The Connecticut courant and Hartford weekly intelligencer — Hartford, Conn., 1775-06-12 00:00:00, page 1

The C RISI S. [No. VII.]
" th Right Honourable Lord A P SLEY, Lord
Chancellor of England.
February 177 c.
My Lord,
I' WAS a bye-stander this day, when your Lord
ffiip and the House of Lords decided the very
important cause of Philip Thickness, Apellant, and
Peter Leigh and others, Rcfpondents, and though
unconneaed with the parties, and consequently uh
interefted in the event, I mud own I was forcibly
struck, by a scene so novel and unexpected. 1 flood,
my Lord, with silent awe, at the bar of that tribunal
which I had ever been accustomed to confider, as the
last refuge of injured justice. I expend to hear a
question of law, of infinite nicety, difeuffed with
wisdom, and decided with integrity. Judge then,
my Lord, my aftoniffiment, when instead of that de
cency in debate, which ought to be observed, even
in the lowest court of justice, and which I had ever
thought in a peculiar manner, charafteriftic of the
House of Lords,! saw proceedings which would have
disgraced a Polifli Diet ! Yes, my Lord, in all ray
experience of courts ofjuftic@, I never saw judges
so avowedly corrupt, so indecently profligate, as
your Lordship, and Lord Denbigh! Lord Camden
delivered his opinion on the question, in an argu
ment, that will carry to the l&teft times, his fame,
and your disgrace.
Your Lordship, in answer to him, delivered your
sentiments, I cannot call them an argument, be
cause there was nothing that referabled a chain of
reasoning; and indeed your Lordship seemed more
to rely on the letter you had received from Sir Wil
liam De Grey,and on the conversation you said you
had with Sir Eardley Wilmot, and Sir Stafford
Smythe, than on any reason you could advance in
support of your decree.---When Lord Camden, with
a decency becoming the occasion, and the place in
which he spoke, reminded your Lordship how im
proper it was for a Judge, deciding so nice and diffi
cult a question of property in the highest tribunal of
the kingdom,to talk of opinions of men,not judges
in that court, who had given their sentiments in
private, probably without much consideration of
the fubjeft, most certainly without hearing the fa&s
Rated, and the question difeuffed by counsel. What
treatment did he meet with? Lord Denbigh's at
tack upon him, was the attack of a ruffin, hired to
carry through a prefligate measure by affaffiriating
every man who ffiould attempt opposition. Your
Lordship's language was somewhat more decent ;
it was the language of ignorance, delivered with
that insolence which a weak, and a vain man feels,
confident in a corrupt majority. Has your Lord
ship still to learn, that the opinion ofajudge, tho'
delivered in the course of a cause in open court, and
handed, down in print, yet if it is on a point, not
before him as judge, is never allowed to be cited
even by counsel in argument? And wifely so e
stablished, my Lord, for the law of this country
gives credit to the opinions of the judges, only on
those points which are necessarily brought before
them in the course of judical proceeding^ On these
points, when they have heard the arguments of
counsel, they decide—if errbnioufly,the injured par
ty has his remedy by appeal, if corruptly and ini
quitoufiy, the decision of the judge appears on the
record, and he is amenable to his country's justice,
-.-Is your Lordship ignorant that this is the law, or
can your Lordship fay, or will any other man fay
for you, that in the course of his attendance cn
courts of law, he ever before knew a y rivate letter,
and private conversation, adduced bv a judge, not
as arguments, furnifhing reasons for an opinion,but
as authorities in law, to warrant his dicifion ? My
Lord, 1 will defy your Lordship, with' all your long
BAof advisers, from the hollow-hearted Lord, who
made you Chancellor, down to the lowest driviller
who feeds your vanity with flattery, to fay, that
such a fight was ever before exhibited in a court of
justice.-.-From the exiftoce of courts of law in this
island, no man, ever before vs day, saw a private
letter preduced, read, and relied on, as authority
Containing the Frelheft ADVICES,
MONDAT, June . 12, 1)75.
CONNECTICUT
AND
~W EE KLY
by a judge, pronouncing judgment. Are the ar
guments of counsel mockery ? Or are they suppos
ed to suggest matter, to be weighed by those who
are to decide. The judgment of your Lordship &
'" e House or Peers, this day, was avowedly founded
on the authorities of men, who had never heard the
question difeuffed by council. If this mode of de
ciding is to prevail in courts of justice, arguments
by counsel arc needless. Your Lordship can decide
without hearing them. Nothing more is requite
than for your Lordship to write a letter to some
friend, his answer read in court by your Lordship,
will Hand in trie place both of authority and argu
ment. Is this the way in which justice is to be dis
pensed to the lubjedl, in the supreme tribunals of
the country, the Chancery, and House of Lords.
O! feats of Talbot and of Hardwicke, from
whence those great and godlike men, with pure
hearts, and wisdom more than human, filed on this
h a ppy land the fragrant dews ofjuftice from whence
the vanquished Suiter was went to retire fatisfied,by
the arguments he had heard, that he had been mis
taken in his claim. Hdw is your glory faded ! The
wretched thing, who now fills the place of your late
bright inhabitants, attempts not to give reasons for
his decisions ; but tells the suitor in plain terms,
that he decides the cause, on the authority ofa let
ter from one ofhis friends, who had never heard the
faffs openly fated, or an argument from counsel on
the fubjed.—My Lord, were I to tell a man, bred
up in the courts of Talbot and of Hardwicke, that
a Chancellor of this country had decided a question,
on an executory devise, on the authority of a letter
from Sir William De Grey, who had never heard
an argument on the question, he would tell rac it
was a LYE---It would be impossible to be true----It
would be as repugnant to all ideasofa Chancellor's
proceedings, as if I was to tell him, that on theist
day of the term, I had seen the Chancellor carried
round Westminster-Hall, in Bacchalian triumph,
the train,mace, and purse, born by 3 drunken trulls
picked out of a brandy shop at the Temple-Bar.---
My Lord, men's minds are formed by what they
have been accustomed to. Those who remember
the polished manners and elegant argument, of for
mer Chancellor's, are shocked at your Lo'rdfhip's
brutal decision. Sic volo,fcjubeo. My Lord, Ido
not use these expressions as merely similar to your
Lordship. Ido aver, that since your Lordship has
had the custody of the great seal, I have heard you
decide a question at law, argued by an eminent
council, in these very words, 2 am of a different opim
bn—l heard your Lordship decide in these words, I
heard that very decision reversed as erronious.---My
Lord,your Lordfhip'sconduct is become too glaring
ly despicable. When the great seal had been tak
en from Lord Camden, for daring to speak his sen
timents in parliament, and the ever to be lamented
Yorke, had by a virtuous death atoned too severely
far the weakness of an unguarded moment, for who
can witliftand the pcifuafion cf Kings when they
become suitors? the gap was to be flopped. It was
necessary that the office of Chancellor should be fill
ed. Your Lordship was pitched upon byLord Manf
field, as a man who being too weak to form opini
ons of his own, would pay implicit obedience to his
dilates, and in character of the great law officer,
avow legal opinions, his patron might be unwilling
to rifque. 1 his was the ground on which your
Lordship was made Chancellor. The nation saw
it, and lamented, that an office of such infinite im
portance, should be disposed of from such motives,
and to such a man. For, my lord, do you think,
the world fcr corifiKred you as a lawyer. Those
who had attended Westminster-Hall, knew that
your abilities as a man, and your knowledge as a
lawyer, were below cor.tempt.---They knew that in
the charafler of an advocate you had never got zool
a year, in all the courts of Wefimifter taken toge
ther. They were astonished when you were made
a judge, but they were exasperated when you were
made a chancellor. Im the difeharge of the duty of
that office, they saw that your decisions were ever
unfwpported by argument, from hence they were
both FOREIGN and DOMESTIC.
I am entirely a granger to what has been feffin, in
" the house of Lords upon the fubjell ofycur letter,
not knowing till a day or two ago, that there
was any cause depending there,in which yen were
suterefed; and then only in casual conversation,
lam, ^c.
WILLIAM DE GREY."•
On this letter I shall make but one comment: ei
ther Sir William DeGrey's anfwer'to the appellant
contains an untruth, or your lordship has pradifed
on the house of peers, an imposition of the BLACKY
EST DYL
Ld to fufpeft, that your decrees were made by 0-
^ers my Lord they fufpeeted this, but they did
not know it, till your lordship in the debate of this
c^y, put the matter beyond doubt. You will fav
chancellor may aft the assistance of those
^judgment he esteems. True, my lord, but
uim call upon them in the charafler of assessors
that they may hear the arguments of council, that
they may be anfwcrable forthe doflrir.es they lay
down, and that the suitor may know by whofeW
n^on his property is bonnd.—My Lord, this is y^r
character, drawn with more truth, than by those
fyeophants who tell you that you are a greater
chancellor than Hardwicke, Talbot, or Camden !
, ° ma ? ev f r doubted about your head; the con
dud of this day has fixed mens opinion of your
heart, my Lord, it was a foul proceeding.
£,"' f^l da )' s ^k, Jufiicefamed te eclipse.
Fhe suitor had seen with grief in what weak
hands the great seal was entrufled, but when he saw
that if yourignorance led you to decide erroneously,
*R* ~d H° ufe of Peers might be brought together
to sacrifice his property to yotir vanity,he was flruck
with horror. My Lord,the nation will not bearit
andfcene ° f this da Y> y°" r Lordship can!
not hold the great Seal. JUNIUS
P. S. When th; decree was affirmed, there avas not °a
bo^efae orfa Lerdj in ^ House, hefder Lord Camd^r.
and the present Chancellor. Paulet (to his honour he it
recorded) moved to have the fudges called in. This mo
tion ^ ever-ruled end be retired. It ^ the Duke' of
Chandoss, Lord Denbigh, Lord Catchcart, and Lord
Galloway, ,bp took upon themselves to decide a nice ques
tion flaw, which ought to have been argued with wis
dom and diferetion, but wbich was debated ^ith feafa,
and decided by party zeal. In fart, what retifed the
Chancellor, ruined theSuitor—-The Times.-
Note. W hen the house of lords were met to hear
the cause, a message was lent to lord Mansfield by
the chancellor, to know if he would not attend
but the chancellor very well knew he would not at
tend. He knew that Lord Mansfield could nst ic
fift the arguments of Lord Camden,and that he must
concur with him in rererfing the decree. Lord
Mansfield therefore flaid in Westminster-Hall, to
decide the property of twenty-five pounds, and neg
le&ed his duty to attend,nrhere ten thousand pounds
were at flake, as well as the honour of the nation
He well knew that the honell zeal of lords Catch
cart and Galloway, the villainy of lord Denbigh &
the folly of the cajoled duke of Chandois, he knew
that they would attend constantly, to take notes, in
order to form a determination, they went into the
house prepared for---.namely to affirm the decree,
and do for Lord Mansfield what he durfl not do
himfelf.
Lord Mansfield's perfcnal dislike to the suitor
has long been well known. When he appeared at
the bar of the King's Bench, to receive judgment
for libelling Lord Orwell, Lord Mansfield jumped
horn the frat of justice, and with fury in his eyes,
and agitation of body ccnfonant thcreto---cxclaim
ed, commit him ! commit him !---An indecency of
behaviour which aPoniiked the whole court.
„ Since writing the above, Ihave seen a letter
from Sir William DeGreyjn answer to one from the
appellant, questioning to know, whether the letter
read by your Lordship in the house of peers, was
read with his privity,Sir William De Grev's answer
is in these words :
SIR,
[NUMBER 546.]
C O URA N T,
Hartford (
INTELLIGENCER.