The Sun.
London, England, 1806-03-04 00:00:00

Judge purel e`meept. the aster' of the Rolls
perhaps-. The Lerd Chancellor was certainly a.
criminal Judge in many instances, particularly in the
Steward's Court, in cases of murder. The lice.
Gentleman took the authority partially, and pared,
it down to the present case. Blackstone's authority
had been overstrained on this point; but he begged
leave to-demur to Blackstone ,as a questionable au-
thority on constitutional points, and this he cud on.
the groundof his asserting, that the close of the
Reign ~of Charles H. after the establishment of
the Habeas Corpus A& was an sera at which the
British Constitution was the most perfeet. It was
the praCtice since the Revolution to make all the
Chief Judges Privy Councillors; and therefore to
render them. liable to be called on for their advice.
It was ridiculous to suppose that Lord Mansfield's
being in the-Cabinet
,could have remained unknown
till he declared it in 1775, and he could not believe
Lord Shelburne used the language imputed to him,
for it was nonsense: To say the Noble Lord could
not be constitntionally a Member of the Cabinet be-
cause he may have to execute what he had ad-
vised, was rank nonsense. For if that were
an obje&ion it applied to every. Member of the
Cabinet, for all had' to execute what they had
advised. He hoped the- Honourable Gentlemen
would spew fair play to Lord Chatham, and other
Noble and distinguished Persons ' • and as they would
think him (Mr. Fox) to blame for advising the ap-
pointment of Lard Ellenborough if he thought it
wrong, so they would do Lord Chatham the justice,
to think he would not sit in a Cabinet with Lord
Mansfield, if lie thought there was any constitu-
tional obje&ion. .But the Statesmen of that time.
wanted the lights of the Hon. Gentleman opposite.
What .a pity it was the Hon. Gentleman who brought
forward that Motion was not born twenty years
sooner. He then might have said to. Lord Chatham,
and, those other disinguished persons; " what a
parcel of old fools you are ! you know nothing of
'the Constitution, listen to inc !" He never knew
cases of libel to be debited in- the Cabinet. The
Secretary of State took them up, and referred them
to-the Attorney-General. Treason was a more se,
rious case, and he should hardly have thought that
the proceedings of the Council and the Judges had
been so mixed in the case of the Rebel Lords, if his
Noble Friend had not -particularly. stated it. The
objeaion to the Chief Justice( being in the Cabinet,
lest he should prefer the- accusation where ,he was
afterwards to be judge, Might as weld apply to the
Chief Justice granting an information: Supposing
that doubtful points of law should come-to be con-
.sidered, the Chief JUstice may be absent; but what
reason was there why he might not give his advice
on matters of , foreign or domestic politics.—No ;
this-must not be done, lest the Chief Justice should
become a Politician. He concurred that every Privy
Councillor was bound to give his advice. But if he
was not alloWed to give it either on matter of law or
matter of politics. it was like Sancho's Government
dinner in Don Quixote, where an excellent dinner
was served up; but when'Sancho proposed to touch
any of the dishes, he was told, " no, you must not
touch that." With respect to the Regency, Chief
Justice Parker did not ad at once as Chief Justice
and- a Member of the Council of Regency, because
Queen Anne died in Vacation, and George I, arrived
before Term commenced. The Legislature was.
very wise to have foreseen that this would haVe so
happened. If. Dr. Aatclifie had preserved the
Queen's life a little longer, the Constitution would '
have been ruined. But in the AEt of the. present
King, the Prince of-Wales was but two years old,.
and thus, if the King had died, the Chief Justice
might have been a Member of the Cooncil of
gency for near 16 years. After several more argu-!
ments of this nature, and the adducing of many
historical proofs, he concluded by observing, that
nothing could be urged against the appointment but
abstract ideas without proof or foundation.
Lord CASTLE REAGH paid' due deference to, piece. •
dents, but he could not allow that they ought. to be
acted on contrary to reason.
Mr. PERCIVAL supported thit original Motion*
and entered into a variety of arguments to prove the.
ineonsistency aLd danger of the Offices of Judge and
Cabinet IMinister being united; but the great length
of the preceding part of the Debate preventS us, from
entering even into a description of ins Speech.
Mr. SHERIDAN briefly replied to Mr. PerciVal.
The Opposition, ,he observed, hid been already coin-,
menced, but he cared not about it, and would be
sorry, indeed, if there was none, as he had the
greatest affeCtion for. the old benches, end ceuidnot
bear to see them deserted. He hoped the newsop-.
position would be vigilant, and even wished•that they
might be over zealous, or any thing but over lit-nerous.,
it was necessary that they should be active and stir.
about, as the seats were cold, and one of the new
occupiers had lately lost a very comfortable naval'
cloak, and the other a very fine Indian shawl. He.
then concluded by pronouncing an eulogium on the
Gentlemen at the other side, who, he said, had corn-
mewed their opposition with much spirit and ani-
mation.

Mr. WILBERFQRCE made a long speech in favour
of the Motion. '

The question was,then impatiently called for, and
the House divided :

For the Amendment, 22.2; against it, 64.—Ma..
jority fur the Minister, 158. Adjoutned.

THE decision of last night in both Houses of Parliament,
respeaing the introdudion of the Chief Justice of the King's
Bench to a seat in the Cabinet, fully confirms the opinion we
yesterday ventured to hive upon the subject.- In the early
periods of our History it was the, Fradice to appoint the
Chief Justice of the King's Bench oPrivy Counsellor, and
there was no attempt, at the Revolution, to alter that
pradice. If such a pradice were held to be legal and con.
stitutional before the Judges were made independent, it cer-
tainly cannot- be'considered as olijedionable when they are
less at the mercy of the Crown, and are co-,sequently lees
restrained in opinions and conduct upon whatever questions
may be submitted to them in their capacity of Privy Coun-
sellors. The Cabinet, as we Yesterday observi.d, is merely
a Committee of the Privy C.ouncil ; and if a Chief Justice
may be one of the general body, he surely may, upon the
same ground, be a Member of a particular Committee
branching out from.that body.

We yesterday mentioned the arrival of the P(lucess Char-
lotte Packet at Falmouth, from the West Indits., Previous
to her sailing, Ad►i►jral DUCKANORTH had arrived at Saint
Kitt's, but uo --French Squadion hid appeared in those Seas.
Ad►hiral Coc iiitA NE was cru►zing off Nlartmico.

LONDON : Printed by R., HARRIS (of Martlett-court,
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