The Express.
London, England, 1850-07-27 00:00:00

TORNEY-GENERAL'S OPINION.

Colonel BIDTHOKP row b Bellths-nitention of the
house, to the pro°. edings on the part albs:Attorney-General,
relative to the erection of buildings in Ilyde-park for the
proposed exhibition of MI. He regretted that he was pre-
vented from moving an address to the crown which it woe
his intention to have done, praying her ltd Testy to direct the
Attorney-CienerM
to give his, sanction to the motion Cr an
inj ng°ol._i".The. mot iO4l he was compelled to defer tiU Monday
wnen • w•Juld bring ft on if be meld. The bun. and
gallant wwiaber occupied much time in restating hie
objeatlo•os to the exhibition. Ile rebuked the Com-
' mt d join for their hasty and unwarranted proceedings;
Attor.•ey General for refusing Ms signature to
the application fur an injunction ; and the Muse of

lCommons for peening a vote in opposition to the public voice
and hostile to the public interests. He called on tki;
Attorney-Omni to exhibit the dignity of his *Mos by sa-
quisling in the dangled of the pablic, backed as that 'de-
n:and was b the opinions of such emineet lawyers as *the
Lind Chief Justice Campbell and Mr. Jostles Creswell
(Hear, hear.) Bet if the hon, and leaned gentleman should
not comply, why he(Col Sibthorp) hoped an address would
be agreed cut, humbly calling .on her Majesty to direct the
Attorney• General to do that which wee the wish of her gra•
Seas Majesty's most dutiful subjoett—(hear, hear)—
namely, that he should give his mutation to the information
tray. not as injunction to restrain she erection of a building
in Hyde-park for the purposes of the ezpositloa of 1951.
flomrp borirntagnlntgtfhoa forward ard
every the
puobe question,
eti bezartuee
h
The ATTORNEY GENERAL said that so far as he
was personalty concerned, he felt indebted to the hon. and
e thought
memtw
It member
should be ready to exhibit the ground of his conduct on all
occasion, tad also because, on this particular occasion, he
wastlesirous of stating to the house the motives that actu-
ated him in the course he had adopted. (Hear, hear.) Bs- '
fore proceeding to advert to the subject, It was riaht of him
testate that the course he had adopted en this occasion had
been adopted solely on hie own respensibility. (Remo
bear.) He had not a'ked the opinion of, nor wea he advised
by any person, neither bad he consulted with any miss
previous to his taking that courses. He might have ban
wrong in his judgment, but if he had any doubt on the
matter, he would have consulted with those who wen
eon:retool to advise him; but having no doubt u to the
legality and propriety of the course which he felt bound to
pence, he adopted it as the most proper and dignified
enures, and was therefore solely responsible. (Hear, hear,)
Of this there could be no doubt, that the signing of infer
mations by 'he Attorney-General was not a matter of form,
le was a matter in which he had to exercise great discretion
—to read over the information., and to ascertain whether
the case was or was not a proper one to be submitted to the
attention of the court. (Hear, hear.) Now as to the
motives that actuated him on the occasion, he hoped the
house would permit him to say a few words. (Hear, hear.)
The information was at the relation of 1 gentlemen
residing near Hydepark, and it set forth Timken statutes
that related to the woods and forests, and praying that an
injunction fright be granted. It was essential that the
heum should bear in mind what were the interests con
netted wish the place in which this building wee proposed
to be erected, and the erection of which it was sought to
restrain by injunction based on the information, (Hear,
hear.) The information alleged that the interests were twc
m number, the interest of the crown and that of the public,
the latter being divisible. (Hear, hear.) Now the right
of the crown to Hyde-park, as to all the parks, was plain
and simple, inasmuch as the parks were part. of the hereditary
property of the crown. (lieu.) The crown possessed the
fee simple, with the absolute power of doing with the pro-
perty whatever it thought fit, except gofer as its powers were
mourned by the various acts that fettered the crown (rem
grandee away that property from its successor., together
with those acts that invested the Commissioners of Woods
and Forests with the authority to manage the property and
receive the fees accruing therefrom. (Hear.) Now it
had been stated in the information that there rested no
authority in the Commissioners of Woods and Fort ste to
permit the erection of a building in Hyde Park; and that
the statutes gave them no such authority. In one sense
that was true. (t. Hear, hear," Ir. m Colonel Sibthorp )
The statutes gave them no authority against the
crown, which had the absolute authority to pre-
vent the commissioners from erecting any ouch build-
lags as might interfere with the rights and enjoymeies of
the crown; and it any such were attempted, this crown
eoeld call on the Attorney-General to file an information et
eirscia to restrain such proceeding. (Hear, hear ) But
teat the Crown, with the Commissioners of Woods and
Forests, had the power to erect a building in on; park they
pleased, he had not the sltentest doubt. (lieu, hear )
They found a collection of barracks in St. James's Park,
with vari.us water works and sundry erections in the other
pasha, for which no act of parliament was necessary, nothing
beyond the sign-manual of the Crown permitting
the stencil of the work !ping necessary. (Hear,
her.) There was the cottage in Windsor Path
belt by G .erge IV. when r.gent ; and, as he had
before stated, where the Crown sanctioned the exer-
cise of the powers vested in the comeni•oioners to
erect a wek or building, no act of parliament
ea, necessary. (Hear, hear) But this contemplathl
erection would not irderfers with the rights of individuals;
and even though it aid they would hay, their remedy inde-
f. thdent of the proceeding now under discussion. It had
peen said that interference with the rights of the
public, I, tar as related to their pleasuring in Hyde.
park, had taken pl ice. lie ventured to say that, up in
the best considerate n he could give the qusetion, so far
as related to the legal point, the recreation and pleasure
taken by the public stood on the same tooting in Hyde-park
se iii the other parks, and consequently depended entirely
on the pleasure of the Crown. It was manifest the Crown
would never interfere with that recreation. But in a legal
seise, except in ease where a fiat of way was established,
he asserted the pleasure and recreation of the public in these
parks ,ii pended on the will and pleasure of the Crown; and
therefore the public might as well int-rfere to preen.' the
closing of the park gates at a certain hour, or insist that a
particular description of yekizle not now admissible should
bi in future permitted to drive through, as to insist
that the Crown and commissioners had not the
power to erect this building. ( lieu, hear.) There was no
common law right which legalised the enjoyment of the
pubic on the property of any indisiluel. There certainly
was a custom ; but that did ri 4 wend to the whole class of
the community, though it did to certain branches. No act
of parliament existed to legalise the public recreating them-
selves in the park.; ar.d in the absence of an act of parlia•
meat, the only right the public could have should be in fl!.
pect ef custom, which pre-supposed some pound by which
they might be entitled as residing in a certain locality. H
admitted there might be such a custom for the people of
London and Westo.inster ; but even the rescinding of that
custom would uot afford ground for an informat on, which
was more in relation with the general public. But
the proper mode in such a cue woul I he that
tome of the inhabitants of London and Westmin-
ster should seek to enforce the right : and no
Attorney-General could successfully resist them. He, there-
tore, should say that no refusal of his could prevent any such
courts being taken ; but there was no allegation whatever as
to the existence of say such tight by any class of the come
muliity as was claimed. (Rear, hear) He had already
stated that it the Commissioners of Wo ids and F..reets had
undertaken the erection of this building without the assent
of the crown, he, as Attorney •General, could apply on behalf
Oche ertwn to have that erection stayed. (Hear, hear.)
Now, hayloft read over the information and given the matter
all the consideration and attention he could, it did appear
to him that the relators in this case were endeavouring to
stoke use of the name of the Attorney-General, not for
the purpose of ben, Hung the public, but obtaining an advent
tape for themselves over the property which they had been
advised, and which they believed the courts of law of this
country did not enable them to enforce in any other man.
Der. (Hear, hear ) If such, then, were the ClSe, he asserted
that the Attorney General who would permit his name to
be used for such a pinpoint wool I have failed i i his duty to
the Crewe and to the public, and deserve the severe censure
of the House of Commons. (lieer, hear.) Had he con-
sidered his own ease and convenience, nothing would
have been more easy than to give his name, as a matter of
form, which course could not have prejudiced him, rot dee
priced him of his office, nor p d his advancement is
his profession. But the bouts must see that he
should have been blind not to know that
taking an opposite course, with a strong portion of
the press engaged in the matter, would have brought down
great vituperation and blam • upon him (Hear, hear.)
Therefore, tt was because he heli, not in the justice of the
c tune he had taken that he did take it ; and as long as he
hod the honour to hold odic, he would, in the discharge of
its duties, endeavour to do everything on his own responst•
tidily, without throwing en the shoulders of others any
blame or responsibility. (Hear, hear.) He would do his
duty temperately but fearlessly; an I always act on what he
onceived to honest and tight. (Cheers )