The Press.
London, England, 1854-06-10 00:00:00

JUNE 10, 1854.

retained it within my own knowledge, without communicating
it to the Duke.
Am Ito understand that if you had been aware of the
circumstance, and if you were aware that that circumstance
had not been mentioned in Mr. Stonor's letter to the Duke
of Newcastle, soliciting tho appointment, you would have
considered it incumbent upon you, in discharge of your
duty in the position you hold, to have mentioned the fact
to the Duke of Newcastle ?—Undoubtedly.
You would have considered it a dereliction of duty not
to have done so ?-41 very great and agruas dereliction of :hay,
on account of the peculiarly confidential position in which
individually I was placed in the Colonial-office.
These replies of Mr. ROBERTS seem to re-
flect with great severity upon Mr. MERIYALE.
But the latter gentleman, on further examina-
tion, reiterates his previous assertion of having
mentioned Mr. STONOR'S acts at Mr. TOWNLEY'S
election. He again says (394) :

I have a most distinct reCollictic; of using the words,
but I cannot say more than I did yesterday. To which of
the two I used the words I do not know ; I can hardly
imagine that it was to any one else. My impression is
that probably it was to his grace. I remember that I haci
no answer; from which my own inference is, that I spoke
hastily in a conversation, and alluded to something which
I thought was understood. My allusion escaped notice
altogether ; that is my impression. I certainly remember
using the words very distinctly,
And under examination by Mr. HORSMAN he
says, with reference to the printed paper
about the Sligo affair, that (398) "he took for
" granted the Duke must have read it, and
" been aware of its contents, and that he
" thought, also, that the thing was notorious
" amongst parliamentary people and others."
And on the latter point we think that " par-
liamentary people" of both Houses will concur
with Mr. MERIVALE. Our readers ara already
aware how the Duke had overlooked the
printed statement enclosed to him by Mr.
STONOR, but not referred to in that gentleman's
letter of application.
After severely blaming Mr. MoonE for his
having brought charges of political corruption
on insufficient grounds against the Duke of
NEWCASTLE, the Committee conclude their
Report with the following censure on the Colo-
nial Department :
But your committee are also unanimously of opinion
that in filling up the vacancy which had occured in the office
of a judge in the colony of Victoria a want of due caution
aid discrimination was evinced by the Colonial Department,
and that no sufficient care was taken to ensure compliance
with the wishes of the Lieutenant-Governor of the colony,
or to satisfy the requirements of the public service.
Thus the condemnation is made general,
and the various officials all get some asper-
sion. But we might have supposed that
one of those statesmen who so pride them-
selves on their administrative aptitude could
not have blundered so much as the Duke of
NEWCASTLE appears to have done. Apart from
any reference to Sligo electioneering, it would
appear that a " conveyancer " was not exactly
the person suitable for a colonial judge. Bar.
risters who look for colonial promotion do not
attach themselves to the equity department of
the profession, but go circuit, and attend the
courts of common law. A judge for the
" Supreme Court of Victoria ' ought. to be
practised in dealing with facts, and habitually
conversant with all the rules of evidence. An
arbiter in cases of life and death, he should
have been accustomed to the emergencies of
common-law practice (so much more urgent
than those of a " conveyancer"). The Lieute-
nant-Governor of the colony applied to the
Secretary of State for a " thoroughly competent
" third judge" (Report, p. 7), and alluded in
his despatch to " the rapidly-increasing
" pressure of the public business," and to
" the public requirements at the central
" court, and on circuit." And he then pro
seeds to state that, after consulting the Execu-
tive Council, they were unanimously of opinion
that

in the present peculiar circumstances of the colony the
members are unanimous in considering that I have no alter-
native but to apply to your grace for assistance, and to request
that you will be pleased to select a thoroughly qualified
officer to fill the vacancy ; one, ijpoesibk, whose standing will
at once justify the 'pleasure which I take upon me to recom-
mend. lam impressed with the importance that, under
the present circumstances and prospects of the colony, the
judicial bench should be filled by men not only possessed of
unimpeachabk character, and general qualifications which may
command the public respect, but also of high legal attain-
ments.
And in answer to that pressing request,
made with such peculiar emphasis, his Grace
the Duke (if NEWCASTLE selected from the bars
of England and Ireland the " conveyancer "
Mr. STONOR, with whose antecedents he was
not familiar, though, according to his Under-