( Cheers and laughter.) lie would not speak intemperately, but he would say that the language used by the lion. Gentleman filied him with indignation, when he said that t he Noble Lord, the Lord-Lieutenant of Durham,alienat eci by his conduct the good feeling of the respectable part of the people of the county of Durham. That Noble Lord had expended his princely fortune in building a harbour, a princely mansion, and other works of public and private utility, and he could not fail to have by such means conciliated the affec tions and respect of all that was respectable in that county. At one of the largest meetings ever holden in the county of Durham, he heard but two names which wele received with more marks of respect and attachment than that of the Noble Lord whom 'he Hon. Gentleman had so unnecessarily, so in vidiously., arfr, so unjustly attacked. Mr. V. SMITH ( who rose amidst loud cries for Mr. Wakley) slid, that he would not follow the Hon. Gentleman who spoke last, in all his observations. He had expected that when this motion was brought forward, he should hear much of the example which had been set by the late Govern ment. He did not think that the Right lion. Baronet would have been so hard pressed.—( Oh, oh, and a laugh.) He re gretted that the Right Hon. Baronet, following the example of the Lord Chancellor of England, insisted that the true test of Magisterial fitness stets political partisanship. He begged to ask the Right lion. Baronet, although he did not expect an answer, on what principles he had proceeded in the appoint ment of Magistrates for Northampton ?—( Hear, hear. ) Mr. WAKLEY said that he agreed with those Hon. Mem bers who had expressed their disapprobation of the form in which the motion before the House was couched. The motion was a very trifling one, and the question was one of great im portance. When a charge of so serious a nature was brought against a Minister of the Crown, the Minister ought to have notice of the cnarge ; and no such notice was given in the present instance. At the same time, such a discussion, ad mitting of elimination and recrimination upon both sides, might be attended with useful effects, and might lead to important discoveries. He was not, for his part, altogether satisfied with the Right Hon. Baronet's answer to the charges made against him ; that answer was simply this—" I have done ill, but you have done a good deal w orse."—( Hear, hear.) That was the position taken by the Right Honourable Baronet. According to the Right Hon. Baronet there were now up wards of 600 Tory Magistrates and upwards of 700 Whig-Ra dicals. That was the result of the changes made in the Magiss trace by the Right Hon. Baronet. But the Hight Hon. Gen tleman should recollect that the example he had set might be, followed by other parties when they came into power ; and he believed the day would come when the Radical party would come into power. From the admissions of the Eight Hon. Baronet it was plain that impartial justice was not to be ex pected fiom the Magistrates by the people ; it was plain that they were sitting on the Bench, not as impartial judges, but as active partisans. They were told that the Magistrates were either Conservatives or Whig-Radicals. Now, he believed that the latter title was not a proper one ; the Magistrates were either Conservatives or Whigs ; and ho disclaimed the mixing up of Radicals with Whigs.—( Hear, hear.) Why use tour syllables when one would do ? He did not regret that the present dis • cussion had taken place, because it would show the people how actively both Whig and Tory Governments had endeavoured to associate their party interests with the interests of justice. Politics were mixed up with every judicial appointment In this country ; politics mingled with the stream of justice from the appointment of a Lord Chancellor to the lowest legal func tinnary. No one would deny, however, that, under an honest and an equitable system, eia,4astrates should be selected for their fitness to fill their offices, and not from their connexion with party politics ; and it was therefore clear that whatever might be the greater or less degree of blame to be attached to either party the present system was most defective. Sir IL PEEL said, that the Hon. Gentleman who had just sat dawn had, with that simplicity of character which marked his conduct upon every occasion, expressed kis surprise that so important a question, and so vehement a speech, should be followed by what he called so contemptable a motion. Now, he (Sir R. Peel) did not think it had occurred to the Hon. Gentleman that there was very great difficulty in framing a motion upon the present subject ; and that it was much safer for the lion. Gentleman, however vehement his speech might be—that it was upon the whole much safer for the Hon. Gentleman, and most consistent with discretion, to content himself with an exceedingly innocuous vote, rather than lay down any distinct, abstract resolution on the subject of the appointment of Magistrates. Just let them consider what motion might be framed.— ( Hear, hear.) Suppose the Hon. Gentleman had concluded with this motion—" Resolved that it is expedient and just, under all circumstances, without reference to the opinions of municipal councils, that the Crown should abide by their recommendation." That would not have suited the Noble Lord, who sat beside the lion. Member. —( Hear, hear.) That was a motion to which great objec tions might be urged, because it could be shown that, as an ab stract preposition, it could not be maintained by Honourable Gentlemen opposite, inasmuch as there were certain oc casions on which, although Conservative opinions predo minated in town councils, the recommendatiens of those town councils did not weigh with the Executive Govornment. Suppose they tried another. Resolved, " that it has a ten dency to shake confidence in the administration of justice, to select the majority of the Magistrates from one political party."—( Hear, hear, and cheers.) That would be inconve nient--(Cheers)--it would bring the question to an issue, but still it would be inconvenient for the It'ght Hon. Gentleman. He had given notice of his intention of calling the attention of the House to the subject, thus leaving himself open to move any resolution he chose, and after revolving all the Parlia mentary modes of eliciting the opinion of the house, he had resolved on the whole, that the safest course would be to ask the House to call for two circulars, which were well known to everybody there.--(Cheers.) Now, suppose he had made this motion—Resolved, " that it is fitting that political par tisans be excluded from the recommendations to these ap pointments, and that it was fitting that the Crown, without reference to the opinion of town councils, or any other autho rity, should select for the Magisterial bench those whom the Crown believed to be the best fitted for the exercise of the ma gisterial functions," he might have been enabled to vote for such emotion. He believed that political opinions would al ways have weight ; and just in proportion as their institutions were free, so must they submit to the inconvenience of ap pointments tinged with party spirit. If the Government was per fectly despotic and arbitrary, and the people could not express any opinion on the management of their own concerns, they might then allege the inconveniences of appointments so tinged, and they might find candidates for judicial offices free from the taint of party prejudices. But it they chose to have the advantages of a free Government—advantages which infinitely outweighed those of a despotic Government—they must submit to some of the evils and inconveniences which were inherent in the Con stitutution.—( Hear, hear.)The Hon Gentleman should recol lect that it was in a society constituted like this, a society where party prevailed, that Lord Lyndhurst had been able to work his way up from the lowest ranks of his profession to the station of Lord Chancellor of England.—(Cheers.) It was in a Constitution like this, in which there were constant conflicts of party opinion, that the present Lord Chancellor of Ire land, and many others, had attained the stations they at present occupied. Then let them not dwell too much on the evils of the present system, or the inconvenience of party conflicts ; nor, for the sake of realising some of the advantages of a despotic Government, sacrifice the infinitely greater advan tages which were derived from the present system. Some Hon. Gentlemen who had spoken seemed altogether to have misunderstood the justification of her Majesty's Government, and had misrepresented—no doubt unintentionally, the state ment of his Noble Friend in another place. The Government did not defend the appointments that had been made on the ground that it was desirable that political partisans should be nominated. He maintained that they ought as far as possible to exclude them from judicial offices, but they knew that this was impossible. If they chose to substitute for the present system, a system of unpaid Magistrates, appointed by the Crown and acting under a salary, then the Crown might take some new security for greater learning, and more efficient abilities for the discharge of their public duties ; but still they could not get rid of the imputation of party influence. The Government, the great representative of party, must still appoint them, and their Magistrates when they gave unpopular judgments would be just as liable to the imputation of acting from party motives as the gentlemen at present appointed, who were more gene rally influenced by a desire to serve their country than the others would be supposed to be. The imputation of political partisanship) was one which, in this country, anti under this constitution, they would never be able to free themselves from. But it was on this that the Government grounded its justification, that if they found the number of Ma gistrates, from whatever motives, or whatever recommenda tion they had been istssiedf had been chiefly taken from one political party ; then.; they, did opt justify the appointment of pt m ho e iws n e, o rt f ,h e e p yb p y o c s o i u te pld o la iii i iki: d b o y ,: • b m e p l l ch e of their predecessors, but they said that it would 'be for the security of the public in the administration of justice that parties should be more equally balanced.—(Cheers.) They could not strip the former Magistrates of their politicalpneposselaiOns, but they could do take*-tiei...7oity aiOnst any abuse of their where they eat men of Opposite poPticik It was not a case of recrimination conduct of the Noble Lord ; it was not an argument of tie quoque ; it was not be.. cause the former Government had done wrong that the present wag to do wrong also; he rotted the defence Q the Goverment TM?, SUN, LONDON, FRIDAY EVENING, MAI 6, 1842. on the public grounds that it was nott . e ttlie satisfaction of the public mind, that the Magistracy should be appei: i .':teet. sively from men of one political opinion. It wins not to reison cile the people to political appointments, but it would reconcile them to the administration of justice, to see that it was not placed exclusively in the hands of one party. Ile had listened to this (Ideate with great interest, and with some surprise; laic Ri~t.t Honostrable Friend had been charged with shaking the confidence of the people in the administration of justice, by giving a predominance to Crinservatiles 63 the Beech. He quoted tile numbers at Guildford and North ampton, to show that the numbers had only been equalised, and stated, that in Manchester, the Liberal Magistrates had themselves, very justly, expressed a wish to have some w ntle men of opposite opinions placed in the Commission. He denied that the appointment of Conservative Magistrates had any tendency to shake the public confidence in the administration of justice. Looking at the state of the Magistracy when the present Government came into power, he asked them whe ther, on their own showing, or their own principles, for the purpose of removing erroneous impressions. something ought not to be done ? He would take the towns of Manches ter, Liverpool, Birmingham, and Leeds. In these towns there were 118 Magistrates, and their proportions were striking in the greatest degree. Out of the 118, twenty were Conserva tives, anti nine. y-eight were Liberals. In Liverpool the num bers were twenty-five to six ; in Manchester, twenty-nine to four; in Birminglim, twenty-seven to six ; in Leeds, seven teen to four. Under these circumstances, what matter was it who recommended them? If they knew the proportion to be unjust, and that, if, on account of that disproportion, there was a tendency to weaken the confidence of the people in the administration of justice, it was no answer to say that they were recommended by the town councils. The minority, cn the choice, had a perfect right to say to the Crown, it is true we are in the minority, and though it is right that we should lie represented in Parliament by men of different politics from ourselves, yet it is no reason why we should be handed over, in the adininist ration of justice, to an exclusively political bench. And it was also the interest of the Crown to interfere and se cure proper men for the bench, rather than, in order to pay a deference to popular principles, to take the recommendations of men after a heated contest, when violent dissensions were sure to prevail. If they took the great ports of Bristol, Hull, Yarmouth, and Portsmeuth, they would find that in Hull the proportion was 18 to 3, in Yarmouth 18 to 1, and in Portsmouth 18 to nothing ! (Cheers. ) There were 63 Magistrates, 53 of one opinion, and 10 of another.—( Hear, hear.) Now looking at the list, he would take some of the counties. He would refer to the county of Durham ; in that county there were three corporations—Sun derland, Stockton, and Gateshead ; and in those three corpora tioim there were 19 Magistrates, 18 of whom were of one opinion, and one of another. Now, he would take Chester ; its that c:Junty, there were four corporations, and in all those four corporations there was not one Conservative Magistrate.— ( Hear, hear. ) In Congleten there were five Magistrates, all of the same opinion. In Macelesferd there were six Magis trates, all of the same o p inion. I n S toc kp or t th ere were t we l ve Magistrates, all of the same opinion. —( Hear, hear.) he would now turn to the boroughs, and, looking at the list that was now before him, would take the towns under the letters C and D. He there found six boroughs in succes sion following each ether, Coventry, Dartmouth, Deal, Den bigh, Derby, and Devizes; those towns returned Members to Pat liament ; they were subject to excitement which other towns were not ; thme towns party feeling ran high, and the blues and the yellows spent their time in abusing each other.— (Laughter.) If the corporation got the majority they were all purity, and those to whom they were opposed were marked men. In this manner the sources of justice were bound hand and foot by the recommendations of the town councils. In Coventry there were twelve Magistrates, all of the same opinion. In Dartmouth there were six, all of the same opinion. In Deal four, all of the same opinion. In Denbigh four, all of the same opinion. Ia Derby eight, all of the same opinion. In Devizes ten ; and here, he was happy to say, there was a little distinction, for there was one Conservative ; so that in those six towns, all of the m re t urn i ng Members tor'arl:amens, rarliament, torn by the dissensiens of party, there were forty four municipal Magistrates administering justice, and out of that number forty-three were of one opinion, and one of another. He would now come to the smaller boroughs, and it was very likely that the smaller the circle the more hitter was the animosity. laridport, Hyde, Kendal, Maiden, Pomfret, Tiverton, Totnes, and Truro. In those eight small boroughs there were thirty-one Magistrates, all of the name opinion. Not one single Conservative to break the uniformity__ ( Laughter. ) Need he go any further—need he say that the Government that attempted to redress those glaring dispropor tions was not justifying itself by the evil conduct of its predecessors, but was taking a course which all Governments ought to take that had the interests of their country at heart ? It they had pursued such a course for political purposes they would be wrong, but such was not the case. Now what, he would ask, was the total result?—those that he had referred to were individual cases. Why his Hon Friend found that out of 1,026 Magistrates, there were 745 of one opinion and 226 of another. But then it was said that the town councils had re commended them. It was unfair to say that the town councils were tainted with political opinion ; but if they were conscious that they were so far tainted, that they would recommend men of the same opinion as themselves, then the Ministry had a right to claim that the injustice should be removed.—(Hear, hear, hear.) He had heard it said that almost all men with 500/. a-year were Conservatives. Now, he could not maintain such a doctrine; but he would say, that any system of judicial selection, whether popular or not, which gave a proportion of 226 Conservatives to to 745 Libe rals, was a defective system ; but it was said that his Right lion. Friend had attempted to abuse the power he possessed, by swamping the existing Magistrates. He would fearlessly assert that he had done no such thing, for so farfrom his Right lion. Friend having abused the power his office conferred upon him, by transferring judicial power to the hen& of the Con servatives, he had left the balance in the hands he found it. He had left the municipal Magistrates of Liberal principles in the majority—there were still 745 of them ; bat he had increased the number of Conservatives to 629. —( Hear, hear.) But the Honourable Gentleman, the Member for Finsbury had said that they were setting a terrible example ; that when the Radicals came into power they would follow that example. He ( Sir Robert Peel) hoped that they would, and that they would also show equal moderation.— ( Hear.) He hoped their object would be net to gain as cendancy or power, but to put an end to an unequal balance. If the lion. Gentleman speaking for the Radical party, would engage, on coming into power, to follow th a t p rece d en t, h e (Sir R. Peel) would net fear the consequences, because, con tenting himself with redressing any partial inequalities which might exist, he would then leave the power on the average in the hands in which he he had found it. He was not in the least degree apprehensive as to the opinion the public would form of those appoietments.—( Hear, hear, and cheers. ) The Honourable Gentleman fairly admitted that, with respect to the character of the persons appointed, he had net a single complaint to make. 'The Hon. Gentleman, of course, could only speak tram his personal knowledge of the parties ; but as iar as his personal knowledge extended, the Hon. Gclithenan said the men appointed were ser‘iceable ad ditions to the Magistracy, and perfectly qualified in every re spect.—( Hear, hear.) All that disturbed the Hon. Gentle man, was that Dr. Alderson had been put at the head of the Magistracy, in the town which he represented in that House. But if the Hon. Gentleman had had some sleepless nights on account. of that undue preference, he would relieve him altoge ther from future anxiety, by assuring him that Dr. Alderson was indebted for if:is enviabie preference to the accidental eir cumsttnco that his name began with the letter A.— (Laughter.) If the Hon. Gentleman would turn to the paper tan e la he would find Dr. Alderson at Mr. Bartlett second, and Mr. th i e n a g d s to n of - upo the n - I list, Crudle third. Now, the Right Honourable Gentleman, the Member for Northampton stated that he too had uothing to allege against the recent appointments on the ground of elm racter.—( Hear, hear.) He said the parties were highly re spectable. They naturally enough tried their hands upon the capture of an effigy before proceeding to graver business. — (Laughter.) All that the lion. Gentleman had to charge against these Magistrates was, that apprehending a serious riot, such as hail taken place in other towns, they exhibited a little more anxiety than the occasion called for; " and I think" (said the Right lion. Baronet, addressing, the Hon. Member for Northampton) "I think they did succeed, did they not, in rescuing this effigy from the hands of the mob?" Now he must say that it the Magistrates who had been recently ap pointed deserved the character which had been pi% en to them, that went far to vindicate his Right Hon. Frigid from the imputation of partiality in making his selection. He begged that it might he distinctly understood upon what around the defence rested. He did not place the vindication of their conduct upon the shabby plea that their opponents had done something worse. They had the admission of a warm partisan that the windows of their oppo nents had been completely broken. What they had attempted was to repair the damage which had been done ; they utterly denied that their windows,—larger, more spacious, and hand some, had sustained any similar -larger, —(Laughter. ) They had only attempted to repair the breaches which had been made. They rested the vindication of these addi tions to the Magistracy upon this ground, that there had been so great a preponderance of persons holding one class of political opinions that, although they might be honest, although they might be just, yet that there was a natural im pression upon the minds of those who were to have justice ad ministered to them, that party would influence the magiste rial decisions. They found in certain communities men ex clusively of one class of political opinions. They had in no case, or in rare instances, given a preponderance to opposite opi nions. The course which they had taken was not to favour political partisanship, but to repress inequality. For this pur pose they had selected men of opposite opinions, who were emi nently fitted and in themselves ornaments to the Bench which they occupied.—(Cheers.) Lord J. RUSSELL said he quite admitted that it would not be right for the House to interfere with - the prerogative of the Crown on this occasion; but he did think at right to ask for explanation of what had been done. Now he would first state briefly what was the fact, and secondly, the principle upon which the Right Honourable Gentleman defended what had been done. There had been a Magistracy, as far as they knew, sufficient in number to administer justice in the boroughs, and those who most criticised their appointment on political grounds admitted the respectability of their characters. Immediately after the change of Administration 400 new Ma gistrates were appointed. Was not that of itself a most extra-- ordinary fact? Did it not require e xplanation why there had been this addition to a Magistracy which, as f ar as th e y were n e L t for the Home Department, o f r o d r the performance Normanby, ofthen its a h:e a fi l s d n duties. The Right Hon. a a te i h n ge t u e ao d i inn w te s e diet hof ttSecretaryit,s 6o f u a f r ffis a ct ai s et Gentleman, the First Lord of the The R ig ht H on . Gentle a man the Secretary of State f or the Home Department explained Treasury, felt that it ss's necessary to make some explanation of this r it by refreshing his memory wit h t he date of 1836, and repro ducing the charges which wer e the n made and satisfactorily re futed, only with the addition that Jelin Frost had been since convicted of treason, he (L ord John Russell) having taken what he thought sufficient pain s to inform himself on the sub ject; having th , ;, recomm endation fr om a l arge b o d y o f hi s townsmen ; and being informe d by the Lord Lieutenant that the appointment was a proper one._( Hear, hear.) Put the r oceeding. Right Hon. Gentleman took larger ground, and one which in volved a dangerous principle with regard to the appointment of municipal Magistrates. The Right Hon. Gentleman said there was no security that the Magistrates would inspire confidence, because a great majority of them , about 740 to 220, were of one political party. He state d that in certain towns nearly all, and in others all, the Magistrates were of one party, and that that was ir.consistent with the due administration of justice. Now if that principle were taken in its fullest extent, it would go very far indeed. Let them inquir e what had been the re commendations, and what the pclitical opinions of the county Magistrates.—( Hear.) What was the state of things when the Whig Ministry came into cee in 1830, when through many years of power, through many years of 'Tory Lord Chancellors and Tory Lord Lieutenants, there had been great partiality in the selection of the Magistrates ? He would venture to say that if Lord Grey had ordered an examination of the facts he would have found, not 740 to 220, but 1,000 to 100 as the proportion of county Magistrates.—(Hear, hear.) Would it then have been right for the Government of that day to sly, that it was impossible that justice could be duly and fairly administered; that the people could have no confidence in the Magistracy, and that there should be appointed some 700 or 800 Magistrates of Liberal opinions to form a balance of political feeling, in order to the fair administration of justice ? Was that the rrinciple on which the appointments to the judicial office ought to be made? He contended certainly net. He contended, agreeing with the Right Her.. Gentleman as to what he had stated, on the necessity of taking men cf politi cal opinions in a free country, that take them where they alight, if they took mean of character aud well kuvwu integrity, they might not inquire into their political opinions, but they might say that if they were fit to be placed on the Bench they rtorrlal be fit to do justice to Whig, Tory, and Radical alike. On fiiit iiiineiple it was that there had been a partial ex clusion with respect to the county Magistracy. There had been some instances of partiality— ( Hear, hear)—among men of considerable landed property. Ile remembered the ease of a hanker of high eminence and well-known character, and who ' had the confidence of all his neighbours, and when he (Lord J. Russell) inquired of the Lord Lieutenant why he had not been appointed to the Magistracy, the reply was, that he was so engrosted in his banking concerns that he could not be well appointed; end thet there were several young gentlemen of considerable landed property, who had arrived at twenty one years of age, and whom he (the Lord Lieutenant) had not appointed. When such partiality was exhibited, could lion. Gentlemen opposite taunt the Members of the late Govern ment with partiality? Could the late Government declare that Magistrates were unfit to be trusted because they held Tory opinions? If they did so they would have betrayed their duty to the interest of the Crown. Yet what was the effect of the Right Hon. Gentleman's declaration, that there was no security—no confidence in the administration of justice, because the majority of the Magistrates were Liberals? Wiry he, (Lord John Russell) said that however Liberal they might be, being respectable men, frill confidence must be reposed in their administration of justice. The Right lion. Gentleman had very properly abandoned the ground of naming Magistrates for the licensing of public-houses. Ile had not attempted to support that opinion, which had been, he trusted, erroneously attributed to the Lord Chancellor. What security, then, as far as the administration of justice was con cerned, was there to be found in the constitution of the Magis tracy by the Secretary of State for the Home Department? ' Let them push that principle further, and it affected the Judicial Bench itself. When the lete, Govertement was in office a gentleman was recommended to the Grown %Tic!) held the office of Solicitor-General—the present Baron Rolfe. :Since the Right Hon. Gentleman had come into office, he had recom mended a gentleman to the Crown—Justice Cresewell. No one at either side of the House had found fault with either of I those appointments. Yet those gentlemen were decided poli ticiarts in that douse, and took opposite sides, arguing some times with vehemence in favour of their opinions ; and if every Judge on the Bench were seep as Baron Rolfe, the Tories might have the greatest confidence in the administration of justice ; and if every Judge had the cha t racter of Justice Cresswell, \% higs and Radicals might feel equal confidence. But if they took the opinion of the Right Hon. Gentleman as given that night, there weal no security to he felt in the administration of justice, and they must have an equal balance of the Judges on the Bench, half Whigs and half Tories izathe Queen's Bench and Common Pleas-, And he supposed a few Radicals in the Court of Excheq,aer.— (Hear, hear, hear.) The Right Honourable Gentleman found fault with the principles according to whit'} he (Lord J. Russell) had acted, and which he had stated in a circular issued in the October after the passing of the Muni cipal Corporation Bill. That circular stated that the recom mendation of the town councils would have due weight with the Government in the appointment of Magistrates, He had not said that all those who were recommended would be ap pointed. If the Right Hon. Gentleman followed up his opinions he was bound to take away that right which the corporation of the City of London possessed ; for in that city tl.e Magistrates were popularly elected. In Scotland, too, the appoimment of Magistrates is directed by the popular voice. In Scotland the great majority of the people and the town councils were of one political opinion. The Right Hon. Gentleman considered that that popular origin and sanction of the Magistrates was not to be confirmed. He (Lord J. Russell) entirely disagreed with him. He did not know but it was the better way, as it was in Scotland, to give the direct nomination to the towns themselves ; but of this he was sure, that if the Right Hon. Gentleman was prepared to set the principle at defiance, he must go further, and set at defiance the ancient privileges of the law of England, which now subsisted in the Corporation of London, and in the kingdom of Scotland. He (Lord John Russell) had proceeded on the recommendations of the town councils. There were, indeed, certain cases in which, as the Noble Lord had said, he had not so proceeded.—(Hear.) It appeared to him that there were some cases in which, if there had been exeludi d persons of what were called Conservative opinions, bad feelings must have been cre ated 'in these towns. (Hear, hear.) The Right Hon. Gentleman had mentioned Manchester, Liverpool, Birming ham, and Leeds, and he had said that there was not more than 20 persons of Conservative opinions among the Magistrates of those towns. He (Lord J. Russell) believed that the town councils had recommended but two or three out of these 20, and that the rest were appointed at his recommendation. He had not attempted to make a balance of political opinions in those towns, but he had thought that a total exclusion would have been unjust. The Secretary of State for the Home Department, in adverting to his (Lord J. Russell's) conduct with respect to Liverpool, had carefully omitted that circum stance. There were circumstances mentioned to- night, which at that late hour he v. - ould not detain the House by giving ; reference had been made to the borough of Guildford, where he had not taken the recommendation of tire town council, and the result of his advice was, the giving of a more liberal complexion to the body of the Magistracy than that which had been given by the recommendation of the council. At the same time, with regard to those opinions, he al waj s found that if they attempted to come to any nice distinctions as to what people's political opinions were, they would find great difficulty. NS'ith regard to the statements made respecting Guildford, the Right Hon. Gentleman said that the Liberals were three to one. The Hon. Member fur Guildford (Capt. Mangles) had said that two of the Magistrates were of one political opinion, and two of another. In Bristol there were two or three Magistrates who had been set down as belonging to the Liberal party, and who had yet never voted for tha Liberal candidate there. So it had been stated by the lion. Member for that city. Thus much, then, for the striking- of balances in political opinions. In Exeter a gentleman, who, it was said, was of Con. servative principles, was nominated by the town council, because they considered him a decided Whig, Such then, were the differences with which they must deal, if they were to arrange all the Magistrates, so as to have a particular numher of one political opinion and the remainder of the contrary. It would be far the better way to make no such distinctions at all. If the doctrine of the Right Hon. Gentle man, that there was no reason for confidence in a body belong ing to a particular class, were taken up at one side, it would he taken up at the other Bi:teals s. if Iley declared from that place that a person who held Conservative opinions was alone to be trusted in the administration of justice, they would have every man of Liberal opinions in the country declaring his want of confidence in Magistrates of Conservative opinions. They would be thus introducing a new prin i and one injuring altogether the administration of justice. He did not deny that the town councils had recommended a preponderance of persons of his (Lord John Russell's) political opinions.—( Hear, hear.) He supposed that the majority in the town councils held those opinions, and that, therefore, they re commended those in whom they had confidence, and whom they they had been accustomed to follow, in preference to those in whom they had no confidence.—( Cheers.) If the opinions of the towns should change, the opinions of the town council, would change also; and that, whenever a vacancy in the Ma gistracy should occur, there would be a recommendation of persons of other politics ; but, in the mean time, he thought it would not tend to the purity of the administration of justice, that it should be proclaimed that one man had been elevated to the bench because he was a Liberal, and another because he was a Conservative.--(Cheers.) 'The Right Hon. Gen tleman hal alluded to a letter which he had stated had been written by Mr. Coppock to a gentleman named Bur roughs. He (Lord John Russell) was not acquainted either with Mr. Coppock or with his correspondent.—( Hear, hear. ) He did not know to whom it was that that letter was addressed ; but with regard to one portion of the information sought to be obtained by that letter, that relating to the employment of the persons nominated, the inquiry was perfectly unnecessary, be cause an official letter was always written by the Under-Secre tary, by command of the Home Secretary, to the town councils, desiring them to state what were the ditiercnt employments of the persons recommended ; therefore, as far as that part of the letter was concerned, it was unnecessary.—( Hear, hear.) Hr thought that the Right Hon. Gentleman himself could not attach importance to what he had said on that part of the subject, but that he must hare brought it forward merely as a make-weight.---(Loud cheers.) An Honourable Gentleman, he thought it was the Hon. Member for Durham, had said, in the course of the debate, that he (Lord J. Russell) had changed his politics within the course of the last 20 years.—( Hear.) He (Lord J. Russell) was nut conscious of having made any such I change.—( Cheers.) Of this he was certain, that he had been at least as consistent as the Secretary of State for the Home Department.—(Vehement cheering ) Twenty years ago he had brought forward the question of Reform in Parliament ; but. on that occasion he had stated dis tinctly that he did not think it would remedy the existing distress, but that it was necessary as an act of justice.— (Cheers.) He was then a moderate Reformer, and a Whig —(Cheers)—and be still ramained nothing mote than a mo derate Reformer and a Whig.--(Cheers from both sides of the House.) If he had ever deserted that moderate line of conduct, the only time lie !sad ever done so was in the year 1830, when the Right Hon. Baronet the Secretary of State for the Home Department used to bring in motions asking for the production of the lista of Privy Councillors.—(Clieers. ) He would own he was induced by the eloquent denunciations of the Right Hon. Gentleman against what ho then called the birds of prey—(Loud cheering)—to give him his support.— (Continued cheering.) The Right Hon. Gentleman com prised in Isis sweeping denunciations all persons holding au thority, whatever might be their station in the Privy Council— ( Renewed cheering)--not recollecting that those denunciations affected persons not only of political consciences, but of eccle siastical and judicial consciences also.—( Loud cheers.) In voting for that motion, he (Lord J. Russell) gave a counte nance to extreme Radical opinions —(Cheers and laughter)— which formed a contrast with his conduct during the rest of his life. lie certainly regretted that part of his conduct, and he thought that the Right Hon. Gentleman himself regr.teed the course he had pursued.—(Hear, hear.) Those against whom he (Sir James Graham) had then uttered those tierce denuncia tions, were now his own friends and colleagues, and supporters. (Loud cheers.) And that party which the Right Hon. Gentleman had then described as steeped in corruption—. (Cheers)—unfaithful to their trusts—(Loud cheers)—untit to govern the country—(Renewed cheering)—from the absence of all public virtues—(Continued cheering) —was the very party to favour which he had appointed 400 Magistrates.— (Long and long continued cheering.) When the Hon. Mem ber for Durham charged him (Lord J. Russell) with having, during the course of the last twenty years, given some votes of which he must repent, as having too much of a democratic tendency, he supposed the Hon. Member must allude to the votes which he (Lord John Russell) had given in support of those motions.—( Hear, hear.) He confessed he did regret the votes which ho had given on those occasions, but, as his sin had not been so great, so his repent ance need not be of so deep a nature—(Loud cheers. )—nor would he have to make so full a recantation as that of the Right Hon. Gentleman.—(Loud cheers.) Mr. W. WILLIAMS was surprised at the attacks which had been made on the Magistrates of Coventry by the Hon. Mem ber for Warwick. That Hon. Gentleman had no knowledge either of Coventry or the Magistrates there, and he considered the Hon. Gentleman's remarks uncalled for and unfounded. He denied that the Magistrates of Coventry had refused any licenses to persons keeping public-houses, merely because they were Conservatives. In every case in which licenses had been refused, the Magistrates had had good and sufficient reasons for such refusal. They were incapable of the conduct with which they had been charged by the Hon. Gentleman. The Magistrates of Coventry were men of the highest respec tability, and would not be actuated by party feeling in their conduct as Magistrates. The Hon. Gentleman bad stated that at the last election all the Magistrates of Coventry had voted for him (Mr. W. Williams) ; he hoped that information was correct, for it would be a great gratification to him (Mr. W. Williams) to find that those gentlemen liked him better on further acquaintance than they had done at first—for at the former election, which had taken place just before their nomi nation to the Magistracy by the Nobla Lord, some of those gentlemen, so far from supporting him (Mr. W. Williams) had been among his most active opponents. Politics mingled very little with the proceedings of the Muni cipal Council of Coventry; and there was no desire shown that the management of the affairs of the town should be entrusted exclusively to one party. Mr. COLLINS denied that any partiality bad been shown by the Naf,Yistracy of the borough of Warwick, which he had the honour to represent, in the licensing of public houses or upon any other subject. He could bear his testimony that more honourable men did not exist. Mr. J. W. WOOD repelled any imputations against the Ma gistracy of the Dorough of Kvadal, winch bo bad On honour to represent Lord WO RSLEY stated his opinion, and the opinion, lie, ROYAL SURREY THEATRE. • believed, of nany others, that it was desirable that a change Wonderful attraction, and matchless Stud of Horses should be ma de in the manner of appointing the county Magis- THIS EVENING. MAY 6, Will be presented Lord i RTron's MA ZEPPA ; 01/, THE WILD tracy. lie be lieved greater satisfaction would be felt if yeomen ' and gentlemen.. living on their own property, although not of aHuOxirarPy: OF 'aritildF:inkapEpSrEoalc'lrnihrittiff' e li c ilreased splendour, eztensire large estates, w ere placed on the list of Magistrates ; and Liv After which, in a more extensi ' ve and . splendid Aiena than ever felt assured that such appointments would give more satisfac- benne witnessed. NEW SCENES IN THE CIRCLE, introducing Boss than the ap‘ 'ointment s o f c l ergymen, w h o h ad other duties M r . Pt ATTY'S unrivalled Collection of A n i ma l s , cons i st i ng o f nik to discharge. erous and m a tchless Cream-colour e d H orses, Andalusian Ch argers, this was a su bj ect w hi c h was muc h talked In l talented coursers, Fairy Palfreys, and Pigmy Poneys, and .the most of ous of the Houses, and thought it was his duty to tell the ed. Vaulters, Riders, Gymnastics, and Contortionist, in the House what be knew of the matter. kingdom ' with a gorgeous Entree called of th e SIL VER SPUR. called the AMAZONS o f th e T Mr. STRUT stsid, that th e lion. Gentleman opposite GOLDEN SUN and the KNIGHT 's having referred to Derby. he thought it right to say a few- T ij conclude ()l, with the Melodrama of ROBINSON CRUSOE ; OR D BUCCANEERS, with Ncw Scenery, Sc. words relative to that borough. The Hon. Gentleman stated,.. that the whole eight Magistrates of Derby, were o f Lib era l . principles ; that he (Mr. Strutt) must most distinctly deny, inasmuch as there was one at least, whom he posi tively knew to be of strong Tory principles. The• majority of Magistrates in that borough were certainly Liberals, beat that was to be accounted for by the fact of the, great. majority of the inhabitants being Liberals ; th e Magic-. Crates possessed the confidence of the public—( Hear, hear) — and for that reason only he believed they were appointed. And never had he heard from any person dans: political creed s . the slightest complaint of the administration Ofjustiee in that borough. The Right lion. Gentleman had thought it nee. s _. envy to add five nt w names to those eight, and they were all Conservatives. He had not the slightest charge to make against, their character ; on the contrary, he was ready to bear hi; individual testimony to their great respectability. But whereas , it had been usual to select gentlemen from the town, the Righ lion. Gentleman, unable, he (Mr. Strutt) supposed, to fie( I men of worth in the town, had taken twa from the county, wlu did not possess either the municipal or parliamentary franchit e. —( Hear, hear.) Another of those five was a man of great rs spectability, and well known to him (Mr. Strutt), who he' 'II the situation of Postmaster in the town. Ile did not think tb it that was exactly the office which a Magistrate ought. to bold. (Hear hear)--and he must say on the whole that these a p pointments had' given the greatest dissatisfaction to the wit tie place.--( Hear.) , Sir JAMES GRAHAM said he believed that seven miles from the borough was the limit within which a man mi• sht live not to be disoualified from voting; he should feel obli g - ed to the lion. Gentleman if he would state how far from the: town the two gentlensen to whom he referred resided ? Mr. STRUTT said, he did not say that they were disqueii - fled. They lived two or three miles from the town, and ha d no connexion with the town.—( Oh, oh.) All he said ova that they possessed neither the municipal nor the parliarnentta cv franchise.—( Hear.) Mr. COLVILE said, if the Right Hon. Baronet had lot iised over the whole town of Derby he could not have found men who would better have done their duty than those he had Ip pointed.—(Hear, hear.) Captain LAYARD said he wished to know what the I light Hon. Baronet had done for the benefit of Southampton. with regard to the appointment of new Magistrates here ? Th e town council in that borough were almost all Tories, and. then, ~,ore seven Magistrates. One of these died, and a .deputation, of some of the most respectable Liberois in, the cons. fisting place, :waited upon the Noble Lord the Member for London, and requ.osted that his Lordship would fill up the Tama cy isvappointing Liberal. His Lordship re pli e d , t h at l ie ma ist town council, and, guidad by the in consequence, a Tot y was appointed. He N 7 ished the Tories wou ld act i n t h e same • way. Mr. HUTT saic lie should have wa i ve d hi s pr i v il ege of rep l y, . had it not been for s nas.e ob s erv a ti on o f t h e Ri g h t Hon. Bars t., the . _Department Th e Ri g h t H on. G en- Secretary for the Horsse tleman had said he should),AVC expected more mo d erat i on , f rom him (Mr. Hutt) who h a d .come fresh from the Southatcq 'ten Committee-room. Now what did the Right Hon. Ba ro net mean by that decent and „ n tj e oanly in s i nua ti on ?—( l '..t tad cheering, and cries of " aid he mean any good'"? The SPEAKER said, if the lion. Member has used the word ungentlemanly, he was out of order. Mr. HUTT had used the words " decent and gentleman' which he apprehended were sufficiently regular. How tar his behaviour in the Southampton Committee-room was bee , en ing a judicial tribunal he would not apply to the Right H on. Baronet to decide.—(Cheers.) Ile would leave that ma ttor to the Hon. Members for Newcastle and Devor..—(Chee ess. ) He would leave it to the House, when the Report of :the C or n mittee should be laid upon the table.—(Cheers.) kind t lie Right Hon. Baronet attacked him about the Committee, t e cause he knew it was a subject on which, by the rules of t. he House, lie would be precluded from defending hims elf?. (Hear, hear.) If so, he little envied his feelings, at id rte thanked God that he could not.—(Loud cheering.. ) It had been made the subject of complaint, that, notwithat ant l ing the importance of his charge against the Right Hon. Bt roust, he had ended his speech with a trifling motion. 11 o had the example of; the head of the Government for so dr intg on a similar occasion in 1836. Let him ask the attention of ti re Gallant Member for Durham to this subject. He thought 1 is Hon. and Gallant Member for Durham (Capt. Fitzroy) treate him with ingratitude. Had he not given him an opportun,t y of making a speech, and of saying a great deal of himself are i his Noble Relative, matters to which he was fond a f referring,?—(Cheers) But when he did him (Mr. Hutt ) the honour of taking down his words, he hoped he would dor s correctly, which would spare himself a great deal of indignati on , and hint (Mr. Hutt) the trouble of contradicting him. VI 'AI regard to the motion before the House, he was glad the t lion. Baronet at the head of the Government did , Cos adopt the same line of defence as the Right Hon. Baron e.'., the Secretary for the Hcme Department.—(Hear.) The ( fence which he made was, that others had done wrong, and a n these grounds he justified his own conduct. He should lii to know if the increase which the Right lion. Barone t had made in the Magistracy was the result of any corn. plaints as to the insufficiency of the number whe had discharged the duties ? He had alluded to Hull a great deal, but he (Mr. H.) and the people of that place well remembered the Radical doctrines of the Right Hon. Baronet in that place, and he also recollected that the people there, wero not very well satisfied with him because he did not go so far as the Right Hon. Baronet, and therefore was not fit to be their representative.—( Cheers and laughter. ) Sir J. GRAHAM—In what year was that? Mr. HUTT—In the year 11+31. The motion was then agreed to. Ii POOR LAWS. Captain PECIIELL presented a petition from Mr. Brooker, !' statirg that his character had been aspersed with respect to statements of his regarding the Eastbourne Union, and praying that the House would investigate the statements (as we understood.) On the question that the petition be laid on the table, Mr. BROTHERTON moved that the House do new adjourn. After a few words from Mr. DARBY, Mr. BROTHERTON said he would withdraw his motion for adjournment, if the debate on the question to which the petition referred were adjourned. The SPEAKER having given Isis opinion that the petition reflected upon a Member of the House, and could not be re ceives!, Captain PECHELL withdrew the petition, and moved for a return according to his notice of the number, names, and ages of all persons committed to any prison in England or Wales for any offence in a union workhouse established under the previ sions of the Poor-law Amendment Act, stating the nature oef the offance, the period of punishment, the name of the union, and the number of each union, and for each year, from the '2sth day of March, 1835 to the 25th day of March, 1842, with tle population of each union, according to the last census. Si milar return for offences in workhouses of parishes and unions governed by guardians, vestrymen, or parish officers, under local Acts, and 22 Geo. 3, c. 83, known as Gilbert's Act, or not included in any Poor-law union. The lion. and Gallant Member then went into a statement to show that a very large number of able-bodied meu had been committed to prison for having run away from union work houses. He thought this motion was a very good prelude to the Right Hon. Baronet's motion for a law to suppress such unions as " Gilbert's," in none of which had there been an in stance of an able-bodied man being sent to prison for running away. Mr. DARiIY said he thought it was very unfair for the lion. and Gallant Member to mix up the management of any particular union with the question of the Poor-law. Many allegations had been made against the guardians of this union, and the whole of those allegations they denied. The charge of the Hon. and Gallant Member was one of constructive murder, which was a moat tremendous charge. The matron and the guardians took care to go round the workhouse once every week. The Hon. and Gallant Member ought not to have made his charges unless he had given them notice of his inten tion. It was a very extraordinary fact that Booker was not heard of until be had a communication with Smith. Capt. PECHELL said he had considered it his duty to pre sent the petition. It was a charge of moral and constructive murder, and all ho wanted was an inquiry. The return was agreed to. PO4R-LAWS. Sir J. GRAHAM said, in consequence of the lateness of the hour, he should postpone the motion of which he had given notice, for leave to bring in a Bill to continue the Poor-law ' Commission, till Tuesday next. The Dublin Police Bill, the Punishment of Death (Ireland) Bill, and the Victoria Park Bill, were read a third time and passed ; the British Possessions Abroad Bill was read a second time, and ordered to be committed ; the Knightsbridge and Kensington Openings Bill was read a third time and passed. NEW WRIT. Mr. GODSON moved that a new writ be issued for the borough of Nottingham, in the room of Sir G. De Larpent. Mr. BROTHEItTON moved that the House do adjourn. Mr. WARD seconded the motion. As there was a motion on the paper for te-morrow on this subject, he was surprised that a new writ should have been moved for under the present circumstances. The SPEAKER put the question, which being carried, the House adjourned at One o'clock. SALE AT STRAWBERRY HILL. Yesterday's, the eighth day's sale, consisting also of coins and medals, realised about 5701., being fully as much as was expected by most competent judges. The agent for the British Museum, as usual, carried off the finest lots. Lot 1. Edward VI., fine thick pkdfort, or pattern for a shilling, was bought by that national es tablishment for 481. Lot 3. Charles I. halfpenny pattern was sold to Mr. Wigan for 31. 3s. Lot 5. Ann's farthing, fetched 3/. 7s. 6d. Lot 6. Ditto, in silver, 21. 12s. 6d. Lot 7. Ditto, 11. 14s: Lot 8. A unique fragment of Queen Elizabeth's intended broad piece, one gold, only sold for 361. 155., to the British Museum. iluding, and Walpole himself, mention this curious piece. Lot 12. George the Third's five guinea piece, 27/. 10s. Lot 13. A similar, but finer, 2FL Lot 15. Ann's halfpenny, 11. 17s. Lot 20. Mary of Scotland's fine testoon, with the old head, rare, was sold for 2L 195., to Mr. Curt, who also purchased Lot 22, Ann's golden lion, for 3/. ls. Lot 23. Henry.Vlll.'s celebrated gold coronation medal, only two or three of which are in existence, was bought by Mr. Till for 514 Lot 41. Mary and Philip's medal, chased, 4/. 4s. Lot. 42. Elizabeth's medal on the destruction of the Spanish Armada, 2/. 16s. Lot 44. Silver medal of Julius 111., on his attempt to re-establish Catholicism in Great Britain, was sold for 81. ss. Lot 46. Medal of Lord Inchinquin, chased, 91. 19s. 6el. Lot 53. The satirical model of Cromwell, only four genuine examples of which are known, was bought by Mr. Till for 8/. Lot 55. Fine silver coronation medals of the Kings of England, by Dr. Rawlins, for 2/. 12s. Lot 68. Medallion of Sophia, mother of George 1., exceedingly fine and rare, by Mr. Curt, for 2/. 2s. Lot 103. A collec tion of 486 Pope's medals, in silver and brass, bought by Mr. Curt for 32/. If these bad been divided into smaller lot:;, they would certainly have produced more than double the amount. FRENCH PLAYS, ST. JAMES'S THEATRE. First Appearance of Madlle. Dejazet, THIS EVENING, MAY 6, The Performances will commence with LA DEMOISELLE A MA HIER ; 013, LA PREMIERE ENTREVUE. After which, VIIICT VERT.—Vert Vert, Madlle. Dejazet. To conclude with LA FILLE DE DOMlNlQUE—Catherine Eianco:elli, biaclle. Dejazet, Boxe', t3s, ; Pit, 3s. lid. ; Amphitheatre (or Gallery Stalls), 3s. ; Gallery, 2s. Doors will be opened at Seven o'clock, and the Per formances commence at Half.past Seven. Applications fo- Boxes and Stalls for the remainder of the Season, to he made at :Jr. Mitchell's Library, 33, Old Bond-street; Mr. So. ruin's, 12, Regent-street; Mr. Sams's, St. James's-street; and at the Box-office of the Theatre, which is open daily, from Eleven till Five o'clock. THE INDIA SUN, CONTAINING A MAP AND FULL ACCOUNT OF AFFGHANISTAN AND THE THEATRE OF WAR IN INDIA, Is XOTV READY. Should Sir Eardley Wilmot be appointed to the governorship of the Mauritius, as rumoured, it is thought that Mr. Newdigate, of Newdigate, a member of cne of the most ancient families in the county, will be returned in his stead, as one of the Conservative Members for the northern division of War wieksh Advertiser. The Augsburg Gazette states from Vienna, 23d ult., that reports of an intended marriage between the reigning Duke of Brunswick and Princess Mary of Baden are u nfonnded. Several accidents have occurred during the last few days in consequence of horses taking fright atgrouPs of holiday" keepigg ehimey ;weeps. AN* 4 c f i & ,40 •.• •Aff • • e 4 ., : :-zAA: • A • . wct't::-:,; gnu =emu LONDON FRIDAY MORNING, MAY 6, 1842. Mr. ROEBUCK last night gave notice, and, in giving it, was loudly cheered by both sides, that he would ask this evening, Lord CHELSEA, Mr. RUSSELL, Captain PLUMBIDGE, Sir J. C. HonHousE, Sir G. H. DE LAK• PENT, Mr. ELPHINSTONE, Mr. JOHN ATTWOOD, and Major BEBESFORD, if any one of them was cognisant of, or a party to, any arrangement by which he is to vacate his seat, notwithstanding a Committee has declared him duly elected. The Hon. Member is also to move for a Select Committee to inquire whether certain parties con nected with the trial of election petitions have not been guilty of a breach of the privileges of the House. We regard this as a spirited, a proper, and an independent, though, perhaps, not a delicate proceeding, and we have no doubt that Mr. ROEBUCK will make out such a case as will astonish the public. He will show, if we are not misinformed, that in nu merous cases the judgments of the Committees, though according to the evidence brought before them, have been dictated by the parties to the contest., settling amongst themselves who shall have the seats. He will show that gentlemen have entered into bargains to retire from the House after short periods, to make way for their opponents, and if he can get at the facts he will probably prove that in these cases money to pay costs has been an ingredient of the corrupt bartering. We earnestly hop that the Hoia. Member will unveil the whole of th roguery, and place the legislature of this empire before the public in its proper character. What that is, it may not be prudent for us to say; but Mr. ROEBUCK'S motion properly carried out, will prove whether it deserve the public confidence, or whether it be as corrupt a. body as ever presumed to usurp the great and solemn function of law -making. We will say no more, preferring to wait till Mr. ROE BUCK has stated the facts in the House of Commons ; we shall merely observe that the mode of leading evi dence, by which the Committee is compelled to come to any decision on which the parties have agreed, will not. be remedied by any other mode of forming Election Committees. Against this species of corruption even Mr. O'CoNsrm.'s plan to make the Judges of Westmin ster Hall the Presidents of the Committees, would be of no avail. They could only decide according to the evi dence, end the parties would place before them such ' evidence as would produce the decision they wished. , :...,k n officer appointed by the House of Commons to carry 1 on the proceedings and arrange the evidence, indepen -1 aeittly of the parties, will be required to give efficacy ;to tlw scheme. The electors may, in some degree, pro `,.tect'themselves, by invariably defeating the objects pro posed by those who enter into such compromises. 1 great Whig-Tory, or Tory-Whig philosopher, we know not which, licu; found out that the people are not ,to be entrusted with political power, because " they t. Inuit in herds." The argument seems applied on the old p, inciple, that any stick is good enough to beat a dog ; the people. are to be denied political power at all hazards, am' any kind of argument will bolster up the foregone cone.usion. One more inappropriate, and, at the same time, more correct in statement, is difficult to find. Individuals of the lower classes, middle classes, up. per classes—the clergy, the military, the navy —men of different trades, do think alike or in herds, and so thinking, each class follows somecorresponding line of action, and is, by its thoughts and conduct, separated and distinguished from every other class. To think in herds, therefore, is common to all mankind, and to draw an inference from that nf,.:ainst intrusting some portion of them with political p• aver, is like dooming them to exclusion because they heave two hands and two legs, which they do not use in recisely the same manner as the aristocracy use their ha tub; and legs. What, too, is the process of thinking, that it should be made, as it were, a matter of reproach to the loner classes that.they follow it in herds? In all cases, thinking is the result of the action of the external world on man. The test of truth is always an outward and ma terial object. That is the link between all minds, and there is no other. We cannot see each others thoughts, but we each suggest something to the minds of others, by referring to the universal external standard. The most profound philosopher—a BACON or a NEWTON, and the humblest Nvorkman, equally appeal to some external fact, ill the last resort, as the test of the accuracy to truth of the thoughts he communicates to others. If the standard and source of the thoughts a ail men be onn type common to all, though it aff(cts individuals differently, men not only must think in herds, but in proportion as they all agree, so will their thoughts he accurate. Not to think in herds, is to be a crotchety person, a person ,destitute of common sense, a madman; whence it follows, of, the sublime theory of the Tory-Whig writer s that only - the crotchety or the insane are qualified to, form the em2stituency and the Legislature. The same fact is true of the passions. Men pursue the same objects, as well as think in herds. To say nothing of the common appetites, which we all share and seek to gratify much after the same manner, the pur suit of wealth, of political power, or ambition is a very gregarious propensity. But far from looking at the universal truth, that men think and act in herds, as a reason for excluding any portion of the people from po. litical power, it seems to us the very element of politicxil stability. It is because people do think in herds, because one generation hands down its trains of thought to another, and because peculiar trains of thought arts common to the bulk of the English, the French, or any other people, that the national existence of each, and the national institutions of each, are maintained separate and independent. That the multitude may; in so thinking, follow one mind, is a true, but not a disabling fact. Every truth dawns first on some individual mind, and the multitude are no more to be censured for following Mr. FEARGUS O'CoNxon, if he expound political truth, than fur follow ing NEWTON after he had expounded the principle of gravity. The great object of politics should be to guide and govern society at every moment by the sum of ALL THE KNOWLEDGE extant—an end which can never be reached by' excluding from all Tower, as far as the Constitution and the law can exclude them, five-sixths of the mature males in existence. It is customary, we allow, for certain classes to assume that their peculiar knowledge should alone be the guide of society. They call themselves the authors or heralds of civilization. We differ from them. The civilization of society in one age does not take its hue from the poli tical or religious leaders of the preceding age. WAL POLE, CHATHAM, NORTH, and Fox, had little or nothing to do with the invention of the steam-engine, and the development of that nranufacturing system which is the peculiar feature of the civilisation of this age. It. was not by the will of the priesthood, prior to 1780, that Dissent has become formidable. Thus, we take leave to say that the political leaders leave little or no impression on the civilization of the next age. It is not their peculiar knowledge, but the general knowledge of their age, which is the parent of the civilization of the next age. It ought also to ba the guide of the national policy, which it never can be, as long as the bulk of the nation is excluded, by the vain and selfish few, from direct, and immediate contral over the Legislature,