The Press.
London, England, 1856-02-23 00:00:00

THE PRESS.

of prerogative, which the Whigs now uphold,
is exactly the same which the Tories have
always condemned. But they think that by
using the simple expression " prerogative,"
they will, persuade the public that our present
opposition is inconsistent with our former
professions. We claim for ourselves the same
consistency we concede to our opponents.
Tories wish the Crown to exercise real power—
Whigs, delegated power. The one would have
the King 'govern through his Ministers, the
other would have the Ministers govern through
the King. The Whig notion of Royal autho-
rity reminds one of the cloud in which the
deities of old enveloped their favorite heroes
when bent on sonic dangerous enterprise. In
this way the real author of a measure may
frequently be concealed till it is expedient to
show himself, and is enabled to withdraw from
the undertaking without damage if he finds it
beyond his strength. The Deus ex machine has
seldom been more required than on the present
occasion.

In regard to the question of precedents, the
House of Lords must be the lawful judge of
whatsoever affects its own privileges. This
would seem to be in accordance with
universal custom. But, further, we would
remind our readers of the almost totally
worthless character of the precedents adduced
This► was alluded to by Loid DERBY on the
first night of the debate, and the reason of it
is, that a precedent in law and a precedent in
politics are too widely different things. The
establishment of the simple fact is sufficient
in the one case, but a great variety of circum-
stances must be taken into account in the
other. Of these circumstances their Lord-
ships are, it appears to us, decidedly the beet
judges; and after the able argument of Lord
LYNDHURST we do not apprehend there will
long be two opinions in the country.

THE BENCH AND BAR OF IRELAND.
THE motion of Sir JOHN SHELLEY has not been
without its value. The restless puppet of the
concealed intriguers, who would sacrifice the
great constitutional principle of tke indepen-
dence of the Judges, in a miserable plot for
placing one or two Romish lawyers on the
Irish Bench, is undeserving of further notice.
He received his proper castigation in the
House; and when the real object of putting
him in motion was thoroughly exposed, Lord
PALMERSTON set him aside, as a vulgar con-
veninencc no further required. What an ex-
posure of a Government, which recklessly
tampers with all the forms and principles of
the Constitution! Life peerages ; Fermoy
fabrication ; Shelley motions !
Many Conservative members, we are aware,
regret that the intention to divide, which was
only adopted after Mr. S. WORTLEY'S speech,
had not been known to them in good time.
They would have swelled a large majority
against granting the return. But, on the
other hand, the return will be valuable; if
there be delinquency on the face of it, it is
clearly established now, that it is not to be
found in the conduct of the eminent Judges
who were specially selected as the game to be
hunted down in the House of Commons.
Never was a case more triumphantly estab-
lished for accused men, than by the spirited
defence made by Mr. NAPIER, which the House
cheered to the echo. Theorists may speculate
on the physical and mental qualifications of
judges ; for practical men, the best test in the
world is—how, in fact, has the work been done
for the public ? Mr. CHANCELLOR BRADY, who
SO specially complimented BARON PENNEFATHER
in 1853, and so treacherously betrayed him in
1855, has shown himself a worthy accomplice
of the clique of confederates who would sacri-
fice the best interests of Ireland to the rapa-
city and intrigues of the Church of Rome.
But out of evil good often arises. Is Ireland
to be an integral part of the United Kingdom
or a fief of the Papacy? In England, if a
Judge feels himself to be unequal in any
respect to the most efficient discharge of his
high duties, he knows that the moment he
retires he makes way for the best lawyer which
the working Bar can furnish. In Ireland, the

SATURDAY,

vacancy may be filled by some ignorant intri-
gue. cure to expect
thi great learning,
co. 'scharge his

;tion of the
intense re-
position, to
teh for a sue-
Tent of j uris-

high ino- tives
of the con-

pork. _ the public.
He is thus called on to say whether, to accele-
rate a result which he must conscientiously
believe to be a fatal blow to public justice and
the prospects of the Irish Bar, he will put the
country to the expense of a full retiring
pension.
If the question be considered on imperial
grounds, it presents a new aspect. Let the
appointment of the Irish Judges be made on.
the same principle as the English, and then
may you expect the same results as to retir-
ing, iu advanced age or under any special in-
firmity.
The Irish Bar should not let the question
remain as it is ; their existence as a body
worthy of confidence or respect depends upon
the spirit with which they may now act. If
they succumb to the treatment which the
clique of intriguers, miscalled the Irish
Government, seem resolved to inflict upon
them, they will sink into contempt and decom-
pose in gmadual corruption. If they demand
equality of privilege, and insist upon being
treated as Englishmen would contend for to
the death, then we may yet have to congratu-
late them on the happy results of the Punch
and Judy exhibition of Sir JOHN SHELLEY and
Lord PALMERSTON.

uer. It is not in human nature
r, •
that a Judge of high principle, Brea
conscious of his Mimes atlll to dis
fluty to the advantage and satisfacf
public, should not feel the most
luctance to withdraw froM his p
secure a seat ou the judicial Bench
cessoi whom he khoWs to bb ignora
prudence or law, upintlipiiced by hi
of religioh or morality, Wor worthy (
tidence of the sound portion of