The British Press; or, Morning Literary Advertiser.
London, England, 1825-05-21 00:00:00

PARLIAMENTARY INTELLIGENCE.

ROUSE OF LORDS, FRIDAY, MAT 20.
The Royal Assent was given by Commission to the Capital Con.
!Acts' Bill, the Scotch Juries' Bill, the Scotch Sheriff Courts' Bill,
the Scotch Small Debts' Recovery Bill, and the Police Alagistrates'
Bill. The Commissioners were the Lord Chancellor, the Earl of
Shaftesbury, and Viscount Melville.
COUNTY COURTS' BILL.
The County Courts' Bill was brought up from the House of
Commons by Lord Althorp and other Members.
On the motion of Lord REDESDALE, the Bill was read a first
time.
COUNTY RATES' BILL.
The County Rates' Bill was brought up from the House of
Commons by Mr. Estcnurt and ether Members.
COUNTY COURTS' BILL
Earl SPENCER presented petitions front Wellingborough and
from Northampton, signed by 200 persons ; and from Rugby, in
%Warwickshire, in favour of the County Courts' Bill.
The Portage Rates' Bill and the Irish Bankers' Regulation Bill
went through a Committee.
BELFAST ACADEMICAL INSTITUTION.
The Marquis of DOWNSHIIIE presented a petition from the
Directors of the Belfast Academical Institution.—Referred to the
Committee on Irish Affairs.
CORN LAWS.

Viscount M Petition front the landowners
and occupiers of farms in the neighbourhood of Elgin, against say
alteration of the Corn Laws.
STAMP DUTIES.

The same Noble Loitlpre;en tea a petition from the same persons,
praying for some alteration in the Stamp Duties.
TRIAL OF PEERS IN SCOTLAND.
_ .

On the motion of the same Noble Lord, the Bill for regulating
the trial of Peers in Scotland was read a second time.
Adjourned at half-past Five. till Wednesday next.

HOUSE OF COMMONS, FRIDAY, MAY 20.

Toe SPE•ICER attended the House of Lords to hear the royal
assent, given by commission to several public and private Bills
(for whit h see horde report).
Mr. L. FOSTER:moved that the Committees be permitted to sit
during the adjournment of the ilome.—Agreed to. The Honour.
able Member presented a petition from the Merchants of Dun-
dalk, praying that the Liverpool Dock Duty be reduced by fifty
per cent.
Sir G. CLERK moved the further consideration of the report of
the Leith Dock Bill.
Lord A. HAM ILTON said that from the great importance of
this measure, and owing to the pecuniary interest involved in It, it
required the most serious consideration. Many of the inhabitants
both of Edinburgh and Leith were opposed to the Bill. For his
own part, although he would not move for the rejection of the
Bill., as he had not read the evidence connected with it, if such 11
motion were made he would support it. The Port of Leith, which
may be fairly regarded as a Port of Edinburgh, had been put up to
sale of a Joint. Lock Company. and it happened that many of
them were buyers and sellers, being Members of the Corporation,
who said of the Company that purchased it. Such a sale, he would
contend, was most improper and illegal. Besides, there was a
large debt upon the Dock. An action was now depending to de.
tide this debt, amounting to 2135,0001. as contended for by one party
and denied to be so much by the other. It was therefore most int.
proper for the House of Commons to interfere betore that action
was decided. (Hear, hear.) He hoped the Lord Advocate way a
friend to the law of the land, although he was a friend to ibis Bill ;
and be would undertake to say, that the Learned Lord would not
say that the sale under the circumstances he had stated was a legal
one. Though he had not read,the evidence, he was sufficiently
acquainted with the facts to state that the measure was highly ob-
jectionable.
The LORD ADVOCATE protested against the unfairness of
making him personally responsible for this Bill. It was not his
Bill; he had, with other Scotch Members, attended the evidence,
and merely moved the 11111 as a private, not a public Bill. The
Noble Lord had not read the evidence ; he had not attended the
Committee t in short, he acknowledged he knew nothing about it,
except what he had heard from report.
Lord A. HAMILTON explained.
Me. HUME was desirous of knowing how far Ministers were
responsible fur their patronage of this Bill : lie regarded it as one
of the most shameful join brought into this (wee. If the Minis.
ten were in the House. he would be glad to know distinctly whe.
titer Lord Melville had not promised the support of Government to
this measure? On the part of the several boroughs which he re.
presented, he was instnicted to oppose this Bill, and on the part of
the whole community of Scotland he protested against the further
progress of the Bill, as injurious to the trade of Scotland, by the
imposition of a new and heavy duty. He contended that the trus-
tees had violated their trust by the sale of the dock to themselves.
and he was satisfied that the Lord Chancellor would confirm that
opinion. Instead of borrowing the money they wanted at 44 per
cent., they had secured to themselves 64 per cent. for ever. (Cries
of " No, no !") Some persons had sold their shares at a premium
even of IS per cent. He was sure, if it came before him, the Lord
Chancellor would vitiate the whole proceeding. The two principal
grounds on which he would cppose the Bill were, first, because he
was unwilling to consent to an imposition of a new duty on the
trade of any part of Scotland ; anti, secondly, because he thought
It highly objectionable, whilst the amount of the debt was yet un.
ascertained. and an action was depending to deterniinc it. The
proceeding had t.lready caused much mischief, and hr hoped that
his lion. Friend would take the sense of the House, and give every
opposition to it.
Sir G. CLERK thought the charges brought against the Corpo.
ration of Edinburgh, by. the two Hon. Members, very unfair and
unjust, as neither of them hail attended the Committee upon the
Bill. Some years ego, the Corporation of Edinburgh had con.
tra, ted a debt of 265.000/. for certain improvements of the port of
Leith. The Corporation would have been threatened with bank-
ruptcy if an immediate demand for the payment of this sum was
made. From the embarrassment in which, the Corporation was
placed, they proposed the ale of their interest in the docks to a
joint stock company. The plan did not originate with the Corpo-
ration of Edinburgh, but was the suggestion of a merchant of
Leith. Time plan had been proposed for several months before it
was sanctioned or taken up by the Corporation of Edinburgh. it
was not until The 9;h of October that the shares were taken up,
owing to the favourable state of the public funds. The merchants
of Leith released themselves from an obligation into which they
had entered to take any of the shares, which quickly rose to a pre.
mium of LS per cent. The high rate of 64 per cent. was objected to
as ton high a rate of interest, but if that was the largest amount of
interest, that could accrue to the members of the Company, he
thought it was not too much, considering the risk that attended thel
'
speculation. He denied that this measure was, as had leen as.
anted, a Government measure, taken up by Government with a
view of overwhelming all opposition. It was unfair to hare such •
measure of general utility opposed by Hon. Members who had
neither read the evidence, nor attended the Committee on the Bill.

Mr. .1. P. !(RANT said the Bill did not rest upon the Com-
mittee. but upon the broad principles of law. The Magistrates,
as Trustees of the port of Leith, sold the trust to themselves,
and afterwards disposed of the shares at a premium of IS percent.
Such a proceeding he was sure would be declared illegal in the
Court of Chancery. The trustees had taken the shares upon spe-
culation of an Act of Parliament, and by so doing brought them-
selves within the Bubble Aet. fhe Corporation had sold the
property without an advertisement. The community of Leith
petitioned against the Bill, and every town on the Leith coast
trailing with that port had followed the example. fle called upon
the House, therefore, as it valued the law and the interest of the
COMllunity of Lebh, who were unrepresented in that House, to re-
ject this unjust measure.
Mr. W. DUNDAS briefly supported the Bill.
Lord GLENORCHY protested against the manner in which
those Scotch jobs were managed in the Committee up stairs, which
Committee was prblcipally composed of Scotchmen.
Mr. AM:R(1103111Y said the Bill was • most important
one, and involved many interests. He objected to transferring the
management of those Docks to an irresponsible party—to a
Joint Stock Company, to persons not having any interest in the
concern ; they had no interest but that of receiving their dividends.
ft was a floating changeable trace, caring nothing for the trade of
the Port of Leith, and as li.tle for the Docks, because their
dividends were ensured to them. A gross breach of trust had
been committed by the trustees, to effect a gross job. Either in
low or equity such a transaction would never have been counte-
named. Those who thought that trustees way dispose of their
trust for their own advantage should support the Bill ; but any
Member who could not adopt this proposition ought to oppose it.
(Ilear, hear.)
Mr. I.YEMYSS had attended the Committee, and considered
the Bill before the House as one of the grossest jobs which hail
been brought into Parliament for many yearn.
Mr. T. WILSON had heard enough to convince him that
the Corporation had acted most improperly. The transaction
would have been better managed by the merclbuits of Leith.
Mr. Alderman WI )01) opposed the Bill.
The Hence then divided.
For the Bill. 41 ; Against it. 14—Majority, 27.
Lard A. HAMILTON presented a peiftion, signed by 20.000
persons, inhabitants of Glasgow, in favour of the Tyne Canal Bill.
His Lordship also presented a similar petition from Greenock.—
Ordered to lie on the table.
IRISII JOINT STOCK COMPANY.

The k ( ''''''' hill, for the encauragemcnt of
Manufactures in Ireland, was read a third time rnd visaed, without
observation.
THE BALLINASLOE PETITION._

Mr. VESEY FITZGERALD brought up the Report of the
Committee appointed to ingnire into the circumstances under which
a fabricated petition had been presented to the Douse, purporting
to have eeme front certain indivieloals of the town and neighbour.
hood of Rallinesloc, in Ireland. The Report stated that the Com-
mittee had examined scrotal witnissts respecting the subject re-
ferred to their consideration. and that they had before them Robert
Poor Trench Pilkington, who confessed to Ida having been the sole
author of the petition in quesdon ; to having affixed thereto the
several signature which It bore, without the knowledge or consent
of the partite and to his having forwarded the said petition to the
lionnur.shle Member by whoa' it was presented to the House. It
concluded by stating that the offender had offired nothing in ex-
tenuation.
. _ .

Air. Secretary PEEL, however painful to propose an act of seve-
rity, wag nevertheless under the necessity at submitting to the
House a motion on the subject. The petition which that individual
had procured to be presented to the House was en gross a violation
of the privileges of Parliament, and fraught with such dagger to

TH

BRITIS

PRESS.

the right of petitioning, that be felt less reluctance than he other-
wise should in moving that the offender be committed to Newgate.
Mr. BROUG II A3l felt that on the present, as on all questions
of privilege, it was of importance that the vote of the House
shoukl be unanimous.
31r. Secretary PEEL hail no objection to take whatever was the
ordinary course in such eases.
The SPEAKER then referred the House to a case which occur-
red in 1736, and submitted to their consideration whether the
offender's being heard before a Committee should be considered a
sufficient hearing. The case was that of a man named William
Leaner, and his servant, Abraham [vie, who had committed a
breach of privilege by the printing of a certain pamphlet, or rather
by the latter having printed it in the house of the former, without
his privity. In that case the House had followed precisely the
recommendations of the Committee appointed on that occasion. Ile
referred to this for the purpose of showing what the practice of the
House had been.
Mr. BROUGHAM Inquired if the party had been summoned
before the Committee ? and on being answered in the affirmative.
be replied that his impression was that he had not been before the
l'ununittee.
The SPEAKER observed that William Leaner had acknow-
ledged that the printing of the offensive pamphlet was executed in
his house, though without his privity.
Mr. BROUGHA 31 then said that it was a bad precedent, and
one which would be infinitely more honoured in the breach than in
the observance. In comparing what was proposed to be done on
that occasion with what lied been done in 1736, there was this dif.
ference obversable, that with regard to Leaner, the vote was that he
should be committed to the custody of the Sergeant at Arms; where-
as,•with regard to Pilkiegton, it was proposed that he should be
sent to his Majesty's gaol of Newgate. He did not mean t, say
but that it was quite liaing that he should be so sent to prison ; he
merely observed that in the motion before the house there was a
departure from the precedent referred to.
Mr. VESEY FITZGERALD obeerved that the delinquent had
offered nothing to the Committee in extenuation of his offence.
The SOLICITOR-GENERAL said a very few words, which
were not distinctly audible in the gallery, in consequence of
some noise which just then prevailed.
Mr. BROUGHAM was quite clear in the opinion, that the pro.
per course would be to have the offender ordered into the custody
of the Sergeant at Arms. and brought to the bar of that House,
where If he confessed the offence of whith he had been convicted,
he might be permitted to urge whatever lie had to say in este-
noation.
The SPEAKER repeated that on the occasion which occurred
in 1736, the House had acted upon the report of their Committee.
Mr. Secretary PEEL had no objection to the course suggested.
Mr. BROUGHAM thought the course would be plain if there
were only one species of punishment.
Mr. BA NK ES observed, that the House delegated its authority
to a Committee, and the report of the Committee should be
acted on.
Mr. BROU'UTIA 31 replied that the Committee had not delivered
any opinion as to the nature of the punishment which ought to be
inflicted. They found the man guilty of the offence. lie had been
convicted, and was they to be sentenced.
Mr. Secretary PEEL was desirous of perfect unanimity in any
case which regarded • breach of privilege ; he therefore moved
that Robert Poet Trench Pilkington be brought to the bar of that
House in the custody of the Serjeant at Arms.
The question was then put aid carried.
SALMON FISHERIES.
Mr. LESLIE FOSTER rose to present a Petition from the
proprietors of certain corn-mills at Slane, in Ireland, against the
Salmon Fisheries Rill, as they conceived that the effect of some of
its enactments would be to obstruct the navigation of the river on
which their mills were situated.—The Petition was then brought
up and ordered to lie on the table.
ATTORNEYS IN IRELAND.
Mr. LESLIE FOSTER presented a Petition from certain At-
tizeis in Ireland, complaining of the necessity which the law itn-
on the members of their profession, of annually taking out a
icense, which was ordered to be printed. He also presented a Pe-
tition from certain Attorneys practising at the Quarter Sessions in
Ireland, complaining of the low amount of fees for which, in some
cases, they were bound to afford their professional services.—Or-
dered to lie on the table.
POOR RETURNS.
Mr. T. P. COURTENAY laid on the table of the House a
report from a Select Committee on the Poor Returns.—Ordered to
be printed.
MERCHANT SEAMEN.

Mr. HUME presented a petition from certain sailors engaged in
the merchant service, complaining that they were obliged to con-
tribute 6d. a month from their wages, towards the maintenance of
Greenwich Hospital, though they derived no advantage hum that
establishment.
Mr. T. II'ILSON paid that the subject was one of no ordinary
importance.
After a few words from Sir JOSEPH YORKE.
Mr. H USKISSON said, that considerable expense was incurred
in providing for bailors in different parts of Europe.
DUTIES ON SPIRITS.
Lord A LTHORP whetted to know whether the duties on rum,
when rectified, were intended by the Right lion. Gentleman oppo-
site to be the same as on British spirits.
The CHANCELLOR of the EXCHEQUER replied, that it
was his intention that rem might be reedited, payi,tg the same
duty u British spirits, with only the addition of Is. 3d.
METROPOLITAN UNIVERSITY.
Mr. BROUGHAM rose to ve notice that he would on Wed.
nesday move for leave to bring In a Bill for the incorporation of a
College in London.
The CHANCELLOR of the EXCHEQUER said, that al-
though an Hon. Friend of his had given notice for him that he
would on that evening move the adjournment of the House to Wed.
nesday, yet In conformity with previous usage it was then his
intention to propose that the House should not sit until Thursday.
31r. BROUGHAM, after considering the arrangement of busi-
ness, saw no day open until Wednesday, the Ist of June, and that
he thought would be too near the end of the Session to admit of the
Bill passing through both Homes.
The CHANCELLOR of the EXCHEQUER thought that as
it was a public Bill it might be carried through both houses within
the time.
Mr. BROUGHAM observed, that as the discussion might be
had on the second reading, leave for bringing in might be applied
for on any bight without interfering with other bus.ness.
It was then understood that on Thursday lie would apply for
leave to bring in the proposed BilL
JURIES BILL.
Mr. Secretary PEEL, before moving the Order of the Day for
the further consideration of the Report of the Juries' Bill. proposed
that an Address should be presented to the Crown, praying for re.
turns of the local regulations in the several towns, cities, liberties,
Counties, and counties of towns, in England and Wales, respecting
the hopaiielling of Juries.
Mr. SCA RLETT conceived it necessary that in the Bill before
the !louse a clause should be introduced, excepting front retie .1
such Statutes refating to the subject as did nut interfere with the
objects of the present measure.
In this Mr. PEEL cinearred, and it was accordingly ordered
that the Address which he proposed should be presented.
Mr. Secretary before .the Speaker left the Chair, wished
to state the nature and objects of the Bill then before the !louse. ,
It consolidated no less than sixty Statutes, and it repealed alto-
gether
twenty Statutes regarding the impanelling of Juries. The
Bill would farther go to eiti.dtfy landholders assessed at 2111. ,
ox persons possessed of Ipersotial property to the amount of 490/., to
perform the duties of jurors. Another object of the Bill was to do
away the present absurdities and anomalies of the Statute Law upon
the subject. He alstt intended by the present Bill to do sway with
the necessity of the presence of a Knight, which was iiresent re- ;
quired in some cases to constitute a jury under the existing law.
There was another provision which required a CLl:..lii to other or
the jury to be selected from the hundred to which the parties con-
cerned in the case belonged. It wou:d be much more likely to be
able to procure an imperial jury by abolishing this regulation.
Farther, an cases of special juries, where the crown was a Teal or
nominal party, he would propose that the jury be selected in.
variably by bullo . This should be the ease in all criminal cases. I
In civil Cake' if the two parties consented to the old mode, they
might be at liberty to have the jurors selected as usual; but no
such provision was to be made for the selection of juries in criminal
cases. The object of the measute was not to grant), any party, but
to remove the oniections and abuse. existing in the jury syotent, and
render the admihistration of justice as equal as possible. '1 lie i
Right lion. Gentleman concic•!ed with noising the Order of the
Day, for g..ing into a Committee en the further considcrwiun of the
Juries' Bill.
Mr. SCA RLETT wished to take this oeportunity of expressing j
his unqualified approbation of the mode of proceeding adop.ed by
the Right Bon. Gentleman. There existed no subject of greater
or deeper importance, and it was every way desirable that trial by
jury should be rendered as perfect as possible. lie thought it in-
, cumbent on hint to express his gratitude to the Right lion. Gen-
' amen for his exertions, which were such as became the alcuther
of an enlightened and liberal Covernment. Ile entirely concurred
in the general principle of the Bill, and not only was prepared to
effort: the tribute of Ids praise to the exertions of the Right Hon.
Gentleman ; but pledged himself to give all the assistance in his
power to render the measure as perect as possible.
Mr. PEEL could not but feel gratified at the mode in which his
measure bad been received by the House. There could exist no
great, r encouragement to a public man to undertake the execution
of a difficult object than such a reception as the present Bill bad
met with.
Alr. BROUGHAM fully concurred in.the principle of this Bill,
the object of which was to expunge useless Statutes from the Sta.
tate Book, and remove a flaw which existed lit that noble institu.
Lion, Trial by Jury. He fully agreed in the propriety of making
the proposed alteration in the mode of striking June* where the
Crown was a party concerned. It was a provision calculated to do
away with all the suspicion on a delicate subject, which might at
present exist. lie was certain that the present Alaster of the
. Crown Office would be the person best pleased with, Ste regulation;
indeed he had expressed himself to that effect. In common with
his lion. and Learned Friend, he returnld thanks to the Right
lion. (hentlentan opposite, (Mr. Peel) for the pains and trouble he
had taken in arranging the details of this important measure. Ile
trusted the proposed improvement would afford a lesson to those
persons who were too apt to think whatever existing regulations
subsisted, the best that could be possibly devised and entirti) inca-
pable of improvement.
The Speaker then left the Chair.
After a few verbal alterations bad been agreed to, the Bill passed
through the Committee.
The House then tesumed, and the Report was ordered to))e
brought up on Thursday.

JUDGF.S' SALARIES.
The CHANCELLOR of the EXCHEQUER, before moving
that the Report be brought up, wished to make a few observations
arising out of the discussion which had taken place the other even-
ing. On that occasion the retiring allowances to the Judges had
been &Undid to. It certainly appeared to him that there were
many circumstances connected with this question that required the
subject of these retiring pensiona to undergo some consideration.
By the proposal of allowing 6tlool. to be the salaries of Judges, he
thought that it would not be more than a sufficient inducement for
comparatively young men to accept df situations on the Bench—
not only younger men, but also men of eminence and talent in
their profeasion, which were certainly the deshlerrila In s in-
tended to administer justice. He had also thought ofperson what had
beets said concerning the translation of Judges from one post to
another. He certainly considered that it would not conduce to the
purity of the administration of justice, if promotion were to 'beheld
out to the Judges for certain services. Nothing in his opinion '
could possibly be more unconetitinional, and ought with the
greatest care to to shunned, but at the same rime he thought it
would be going too far to say that in no instance it should be com-
petent to the Government to take, if it thought proper, a course of
that kind. But at any rate he thought the salary of 60004 would
bee sufficient obstacle to any arrangement such is had been spoken
of being entered into. lie thought, however, that it would be
expedient to increase the retiring pension, and in consequence di-
minish the salary to a similar amount. The present retiring pen-
sion was 2,3001., to this he proposed to add 501.1/., which was to be
deducted from the salary. This, including the expenses the
Judges woe at on the Circuits, would reduce their net income to
about 50(104 This he did not think was too much to secure the
two important objects he had alluded to. At any rate he thought
it best not to run the risk of losing them by too low a salary,
which might at some future period oblige them to revise the sale-
ries, which he thought ought to be avoided. (Hear.)
Mr. SCARLET'(' thought, considering in how few instance
the retiring pension had been accepted, that it might be increased :
2.8001. after having enjoyed 6,0001. was too little, and there tumid
be very few found to retire on those terms. Ile remembered a bar-
rister who thought of retiring from the profession on account of his
infirmities, but whilst he was thinking of it he was offered a situa-
tion on the bench. in the Court of Exchequer, which he accepted,
and held for many years. In course of time he became blind of
one eye, and otherwise infirm, hut nevertheless he did not think of
retiring ; and the cause was, that the provision was nut adequate
to his necessities. He (Mr. Scarlett) therefore thought that the re-
tiring pension out to be 3,5001. lie submitted to the House what
must be the feelings of a man, who, after a long course of public
service, should be obliged to retire upon what wits insufficient to
support in some degree that elegance to which he had been accus-
tomed. Ile thought besides that some way might be found to make
them useful members of society even after their retirement. The
Privy Council was the Court of Appeal for the Colonies, and cases
I of great difficulty and moment often came before it, which he would.
venture to ray none but those practised in the administration of
justice could decide. Had the country some years ago availeu
themselves of the talents and proffiuntt knowledge of Sir William
Grant in the Privy Council, many cases, lie was sure, which had
there been improperly decided, would have met that justice which
they required. He himself (Mr. Scarlett) remembered bring in
the Privy Council, in a case with Sir S. Romilly, on which °cession
they heard seven appeals from the Colonies, which, in the opinions
of all the lawyers present, were improperly decider!. Now such
circumstances as these might be avoided it' the retir.d Judges were
made of the Privy Council, whose duty was lighter than that of
the Courts of Law, and in consequence might easily be performed
by them. The lion. and Learned Gentleman concluded by ex-
pressing a hope that an opportunity would be given to consider the
subject of the salaries in general.
The CHANCELLOR of the EXCHEQUER should not
oppose the further consideration of the question, nor object to the
recommitment- if that were necessary.
The SPEAKER said, that no increase could be made, al:bough
a decrease might, without its helve recommitted.
Alter a few words trim air. BROUGHAM, the Report was
brought up and read.
31r. BROUGHAM mil lie did not know whether this was the
proper stage for bringing on the minion of which he bad given no-
tice. His motion had nothing to do with the increase cr decrease
of the salaries proposed by the Right Honourable the Chancellor of
the Exchequer, and therefore it did not require that the Resolu-
tions should be recommitted ; but if it could be brought on in the
Conmiittee, he should have no oh jection to that course.
The CHANCELLOR of the EXCHEQUER understood that
the motion of the Hon. and Learned Gentleman was to be sonic
amendment as to the promotion of the Judges, and therefore, in
point of form, he thought it could not be brought on in the way
mentioned by the Hon. and Learned Gentleman, but that if at all
it must be now, and lie thought the lion. and Learned Gentleman
must have the precedence.
al r. BROCGIIA 31 said that the motion which he intended to
make was intended only as an introduction, or mere preamble, to
the Resolutions ; and that if his lion. and Learned Friend (31r.
Scarlett) should move to re-commit the Resolution as to the salary
oposed t 3 be given to the Lord Chief Justice of the Court of
,
Kings Bench, he (Mr. Brougham) might, lie considered, move
his amendment in that Committee. You might move anything in
the Committee. and qualify the Resolutions in any way you
pleased.
The CHANCELLOR of the EXCHEQUER said, if the lion.
and Learned Gentleman purposed that his motion should be as a
preamble to the Resolutions, he apprehended there was nothing
more required-to be done than to move in the commencement that
his amendment should be introduced in the present preamble after
the word " that."

Mr. BROUGHAM had no objection to state what he had to say
now ; the only difference was that lie should not have to wait till
ot•.e o'clock before he addressed the House.

The CHANCELLOR of the EXCIIEQUER then moved that
the Bill be read a second time.
Mr. BROUGHAM then rose and said that the motion which he
was about to make was not intended to impede the second reading
of the Bill, nor prevent his lion. and Learned Friend (31r.Scarlett)
from delivering his aentiments as he had expressed a wish to do.
On the contrary, it would be found that the motion which he W4ll
now going to make would open the whole discussion ; and this he
was de:sit:nu% of doing, because it had been agreed, that in order to
avoid a multiplicity of discussions, the whole question should be
brought forward at once. With regard to the objections which his
Hon. Laid Learned Friend (31r. Searlett) had made to the Resolu-
tions as they at present stood, lie begged to say that he perfectly
coincided with hint but with one exception; and, in differing as he
did io that single point, he did so with extreme caution. feeling
that the opinion* of his lion. and Learned Friend came reran-
mended by as long and extensive and varied a knowledge and ex-
perience in the profession of the ISW, as was professed by any man,
either in this House or out of it. The point on which he thus
differed war, with regard to the provisions for the Puisne Judges,
The Right Hon. Gentleman (the Chancellor of the Exchequer)
had indeed proposed to reduce that sum front fieloo/. to that of
&WU/. ; hitt the difference would still be roar 2,00d1. from what
they at present received. He could not help thinking that 2,0001.
was a ercet deal too much to be ridded, arid tnr the reasons that had
been given by his 800. and Learned Friend. Ile considered
s,:dto!. was more than ought to he provided. First, as lie load
sa'd. :or the reason given by his lion, and Learned Friend ; and,
secondfy, when lie consi.leieJ chat the sum provided for the Learned
leiti%ateal who filled tie race rut Lord Chief Justice was only
; a smo wholly disprtneirtioned to the addition proposed for
the Puisne Judges. The Chief Justice, by the present measure,
wotil,!;,ive up a great deal fur a small addition to his salary, while the
Puttee: dtalges were giving up nothing. ( Here the Lion. and
earned Gentleman. experiencing an interruption from some 3lem-
ber behind hit (Mr. Hume, we believe), who was speaking in
rather a Mod tone, he turned round and said, I beg my lion. Friend
would hot talk so lq td ; I fear 1 ant interrupting him.—(.l laugh.) 1
Ile was sure the Right lion. Gentleman (the Chancellor of the
Each( quer) would admit that there e u sgreat difference between
the l'inef Justice and the Puisne Juitges. The former should be
tilled by men of great legal learning, and superior talent; their
authority ought to be regarded, and their station being consider-
ably it,t)re dignified and important, their emolument ought also to
be higher. If, however. that effice should be liable to be filled by
an individual, either of inferior talents, inferior acquirements, and
inferior abilities ; or if he should at all fail to maintain that rank
in the eyes of the country, which his station well might give him,
he would not be able to keep that sway over the members of the
liar, or the business of the Court, which, in all matters of im-
portance, it was most essential they should do, and in matters of
minor interest it would be well for them altogether to possess. If,
instead of this, every Judge was to he allowed to speak at length
on all occasions—if, instead of having a Chief Justice, we were
to have time Puisne Judges, and the distinction of Chief being
merely that of sitting on a particulcr part of the Bench, then lie
would say, so long as such a system continued the country
would hays no Court fur the fair and due administration
of jusice. Every thing that tended to diminish the rank,
dignity, and Importance ot the Chief Justice, diminished ireo !unto
that sway and influence which in his opinion, for the good working
of the Court, it was necessary he should possess. Ile could not
help thinking that the Chief Justice's labours, which far exceeded
that of all the other Judges, merited a very considerable stun be-
paid the other Judges. Only look for instance at the labour of
the late land Elleithorough, who on one occasion went down to
Guildholl when there were no less than MB causes set down for
trial ; and to his immortal honour lie did infinite justice in them
all. The present Lord Chief Justice had a great portion of bold-
ness to dispose of; there was no comparison between the business
of the Court in the time of herd 31anafield and now ; then there
were ',ever Write titan 70 causes entered at once; but at the present
titre there were no less than 350 or 400 auaea in the paper. The
11:oment 'Fellows. over, the Puisne sludgca--of whom he begged to
speak with the highest respect, for more learned or more virtuous
incur never filled that Ake than st present ; he had known many of
them as brother Barristers, and he might now be permitted to sa,
that in many instances the office of Judge was never better filled;
nevertheless lie would observe that no sooner was Term over than
the Puisne Judge ceased to labour, while the Chief Justice con-
tinued to sit alone. The former gat from the tith of Nov. to the
21h1, and lie then had a long and pleasing recess to the 23d of
January.
__

A 111 EMBER here observed that they went to the Old Bailey
SoNions.

31r. BROUGHAM—And so did the Chief: the only difference
was, that the Chief Justices of the King's Bench and of the Com-
mon Pleas did not go on the Spring Circuit. An Hoo. Friend
reminded him that the Puisne Judges went on the Winter Circuit;
but he (Mr. Brougham) would merely observe, that the 't inter
Circuit was a new thing; it had not been in existence above two
years; and besides, it-ass only extended to the Home Circuit.
The Sprint Assists, he was observing, was not attended by either
the Chief Justice of the King's Bench or 01 the Common Pleas,

Jut rsi
rßribeillt4clbeYyt6St hediesCirtnChhiselsrerßpjar:Fbiceessindwdnenbrtyhtihtshe:tChilie:uriujitii and Its sli other
Chief Jurt!c~t the t)1,1
'lie 28th of November to the 23d of January alone, and that ti front ten in the morning tu half-past three in the eoenwm
r' cot
l'uisne Judges dad in term, but from nine o'clock to five,
ala's t"
often
Rix and seven in the evening. The business, it aliouldal:olne-
remembered, was at Nisi Prins. which au a considerably
et
hard-working and laborious business than what WWI tran. bursa
'Fenn time. It requir:d a constant and unwearied attention ted i -
that was proceeding ; an accurate taking down of the evide?cill
tainifdlicuoflttenantdintesabsttniheseJquudgesteionwaswictalh regard
called upon
toto decide srnr:e rely
the adm:uibility ,; f
testimony; then he had to expound the law to the Jury; besides
all
which there was a much greater degree of responsibility attaching I
the duties at Nisi Priva, which was what the venerable Bentham,
called the " single seat of Justice," in the summing up, a tabour
that vriC most laborious. He remembered Lord Ellenborongh,
one occasion, summing up no less than 16 or 17 causes. It its t'n the occasion, when that Noble and Learned Lord. fast desundirka into his grave, felt indignant at the great sneer of husineas • Court, came dos n and swept off no les% than 17 causes in onetoe
ing. It wu a sudden illumination, as it were, of that light which h.
had long sited over and around the lodgment seat,peeeeeneg is last
and eternal seat. This was the difference then between the duti
of the Chief Justice and the Pointer Judges. and no it Wu all the
(11:1;:u.ous;.ti.fijecIftii,htfirhianoracetu
tiyits.h:earfe.ooocf,rirwili.eiettsrhw3zthfsoll7nbecl:ontyy:itexitliesinice,e,s;:i:lloitflioplu.rsineueas,omotrhtiatothithitfewesphtCsitiae;ni.inefiwnAmieosetni:ri:4::riagifkjitthecgde..
a
nee of the King's Bench. It was, however, only onpaccoroposunedt of the
relative value that ought to be attached to that office that induced
him to consider 10,00 W. not too large a salary for the Lord Chief
to Ise
J wit ice of Englacieruinndt.hislily::::Treygbuardatbleitioelatuh.nedyproeter:tvoodaisnidontahamt
at
jhnuesobtriu:::::::t
inneatglietakritytline VthiecesUemhaannctel lit(whe idtultpiesPearreedrforton.iedli:iinani.tidthiblattutt:,wth
taT:sierrte,esni_ll.elaeh::ete
itw,easirwesntvijiiai.yvhcohitttets.sidauerilighatbtilletillawatlitititoiccihnetcwhomearseaddbes:irruci
ee
td-illiannotet IPTloracwtiacse
to the office of a Judge that he should decide cases. Now, the
Vice-Chancellor did nothing else but decide cases. Nay, so earnest
e discharge
trs:hesnPelliih;iposs m gia in t'in'h;
s, he aught oollant)y erne dr°bewot hf"iins hishd itushtbltd't
Court,t'(l)u‘;aanrtbthudwet hlh(i atis whole
tend Brougham)
enP: it'
did he come at eleven o'clock, and go away at two, but after did
from ten to three and tour, thinking that a Judge ought to (leacle,
and not to doubt; he heard and determined almost at the a e
iostant. Ile (.Jr. Brougham) did not blame this course, fir i.e
knew there were some persons who would rather have their c .usts
decided hastily than not at all. (Hear, hear.) Such was the
labour of the Vice-Chancellor ; and yet he was only to have.; el ar.
when the Puisne Judges were to have that sum. This was by
no means a fair proportion; the Vice-Chancellor ranked rest
after the Chief Justice of the Common Picas, who was to
have 11,000/. and the Muter of the Rolls vas to have 7,001./.
although in that Court, since the time of the great Sir Wm. Gnat.
there had been scarcely any thing done. The scale propcscd by
the Resolutions was clearly wrorg, and ought to be aniercit•:.
As to the Puisne Judges, he hoped he might say, witEcut
the least invidious *Hutson, that if they were to have 5,000/. t
and truly paid into their hands, they would be fully paid. i hcar)
Ile eared not what construction was put upon his conduct. tether,
well assured that he could have no personal motive for reduc irg
the provision of a Puisne Judge, but he did conceiv: 5,5114.11. to
be much too large a aunt to be paid to them. As to the fi uOOl,
it was enormous; there was not a Judge in Westninver Hall
who did not consider it so, and who in the mowing, when they
heard of it, were put into a state of fitment, and exclaimed,
•• What is it? 6,000/. a year ! Why, the Speaker of the House of
Commons, the first commoner of the realm, he whose nfiee was
attended with a great deal of labour and expense (hear, hear),
why he only had 6.0140!. a year. Then there was the Secretary of
State for the Home Department, who had to give Cabinet dinnen,
keep Messengers, and a great eetablishment t i keep up, and the.
dignity of a 3linister of State to maintain, his salary was only
6,0001 , and no house; and be really must say that his office
was no 'sinecure, for lie had to listen to the alinisters of the
Holy Allies. which lie thought was the worst part of the office.
He had to hear their compla ma against the liberty of the press.
and to listen to their solicitations for its suppression : then he had
to say something, which after all was nothing to sati fy them that
the thing could not be done (a laugh) ; and then he had to write as
many despatches as would till a ream of paper, and then only_ halt'
his outy was performed, for he had to come down to this House
and attend the debases hoe first to last; whereas, the Puisne
Judges had only u sit a few hours in the morning, and to hear
lour sel, and grant them their Motions ; the Hight Honourable
Secretary had a few Counsel also to hear, though he did not al.
ways grant them their motions so readily as the Puisne Judges
did ; yet he bore with them with as exemplary a patience as any
Puisne Judge ever did (much la tighter), and yet for all this he
was only to have 6,000 L a year, and Puisne Judges 5,500/. a year,
which was bringing their offices much too near together. He
therefore thought 5,0001. a tear was quite sufficient, and his
Honourable and Learned friend (Mr. Searlett) aid himself
wou:d take all the odium upon themselves to propose that
that should be the tutu to be paid to them. They would aban.
don all hopes of ever having the 5,5001. in reversion. His Hon.
and learned Friend should move, and he would second the mo-
tion, and thus take the whole of the burthen upon themselves
Mr. SCA RLErf.—l shall not move it.
Mr. BROUGHAM said he was afaid his Honourable and
Learned Friend's objections to the Report bad &Ilene': but if
his Honourable Friend would rot move it, he himself would.
It had been said that the provision would rot be en .ugh
to induce men of talent to accept of the situation of Pui me Judge.
This, reminded him of what a wily friend of his hail said on a si-
milar occasion .• he observed—it was a very different thing to ask a
friend whether lie would have a dram when it was on the table, or
whether he should send into the cellar for it. (Laughter.) Ile
thought that 5,000!. a-year, with a good retiring salary, was quite
enough to command all the talent at the Bar, lie now cane
to that principal part of his motion, which was as to the trans-
tattoo of the Puisne Jutiges to Chicfships. His motion
was only to have that part of his late alajesty't spetca,
in which he spoke of the independence of the Judges being most
conducive to the due admithatration of justice, carried into full
effect. That King had steured the continuance of the office el
the Judge, notwithstanding the demise of the Crown; but in his
(31r. Brougham's) opinion, this was not sufficient to secure their
independence. lie thought that the translation of Judges was very
prejudicial, and was likely to have a similar effect upon their minds,
as it was said, bat no doubt very unjustly of another profession,
the like circumstance had upon them; that was to make them
look towards their maker—that was to those who made them
Bishops ; and so in the present case it would make the Puisne
Judges; look towards those who made them Judges. He (lid n.t
mean to speak against the Judges of the Common Law as being
guilty of any bias • he concaved no one ought to speak against
thtm at all, unless he tale charge to briretieainst them. lint he
would not say that he had nut observe( souse tl effics produc,tl by
this practice of promoting Puisne Judges; he could not help saying
that it was therefore not qui e satistactory to be told Ju:fg,, were
not biassed ; all these Lamed men might have (lea. rat ds ia.i.er-
violt to the temptations held out, but the tendency of the practice
existed. Every time a Puisne Judge, as an honest and conscier-
tious man in causes between thetrown d the subject. should give
his decision against the subject, he was liable to have it whieyered
by one. hinted at by another, spoken by a OW, and publish:d in
the newspaper, by a fourth, that 31r. Justice Sitch.a.o.nne
gave that decision because the Lord Chief Justice was very ill.
f they wished therefore to preserve the purity of the J edges. o,:y
would put it beyond the possibility of their having any bias rein
to one party or tha other. Great as the objectioo 'Mph b: to the
closing the avenue to the Chiefship from the Puisne 3 it,
between the two evils of conatant translation and note at aa, he
would make his election for the latter. There had b:en calms than
seven translations within the last thirteen years. Mr. Justice
Gibbs was tussle first from Attorney-General to a Justice of the
Common Pleat, then Chief Baron, and afterward. Chief of
the Common Pleas. 31r. Baron Thompson was made Baron front
being 3last r in Chimeery, which, by...he-bye, was an instance that
there was no difficulty io finding persons who would accept the office
of Puisne Judge; for although a Master iat Chancery wr s better
office thanßaron of the Exchequer, yet 31 r. BarooThononen d.d rot
refute giving up the tbrmer foe the latter. l'he next instance
was Mr. Baron Richards, who was made from a Puisne Baron to •
Chief: and then came Chief-Justice Abbott, Chief Justice Dallas,
and Chief Justice Best, all of whom but been prometed hem
Puisne Judges. This would not do as long as man was man, n r
the Learned Judges to be thus exposed to these temptatien:, to tic
blamed ; although they might be perfectly upright and virtaae:,
yet they wererendered liable to suspicion, and it was a well gr••e7ti
suspicion. for it was founded in the knowledge of llama)
He should therefore conclude by moving, that all the wen', ..• ••-•
preamble of the present 11111, after the wit 11 ."rl,.it.- , !,,!!
and the tollowing words introduced :—" here). it is
secure the independence of the Judges by an adc,:a.t..• • ,
whereas it is inexoedient for securing that indepenth: • • •
Puisne Judges to the office. of Chief Baron of the he I
Justice of the Common fleas, Chief Justice of the 4', lie Leh,
Vice Chancellor, Nloster of the Rolls, or Lord Cll.l-:,lloi."
The A TTO N EV-GENERA I: said he shout:! co:.11.-e
principally to the latter part of the motion which hal In -I, es.ee I v
his lion. and Learned Friend; and really, after Inc best c..: sarat " • ••
be could give the sobject, he thought it extrenieh ma :se a. a •
expettierit to adopt the motion ; it did not appear trout tii. T
of past times, or the present 'age, that there te..s t!_e
grounds for adopting it. If such a principle wcr: to be Ii
ought to be by some legislative measure. His I a,d
Learned Friend had alluded to the number of inst.mce:
occurred within the last thirteen
_years, of Puisne Judo. s eon.
been prumoted ; but if his Hon. intend would anal% se :I.t :.,e:5
r eat
examine the circumatanceekhe (the A ttorney4 i chetah aa •lee ct,ry
one of those cases would he justified. The lion. a: cl
Attorney-General then adverted to the case of the prime,.
the present Lord Chief Justice Abbot, and said that the .1..
the then Attorney -General, and the youth of the Solicitor-6,10 r.(.:
mmi:(l, e
advertedietped tioentthteo
otheru evt
c3alsre...JmusentiUtionAedbbhoyt t
toini
et huatt,neuaz
it a„i
Learned !Umber for Winchelsea, and explained the circiiinstancis
attending them. After alluding to the cases of Lord Coke, hot,:
Hanlwicke, lord Camden, and Lord King. all of whom *ere pro-
moted front one seat on the Bench to a higher,
the 'tomtit...tile
sad Learned Gentleman contended, that in order to be con.
shunt.. the motion should have provided against the rstva!'"•
mem of either of the Chiefs to that of the Chan:,thos:ae•
Although from peculiar circumstances there bad by:a maoy

.~-~'

r4;4lt • Judr•oes recently promoted, vet it was not • new principle
tip hsd prevailed, for the principle was recognised at all times.
rifle House were to act upon theprinciple recommended by his
ion. and Learned Friend great inconvenience would be felt,
Doi only by the profession but by the public. Lod Ken-
!, upon such a principle, would never have been Chief
:ono, (or he had been Chief Justice of Chester for some time
greets to his advancement to the Court of Kung's Bench.
it ought to be left to the discretion of the Crown. to whom
yap heed as a prerogative, to say when such pmmoioo should or
,ratld •
mt take place. Unless therefore his Hon. and Learned
11-
• oul could show that some improper promotion had taken place,
.g principle proposed by him ought not to be adopted ; and he
000,d object to it, as being highly inexpedient and unconstitutional.
Th/ beamed Gentleman then argued that the Resolution was an
ieringement of the prerogative, and without feeling called upon to
recruit° the question of whether the salaries were too much or too
oie, he Must protest against any attempt to enter such a Rem.
ii.an into the preamble of the Bill, as unjust, inexpedient, and
omtitu t lona I.
Mr. SCARLETT, after pointing out some incomistencim in the
,faccit of his Learned Friend (the Attorney-General). asked if his
lamed Friend was aware of the consequence of pointing out in-
dividual instances. He (Mr. Searlett) did not like much to refer
otadividua/s in argument* of this nature, but he would ask his
gin. Friend if he recollected that Mr. Baron ()arrow, a man of
;',actwiedged eloquence, and great legal knowledge, was passed
vet three times while fee held the office of Attorney-General,
that after seeing two Chief Barons and one Chief Justice
the Common Pleas raised over his head, while he retained
eat office, lie was compelled at last to accept the situation
of a Puisne Judge. Had therefore .Mr. Baron tiarrow refused
to accept the office, there might have been something in his
beamed Friend's argument ; but when he proved by his acceptance
of the officeof' Puisne Judge, that the others had not been offered,
it thought his Learned Friend should have proved before he
brought in so many individual instances for the purpose of obtain-
;,F a temporaty triumph over him. There was, and lie could
r.: it from history, a very great riiirerence between a Chief
J otice accepting the office of Chancellor, and a Puisne Judge
ton:ether anointment of Chief Joyner. Lord Hardwick was he
very u swilling to accept the Chancellorship—because
cmolemen should recollect that the Chancellor was a temporary
officer, and that it was not then as in modern times, when a man
rsuld calculate upon holding his office for a quarter or half a
rorturY. Lord Ejenborough too, it was well known, refused the
~trte of Chancellor, to did Lord Mansfield, and Lord Camden was
elf.' great difficulty persuaded ro accept it. Sir James Mansfield
ys not well rattlsfied with the change, and indeed it might be laid
down as a rule, that the Chief Justiceahip was considered a better
office, unless his Learned Friend could get • Joint Stock Com-
ps/ who would insure to any holder of the office of Chem-el-
k...that he was to keep his place for 25 years. Ilia Learned
Friend (Mr. Brougham) did not wish to take away from the Crown
the power to exercise the prerogative; he only wished that the
;moulds tor any departure from the general role might be known—
sad that sufficient reasons should be shown for the selection of
moons who had been admitted in modern times, too often as ex-
ceptions to that rule.
Alt. Secretary CA N N I:VG—Although, Sir. Honor feel myself so
empetent to pronounce an opinion upon this question as some of
the Learned Gentlemen who have favoured us with their senti-
ments: yet takirg into consideration all that I have head to-
night. I must say that I find in the speeches and arguments of the
tee Learned Counsel, and in the detailed discussion upon this
measure, a reason which I am sure must prevent every individual
woo heard them from consenting to adopt the Resolution, which it
is proposed should form a Preamble to the Bill. If it is fit, Sir,
that no discretion should be vested ii the Crown, with regard to
the appointment of the Judges, let an Act be passed by the
Legislature, and let it be made impentive upon the Crown to ap-
point only persons such situations as may be named by that Act,
sod under such reterictions as Parliament may think proper to im-
pose. But if it is fit that the Crown should still retain that discre.
ton in the appointment of the Judges, which I think for the
eitient administration of justice it should retain, why then, Sir, I
think it should be left unfettered by any restrictions, subject
only to question on the proof of a Wows abuse of its poser
of selection ; but not liable to re-examination or correction
without just ground of complaint, and certaioly not subject to a
Resolution like the one now sought to be introduced into the pre-
amble of this Bill, which neither perfectly points out the course to
be pursued, nor leaves the Crown the tree exercise of its right of
sppo n'ment ; but by a kind of side-long hint, as I would call it,
throws out a pretence to bring the appointment of the Judges tinder
fie cognisance of the Haase of Commons, and to make that House
share with the Crown the duty of selecting those who may be
tho,ght tit 'co hold such offices. For, Sir, it is not alone that
Judges should be independent of the Crown, they should to be in.
dependent of popular favour; and I think nothing would be more
lv to produce a bias of that kind than the knowledge that their
solo ntment was to be revised by the repr.,entatives of the
pop'e. I will illustrate what 1 feel upon this question by a refer.
cote to a case which. though somewhat (I,trerent in its ElitUre, tX•
titbits very stronfey the principle I would mnintain. In the de-
brit uro t the Reg ncy Bill in the year 11110, it was thought it
vas thought it would be granting too much power to a person about
to be invested with only a temporary authority, as it was then
trough[, if the Pr:1141 Brunt was to have the power of making as
luny Peers se he thought proper during the time of him Re-
gency, and it was therefore proposed by sonic persons that the
power should be limited to the selection only of persons of acknow.
lodged merit. There w.n not a man in the House who did not see
that whatever way might be wren:, that was not the right, and that
by giving the House Commons a right to discuss the question of
r.O or wrong, they were getting beyond the latitude which strictly
lelmged to *Lem ; that they sere making the (louse and the coon-
try parties in the elevation of persons to the Peerage, and that they
were making the House assume it as a right, almost as a duty, to
taamine smctly into the merits and character of those idiom the
Crown might think fit to raise to that honour, and tome that it con-
ittif strictly to the botottiaries of its limitation. L therefore,
stout pronouncing whether the power vested in the Crown of sp.
pinning the Judges accord ng to its pleasure, be restrain d or nos,
hut with a s'rong opinion that it ought not to be restrained, think
tut the authority of both the Crown and this House should not
etist together. But if the power of the Crown is to be taken away,
t: should be done by law. by an express Act of Parliament ; and if
that power is to be retained, and that discretion which it has hitherto
lad is still to be exercised, it should be left wholly subject to the
usual responsibility, but not left subject as this preamble would
love it, to be called in question on every occasion, and to the con-
topterce of having every promotion or appointment made a matter
of canvas, and discussion in the House or Commons.
Lord ALTHORP contended that the resolution was, in itself,
the ground My an Act of Parliament; and that if it was thought
proper to take from the Crown the privilege of nominating, the
isolation would form famed The first proceeding..
Mr. Secretary PEEL thought that his Right Honourable
Friend's idea of a sidelong point was a complete answer to the
Noble laed's argument. The Right Honourable Gentleman then
observed, that bethought the Honourable Member for Peterbo.
rough had completely failed in fastening inconais:ency upon Ilia
Learned Friend (the Attorney-General), and that the only case he
seemed to rely upon was, that 31r. Baron (farrow bad not been ap-
pointed to • higher office. Peculiar reasons might, Rs his Hight
Honourable Friend (the Chancellor of the Excitelure) had said
before. prevent certain appointments. Sir Samuel Shepherd, whose
tee hau been mentioned, would undoubtedly have been appointed
La from his deafness; and it should be recollected that Sir Robert
fr frord was a very young man. They might it' they pleased cull
visa the House to take away from the Crown a power which they
c:;glit suppose themselves able to prose as having been absurd, but
b' expected then not to adopt a middle comae which would hexe-
d' er give the House of Cotnnions a power to question every sp.
po..ntment which might be made ufion the best consideration.
M-. HUME said there was one instance of the exercise of
Mx power, which every man in the country deprecated as dis-
graodul.

Mr. Sergeant ONSLOW r•id tlra as the Honourable Gentleman
a:'lded he supposed to 1.0 d thkt Jmeice Bev he must sly oat
:-.rdd not sptak the opinion of the Bar, for he ma+ to 'shit:red
",'at body as a I.e.arned Llwyer, and L'olly disci %unshed

:":'c.

M,.Dgitinaw contended that it was neez..aey ts take mensurf
s
"I'l'..irentitis the appointment of improper Judges, beauxthi re
not been one instance for 150 years, where a judge had h,en
-f•ced for misconduct; and that, even very livery. when a
It kh Judge, even upon his own oath, was guilty of highly
:7C7 conduct, the Government had not taken any steps to remove
The. Learned' Gentleman thcn alladed to the late appoint-
' of Leed Chief Justice Abbott, and observed that the whole
looked to Mr. Sergeant Lens a. the person who should
obfained that situation. In the last thir:ccn years seven
• .`.root Judges had been raised to higher situations, and he
7. • it tctie that some measure should be adopted to put an end
• :t sfa•e of hope and fear in which they were at present retained
the knowleee of such preferments.
M-. U. W. %V NN was of epiniun that the a-gument of their
g nn n moral Mdiidges for so many years, sties ed not that the
roment was negligicit, but that the Judges were pure. unless
Tr"Arned enolil cite some cases where lin fist praetices
iin left unpunished. As to the case of the Vl'ilah Judge.
!Xnrick, he thonght it only amounted to this, that he had
• .a untortmate prosecutor ; not that he had clone any thing in
or judicial rapacity which deserved removal ; the
di:rehire had not been guilty of any negligence with regard
a dottier. If the objeeti a implied to the pen notion cf
s v lud.,es to theatat ion of Uli ief J udges, the same objection would
prmnitlon of Puisne Judges ro the office ot Lint Cnan
-• The Him. Gentleman (Mr. P.) ihould be able to proee that
practice prevailed the conduct of the Pui.ce Judges toad
, flagitious as to require the interference of the House of
• •!.s. The Learned Gentleman was called upon to make out
• • :,•• . but he bud neglected so to do. No one more cordially
' • d e praise bestowed by an flon. and Learaed ti,mtlenisn
on Mr. Sergeant Lens than he (Mr. Wynn) did.
the lion. and Learned Gent:eman was in error, how.
-• r Mr. sergeant Lens had been offered the Chief Justiceship
•or. had refused it in tairotecitienre of ill health.
l• :,:N 21,1 N explained. When the office which he had al.
• a A i'scant, Mr. Sergeant Lens was in good health, and
• •wits to reject the situation. lle might have accepted
•' • *r. or the office of Solieitor.General, with-tut any atom:
aJ. with whom he had attached himself, or the political
%Inch he held.
.• INN said he had never meant to convey that Mr.
, • Lou hid refused any official situation, because it was
• • • •!) ,he profession of peculiar political opinions.
ifff WGIIAM said he chanced to know that the Individual
• •1 li 1.1 deemed the situation Wired to him connected with
. therefore declined it.

DRURY-LAVE THEATRE.
WHITSUN.EVE.

This Finning, CATCROW,iaii:7:i.l.tMier the direTtlon of Mr. IL
It. lllbilmo. who will preside at the organ and Piano Fyne. a GRAND
and Pi.PI ll. Alt SELECTION of MUSI(', from the Works of Handel.
Itavdn, Mozart. Itrissial. Weber, es. 7. ; including Itandel's Grand Coro-
nation Anthem—a Selection from The Messiah—the Marsh In Judas
Mace:Owns—a Grand Scene from Israel ht Egypt—the Overture to
Der Fre:whine—Mozart's Mnttettn—•a Selection from Weber's Precimul
_winter,. Grind Battle shifonla—a Concerto on the Trumpet, by Mr.
Norton—the Finperor Alexander's favourite March, with Variations.
on the grand Piano Forte, by Mr. Moecheles, &c. Om
Principal Vocal Performers :—Madame Pasta; Misses Stephens.
Cooke. and Lore: a young Lady her first appearance In
public): nod Madame Caradori; Messrs. Bratiam, Horn, Bedford,
Holiltison, i inney, and Bellamy I and Master Edmonds.

COVENT-GARDEN THEATRE.'
On MONDAY Evening. May 23. will be performed
JULIUS C.V.NAR.
Bruton, Mr. Young; Cassius, Mr. Cooper; liareAntony, Mr.C.Sernble.
After which.
AND THE PR ON OF WANTLEY I
MORE OF MORE MALI..
Harlequin, Mr. Ellnr :.P.inttionn.Mr. Haynes: Clown, Mr. J. S. Or:.

I'.Aumbiue. Romer.

11.1Y3IARKEf THE.:ITRE,

On MOND 1V Evening. May 23, will be performed
AS YOU LIKE IT.
Jaques. Mr. Mode (hla tint appearance at this Theatre): Orlando,
Mr. in 1,1 en,, Mr. Williams: Touchstone, Mr. Powten. ROY-
Madame Vestris: l'eha, Miss (Icon.; Audrey. Mrs. ibinTbj•
After which the IN-aural Flatlet of
LOVE ANTI M A [INJECT:.
To conciwie with THE MAYOR OE GARR ATT.
Major Sturgeon, Mr. Dow t..si Jerry sneak, Mr. S. Bennett.