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

LORD ELt,ENBOROUCH.

Mr. SPENCERST4NHOPE, in pursuance of
his notice, rose to submit IA Motion.to the House.
Though he had long had the honour ofa seat in that
House, he had never before felt himself in a Situation
to which his abilities were so inadequate. If he.
were to have been gtuated. by. motives of opposition.
to the present Administration, he should not -have.
thought of bringing forward the present Motion.
He could appeal to the testimony of the Right Hon.,
Gentleman opposite (Mr. Secretary Fox) whether.
he had not communicated to him his intention. of
bringing it forward before he had mentioned it in the
House. He could solemnly disclaim any disposition.
to throw any impediment in the way of .Govern-.
ment by the course he was.about to pursue. It SO
happened, however, that a similar Motion to the one
he proposed to make was to be brought fOrward this
day in another place (the House of Lords) •-; but he,
could assure the House, that he did not a 6 in concert
with the Noble Lord who was to originate the bu-
siness there. The only
.concert he liad with that
Noble Earl, arose from the coincidence of, the day
on which their respe&ive Motions were to be. made.
—lf his opinion were to have any weight in that
closet to which it can by no other means penetrate
than by being expressed in that House ; and if he
were to be put upon declaring that opinion, whether
he would advise the revival of all that had‘been done-
within the last few weeks, and the reinstatement of
the Government as it was previous to that period, he
would disadvise any such proceeding. Party was in-
cident to every free Government, and whatever might
be the exemption of any individual from the feelings
that, belong to it, any measure might be attributed or
wrested to party purposes. This was the imperfeCtiO'n,
of all free Governments. He had begged leave id ex-
plain the motives which influenced his own condu& in
this odd way. And he sliould take this opportunity of
giving a little advice to, the Right Hon. Gentleman
opposite. If he could not divest himself Of thOse
princißles and feelings which he possessed as head of
a party when called to the Government of the Conn,
try; if he could not admire, and admire with a view
to imitate that noble declaration of the famous Louis
XII. of France, that the resentments of the Duke
of Orleans did not become the King of Fiance,
he would not have much reason to be satisfied with
the success of his measures. If the Right Ho-
. nourable Gentleman still retained the sentiments he
formerlya&ed upon, he couldassurehim that his Ad-
ministration would neither be honourable to himself,
nor beneficial to his Country ; he should go further,
and add, that it would not be of long duration. The
Motion he meant to submit to the House in this in 7
stance, he would have made under any Administra-
tion. If Lord Kenyon had been introduced. into the
Cabinet by the Administration of his day, he was
sure, from some opinions he had heard the Right
Hon. Gentleman advance, that he would have (.?p,
posed 'such a proceeding ; and for his own part, he
could with sincerity say, that, in that opposition he
should have been happy to support him. He was
not unfriendly to the present Administration ; but
the question to which he 'was to call the attention
of the House was exceedingly interesting to the
Country, and had excited a strong sensation every
where. He would have been glad that the. Noble
and Learned Lord to- whom his Motion rekrred
had saved him the pain of making it, by with-
, drawing himself from the situation in which be
had been placed, and he was sure that the' Ad-
ministration would be much strengthed by his so
doing.. He trusted he should prove to the House,
that the Noble Lord ought not to occupy such a
place ; but if the .talents of the Right Honourable
Gentleman opposite should prevail against him, he
Should have the consolation of affording them an op-
portunity of satisfying the House and the Public on
a subjeft which bad given rise to so much anxiety.
The Hon. Member here moved, that the King's
Speech of the 3d of March, 1761, should be, read,
from the 28th vol. of the Journals, p. 1094.
" The, Speech stated the grant.of new Commis-
sions to the Judges, and the appointment of per-
manent salaries for them,' their Commissions having
been already rendered irrevocable by an A 6,1 of his
glorious predecessor King William ; for His Ma-
jesty looked upon the independence and upright,
ness of the Judges_as essential to the impartial ad-
ministration ofjustice, as one-of the best securities of
the rights and liberties of his' Subjects, and as the
most conducive to the honour of the Cro-wn."
Upon this speech an A& of Parliament had been
passed,' and open this A& he should take his stand.
• (The.. 461, was- here, at the desire 4 the' Hon. Alm-
14r, entered as read.)—The title of the. A& was, A
hill for securing the Independence of the-Judges, by
providi9l- for Limn painanent salaries. He looked

Upon it as a breach ef to apeeint any Judge
of common law to any office cif emolument or pow(
or which ivas air objea 'ef honourable ambitie
from which he might be remoseable at pleasure.,
Such an appointment counteracted the very princi-
ple of this 13i11j as it tended tO do away that inde-
pendence which the- Bill was designed to. secure:
lyad heard it urged, that it would be a
limitation Majesty's
settof
be could not appoint any individual he pleased of
his Privy Council to a seat in his Cabinet. It was
also said, that as every Member of the Privy Coun-
cil was"bound by oath to give his advice to His Mas
testy, there was nothing- inconsistent or improper
in such an one :being appointed to the Cabinet..-3
Notwithstanding this; however, he thought that a
Judge ought to be the last man to accept of such an
appointment. This was the principle that gOverned
his opinionon the subjecl, and he did not: envy the
feelings of those Gentlemen who entertained a dif-
ferent opinion. As to what might- be said with(
respect to the circumstances 'of there being no -
salary annexed to the appointment, he was sure
that could; have little weight, as pecuniary emolu-
ment could not be supposed to have any influence on
honourable minds, compared with that of high office
and dignified station. He (-Quid put it to the Right
Gentleman himself, whether he would prefer
the distinguished situation he held amongst the first
advisers of His Majesty,
,to ten times the salary an-
nexectto it ? He did not mean to propose any limi-
tation to the King's prerogative, when he could.
not approve of the appointment of a person to the
,Cabinet' whom he 7laked upon as -disqualified,
particularly as to the, judiCial duty that he Would
have to execute in that situation. No such Of-
ficer', ought to be appointed an - lnbituaL'a&l
wiser of His AlajeSty. It was, contradictory to law.
and common sense that the same Person should hei;
judge and accuser, and yet a Chief Justice who had ,
a seat in the Cabinet would often direa• prosecu-
tions in that- capacity,, over which -prosecutions he-
would afterwards
,sit :as jage. It might be eaid,.'
.that whenever such questions Came under discussion,
he might axithAiSv from the Cabinet, Undoubtedly
he Might, but hoes was it to' be" known that he did,
ayithdraw,? How was the culprit to know of his-
withdrawing ? And -if he did withdraw, would not
the partners of thefirth still remain I "Would not
the influence of the same feelings still, gtuate them?'
He had not used the word partners hastily. In the
case of a prosecution by'an', associated company, it
*ad by a good,-giaind- challenge, against one of thee
Jurymen, that he was, one of the prosecuting firm.
'And hew could a man, with consistency; be alloWed
to sit as judge, who was by law disqualified for.en-
tering the j'ary boi ? He held it, that a- Judge un,
der such circumstances could not be \free frOM bias.
If it had happened during. Many of transee.iona
which bad.taken place of late years, that the Chief
Justice had possessed a seat int he Cabinet, hewas sure
that conSiderable censure would have been incurred.
But it was said that a-Chief Justice was different
from other Members of the Cabinet. He might in-
cur censure as a Cabinet adviser, but hOld his com-
mission quamdiu se bene gesseiit. .He may hold his
judiCial office by that tenure ; but if he, were to in-
ear heavy censure in another capacity, could he be
continued in his office of Judge ? If one Judge
were to be addiated into the Cabinet, why should
not more be admitted—why not all ? In that case
there would soon be an end of all law and of the
Constitution: But there was another consideration
to Which he pointed the attention of the House : he
alluded to the particular case that had occurred last
Session, in which, for malversation, the House di-
re&ed that Lord Melville should be prosecuted in the
King's Bench. That Noble Lord had been a Mem-
ber of the Cabinet. If Lard Ellenborough had been
Treasurer of the Navy, he might have been in Kie
same situation ; and it would be matter of doubt,
whether he could be removed upen such an obvious -
charge of malversation, if the quarndizi se hene ges-
serit applied only, to his condu& in his charaaer of
Judge. After having argued thus far on the. princi-
ple, he came next to a part of his consideration of
the question, withsespea to which, he was at a loss
what course to pursue. He was. at a loss *here to
refer for precedents that would bear on the sUbjea„,
though he had made the most diligent-search. He
protqated that the whole of the precedents which he
had been able to discover were qntecedent to the
Ac's lie had before cited: They had none of theta
been in the cognizance of that House. The present
discussion on the Motion with which he should cons.
dude, would bring that question, for the first time,.
under the cognizance of the House. It had been
urged, that by the Aft passed in the reign of Queen
Aim for the appointment tsf a Regency, the Chief,
justice had been nominated upon:that Regency. He
was himself no Lawyer, and of course could not tell
'how far that appointment couldoperate as a bar to his
performance of his judicial functions. If the Chief
Justice had sat, whilst a Member of such Regency,
in juddnent upon any criminal, it would appear tcs
him a departure from the principles of law and jus-
tice. The ,King is the prosecutor in all such cases, •
and the Chief -justice,: holding pro tempore, cs hilst
a Member of the Regency, the functions .of the Ex-
ecutive, must of necessity have been the : prosecutor
and at the same time the Judge. It had been .said
too, that Lord Holt had sat in the Cabinet whilst he
held the office of Chief Justice ; but he could not
find any where, whether or .not if had been so..
.This he could positively assert, -that if the case had
really been as stated, no notification had been made
on the subjeft to that House. They were also told
that Lord Hardwicke had been in the Cabinet whilst
he ' was still Chief Justice. . Of this, • however*
they could have no certainty. The only guide
they had was an acknowledgment, made by himself
in 1775, when he said that for. ten" years he
had ceased to attend the Cabinet, From this it
would appear probable that 'the period of hi,
6 havine a seat in the Cabinet was antecedent to the
passing of the A& for securing the independence of
the Judges: Though the teasoningmight apply with
the same force to the case before the passing of thatAEt,
yet it wasnofnecessary for him to apply it. There h. 4
been many.ChiefJustices since, and yet there had
, not been a single instance of one holding a seat in
the,Cabinet. It was .on this principle that the 'Judges
made it a point never to go to Court, becAse they
would not appear to be courting the place of
either of the two Chief Justices. He was aware
that the case of Lori Mansfield would -beeappeeed
to; but it was well known that the Leerne?, Lord
had bet naa hish Constittuismal Lawyer., z.•:ci aO

11,

dt-rea ,te on this bead, tliat be had felt rio seiiiple to
Sit on, the -trial of Lord George Gordon, under.
Whose influence the riots had taken place, which had
produced so much injury to the Public,
°and to the
Noble and Learned Lord himself. He came then to
the precedents on the ether.side, and these be found
to be two. That House might not know who might
be
:Members of that .COurt ; but they .all knew
from history, that. Jefferiei, who was full as good a
;Statesman as a Jude, had been in that situation, and
had been removed at the instance of that House. L---
It hdd happened,.however,in a more recent instance,
vben the Right Honourable Gentleman opposite
held before the-same office which lie at present oc,
'cnpied,,that the interference of that House had sue.;
ceeded in obtaining the removal of a Judge who,
lad' sacrificed his independence by accepting an
Office that made him dependent. The Hon. Mem-
ber moved here, that an extra& should be read
from the 38th vol. of the Journals, page 97, rela-
tive to a Motion for an Address- to His Majesty for
the removal of one of the Judges of the Supreme
Court of Judicature in Bengal, for'having accepted
an office dependent on the Board of Controul, Bre.
which was carried in the affirmative. Here he ob-
served the question of salary had been entirely left
out of consideration. It was only the sacrifice
of his independence, by accepting a place from
',which he was • removable at. pleasure, that was
made the ground of the Motion. Hisobjedion dick
not apply to- the person. of Lord Ellenberough..--
1-le knew he wasas well qualified as any man to be
a Membet'of the'Cabinet; but he looked upon him
as disqualified for, that situation' by his bearing, al-
ready the office of a common Law Judge.. He should
Conclude with authorities that were tar'superivr to
'his. The first was that of Air: Addison,- who had
once been a Secretary of State. By hina it had been.
"that the best At which .had been passed in
Lis days, .was that which provided for the inde-
pendence of. the Judges.' The next authority to
which he should' refer was that of Justice Black-
stone, ..A.Tec meal hic sermo. Mr. Blackstone said,
when treating of the separation of tl'e judiciol
from the legislative and executive authorities, " In
this distin& and separate existence of the judi-,
ciat power, in a peculiar body of tuen,norninated
itl-
'.eed, but not removable, at 'pleasure, by the Crown,
consists one main preservative of the public liberty,
;which cannot subsist long .in any State unless the
administration of common justice be in some degree
separated from the LegiSlative, and also fretu the
•Executive Power. Were it joined with the Legislative,
the life', liberty, and property of the'Subjet% would
be in the hands Of arbitrary Judges, whose decisions
would be then regulated only by their own opinions,
and net by any fundamental pritiCiples of law, which,
though Legislators may depart from, yet Judges are
bound. to observe. • Were it joined with the:Execu-
tie„, this union might soon be an overbalance for
the Le'iSlature." Having finished reading this 0,37..
sage, the Hon. Gentleman, moved his, Resolutions,.
three in, nutiahere and to the following et e& :
•
:se Resolved,•That it is the opinion of this Howse; that.
it is highly_rxpeilienethat Ilk Majesty's Ministers of State,
And confidcAfial Advisers of Executive MeaSureS, Shoul,t be
'kepi trnall}' dist hitt and separate' from his Officers who pre-
side ill his Cots (it justice.
Resolved, The.t.it is the Opinion Of this House, that the
Alen-dim of IT, Aldj;:sty's Priv V'Cnniicil, whom His Ala:.
jests directs to be liabituOly cummoned to his Cabinet, • ate;
and :.re dee;ned to be, his confidential' Advisers of the E
cur ;ve.klt..aso ' . •
That tor't he CHO. Tusiice.of• the Icing's. Bench to be in
the attcmiing on such Occ,asions, is highly
pt•eisra, tending to tlidsppision of the constitutional exc_
his judi, ial tatittions, and to render the admini-
straticr, of justice less -satisfadory, If not "less. pure. •
On the question being put on the first- Resolution,
Mr. BOND.--If he rose only as the friend Of the:
I\Toble Lord vtlio was the objea of this Motion, and
fie was prouchu enjoy. that lionoer, he "should re-:
turn his thanks to the. Hot-ii Gentleman, who •had
brought the'subjteet forward for cEscuSsion. It was
'well kno*ii that this subject:had undergone discus--
Sion out of dodrs-;, where it •had not been fairly con-
sidered.' He adiriltted, that the ohleaion to the ap7
point ment of his Noble Friend to the:Cabinet' was
one which was calculated to make an„impression
on 'the first view. But he hoped to persuade the
House before he- should sit Own, that, however
plausible this objedion Might appear at first, upon'
being thoroughly sifted, it- wotild be found to con-
tain nothing real or solid. The ohje& of the pre-
sent:Motion was ti.k -move the Noble Person, who
was the object of it, from the seat he possessed in
the Cabinet. The whole tenor of the Honourable

Gentleman,'s speech pointed to, that end. And at
a moment of the most unexampled danger and dif-
ficulty in which the Country had ever been placed,.
vhen it was on all :hands adinitted, that all.the wis-
dom, all the energy, and all the talents-of the Coun-
try should be united in its
.service, the first question.
that was brought for Ward was otie for- depriving the
Country of the service of a Noble Lord o(such high
talents, such eminent abilities, such great experience,
and incorruptible integrity, as were 'possessed, by
the distinguished personage who was the objeEt of
this Motion. He admitted, that if the Noble Lord

bad been called to a situation incompatible with his
Judicial fundions ; if he had been brought' into an
office that would impede the impartial administration
of justice and the laws ; if such were the case,
Tarhatever advantages might be derived from his eini,
tent abilities, he would rather they, should, all be
foregone, than that such consequences should be pro-
duced. He felt, thaethe administration of justice
Was one of the greatest. blessings any country. could
possess, and that it was purer in this than in any
other quarter of the globe. He considered the end
as infinitely beyond the means. It was the upright
administration of justice that secured the Government
' and protected the. people, and . insured to the indi-
vidnal,- W,llO sought wealth in foreign climes, the
quiet and undisturbed enjoyment of the fruits Of
his industry on his return to his. native land.—
There would be no value in wealth, if the Go-
'4:ernment at home were weak, and the channels of
Justice polluted. , But he wiahed the House to
consider what would be the effect of calling Lord
Ellenborough to the Cabinet. That Noble Lord.
Was no common, person. If any man could be hide-
Pendent—if any human circumstances could insure
independence--that Noble Lord could not but be in-
dependent. He had attained_ theThighest rank in his
.prori;ssion. He stood in that proud, eminent, and
exalted situation, in which' no could be pre-
sented to him to tempt him to swerve from his duty.
Ife was a public charader too more under the ob-
servation of the• public than any individual in the na-
tion.. All the business of his Court was public, and

tic'' h gi.Mer of eases snbinift,-ed
decisions, than to that of • any other Cowl Jds-
tice. He should venturres to say, that whilst so
high a .sense of mol'al reaitucle, Whilst -6..-scru;
pulbus a regard to justice prevailed in this Coun-
try, no Chief Justice would ever be found to ad
unjustly. He should be %lad to know what objec-
tion there could, be to the Noble Lord's assisting at
the deliberations of the Cabinet on Foreign Afliurs,
and :that Council was first called the . Committee for
Foreign Affairs ? :The relations of foreign nations,
and of this Country with them, must in the present
state of things • constitute a considerable part of, the.
'deliberations of that .Council'; and he would be glad
to know what there was in-such -discussions that
could tempt a Judge to swerve from his duty ? It
was perfedly true, that there might be questions rela-
tiVe to sedition, it isurredion, or treason, brought into
discussion in the Cabinet, and that, after attending
such discussion, the Chief Justice might also have to
preside as Judge at the trial of the offenders. But
what effed would that produce onhis mind? He de-
sired it to be recolleded, that no person was appoint-
ed to the place bfJudge till after a certain time pass-
ed in the profession, when be had acquired profbund
learning and great experience. WaS it likely that
in such a man his principles would be afloat, or that
he would be led by the Cabinet? Was it not more
likely that he would lead the Cabinet? (el cry of
“flear! H.ear-P) lje should repeat the expre§sion.
Heishould again insist,' that on questions of erinflnal
law, or prbsecutions, it was likely that a criminal
Judge's opinion would influence that of the-Cabi-
net,• and that in that'sense lie would leap tiler Cabi-
net. If his advice should- be acceded t 6, he Would
come to the'trial without any bias ;- if his opinion
should he rejected, he would not he the less influ-
, enced by it, and would exercise his fundion _under
the obligation of his 'oath, so that in either case
it Would come to the same thing. The Ho-
nourable Gentleman had ,adverted• to the case in
which-the Chief Justice would come to the trial as a
party, as in the case of libel against the Ministers,
of which he was one. Every man who knew any
-thing about the administration of justice, knew, that
in trials for libel little was left •to the Judge, whilst
the whole was decided by the .Jury. The Judge
stated ,the law ; and if he mis-stated that, or otherwise
injured the party; he had his remedy in an appli-
cation for a new trial to. the Court. In cases
where libels happen to be under the consideration
of the Cabinet, a Judge need not attend, or • if
he wished not to preside at the trial, be might apply
to haVe another sent, and the Commission—a/ear!
Hear .9—He was aware of the use that would be
made of this obsevation, that of inconvenience, but
he contended thato such consequence would attend
the.pradice. He hoped, therefbre, that no argument
would be founded on that ground. As to the suppo,
sition of the incompatibility of the two offices, from
the circumstance of the possibility of suspicion being
entertained with respect to the administration ofjus
tice, the Hon. Gentleawn stated the suspicion in the
first Resolution, but gave it up in the last, where he
admitted the purity. If the,purity of the admit&
'stration of justice were doubted,,then there,might he
ground for suspicion ; but when that is admitted,
the administration of justice must be satisfadory.
A .man should ad in. the stria line of his duty. If
he was to avoid a duty for the purpose of evading
suspicion, he could never ad right. But - lie
would ask, if the existence of suspicion, or if even
well4ounded suspicion were to be made the ground
of a Motion' for removing the Noble Lord from His
.majesty's Cabinet,
.wherher the Hon..-Gentleman
would go farther ? Whether he should move to
have the Noble Lord struck out of the'List of Privy
Councillors ? off the List of Peers ?—Did not the
same suspicion apply. in an equal degree to both
these cases. Judges were summoned to exa-
mine prisoners,with the Privy Council and Cabinet
Ministers conjointly. The Cabinet discussed mea-
sures in the 7absitraa. Chief Justice Holt attended
the examination .of the rebels who were after-
wards to be tried by him ; and Chief Justice Ayre
attended fer the same purpose in the Privy Coun-
cil, in a. recent instance, and afterwards proceeded
on the trial of. thd individuals there examined. WaS
it possible for a Noble Lord of such eminent and
transcendent talents as the Noble Lord—was it pos-
sible for any man that was a statesman, and" that
Noble Lord was a great statesman, if he saw, a party
formed to thwart and embarrass the measures of Go-
vernment, not to take
,a part on such an occasion ?
If the Gentlemen were Serious, they had not
reached half way towards their end. 'What was the
end the Gentlemen proposed ?' What was the obje&
of their record ? What the end of their innova-
tion ? He repeated that it was an innovation.;—
It had not been stated either- in the Speech_ of
the Hon. Gentleman, or in the Resolutions, that..
the appointment was unconstitutional, illegal, 'or •
unprecedented. It was not unfair in arguinent)
therefore; to assume the omission, to'. state what
amounted to an admission, that it was not so. As
to what had been said of the et ed of the Chieflas-
tice prejudging a case- from the discussion it might
undergo in the Cabinet, that would apply equally
to all Magistrates who first examined the case by,
the testimony • of witnesses, and afterwards sat at
;Sessions. With resped to the authority. that
bad been so much relied oir, on which the Honour-
able Member had laid so much stress, viz. the TM-
tation from Justice Blackstone, the whole of that
passage was part of a..longer -one, which Justice
Bladstone had.extraaed from Montesquien's-Spirit
of Laws, which was a, theoretic treatise on• Gover-
nment. Mr. Justice Blackstone, when he copied
this passage into his Work, :understood it in .the
sense in which .the Honourable. dmtleman re-
presented it, .the theory was ingenious, but it did
not practically apply _to the circumstances and
constitution of this Country. As to all that had
been said frith respect to the impropriety of any
persons being admitted into the Cabinet besides
the Chancellor and the Ministers of State, who-
held executive .offices under. the Crown ; and
that those .should not be called' to that Coun-
cil who might be 'summoned ;for advice this
day and not the .next, it seemed to him like raising
up shadows for the purpose of fighting them. There
is one case in which the situation of the Chancelfor
cuts in more nearly with that of
_the. Chief justice..
In. the case of. a petition of right, where a subje&
is the, claimant against the. Crown, he has to de-
cide, and yet is nevfxsuspeded of a&ing under any
bias. In ,tie case;, of Peers also, he has.
great powers, for,
.accot-ding ,to the pre:seut pradice,

. • .
be igvaii ably actt 113 Lord Higi\ Siiward.. • In the
reign of Edward: an Aa vc7aS. paSsed; 'aireet-
in, that the Chancellii: and the king's Chief Jus-
tice should fOryi, Majety; in order that he
might not want.the adVire of Sages leart44 in the
law. He h6lieved Lord HardWicke, wl'lVls't Chief
Justice, bad a seat in the Cabinet. ',He did net
state this as a matter it-hat could be proved, though
he had -it on the authority ,of persons on whost
veracity and accuracy he placed the greatest reli-
ance. IV this it appeared, that that Noble aid
Learned Lord had not thought a place in the Cabi-
net inconsistent Vlth the duties 'of his judicial office.
Lord Mans.aeld too, hid continued to sit in the Ca-
binet whilst Chief Justice from 11'57 to 1 6a.. He
too did nht think the situations incompatible. It was
to be recolleac;,l too that no apprehensions were,then
entertained on
,the subject ; no .such motion as the
present- had. been made. This was a convincing
proOf of, the acquiescence of the Honse and of the
Country in the propriety of the measure. , In the
Sixth of. Queen. Anne, - when her dissolution was
apprehended, an. Aa liad been passed for esta-
blishing a llegencyi on that event, to continue for
Six weeks , efior her death: This Regency was
composed of the seven Great Officers of State,
amongst • whom . her -Chief :Justice, was one. it
is not to be suppc. that sudh,-a measure would
have been passed withou't the L.:incurrence-0f Justice
Holt,. who was one of her justices- -It was said,.
therefore, to infer,
.that his, authority was in fitvour
of the measure, though, he died before Queen Ames
and Chief jUstice Parker became, on her Majesty's
de.th, One of the Justices. He was afterwards ap-
pointed i one of ten confidential advisers of His
Majesty George • The authority .of. that Jus-
tice' too was in its favour. By. the Statute of
the 24th of George 11. chap. 24. which was passed
in contemplation of a minority, A Regency was ap-
pointed, composed of five: persons, with extraordi-
nary powers. If the majority did not agree to the
measure, Parliarnent could neither be assembled.
nor dissolved, neither the' question of, Peace or
Wy decided, The Chief. Justice was , one of the
Connissioners of RegenCy, and yet no jealousy was
felt on the subject. The ACI too, if it had taken
immediate eifed, .would not, have been . of: short
duration, his present Majesty's age being at that,
tune 12 years, so that if George 11. had then.'clied,
it would have continued for Ave years. The next
instance of, an Ad of this nature was in the/sth of
his present Majesty, fir the appointment of a •
Council of Regency, for the care of the. descendants
of the Prince of Wales, Oen dead ; and, as the
Mt, was passed in contemplat:wi or the poSibility of
an indisposition which Hi.; present Alajestylahoured
under at that time, terminating fatally ; if that event
had taken place, the Regency would, have had a
long continuance, as the present Prince of -Wales
was. then I),st-three years of age; and it was to be re
colle&ed that this measure passed, notwithstanding
the effeas of an opposition that afterwards overturned
the Administration, and after the same-gracious mea-
sure Which His Majesty had recommended for the
security of the independence of the Judges. Yet no
one of the very ingenious men who compOsed the
Opposition or. that day started a question respecting
the jealousy that was at this time sought to be pro- •
mulgated. If there was any trust- to be reposed
therefore ; if there was . any sacred trust to be con-
ferred; if there was, any degree of confidence at' a
peculiar nature. to be placed , in any person, the
House would resort to the Nobleman, who was the
objet of :the. present .Motion, in place of excit-
ing amongst the Subje&s of the Country a distrust-,
in the administration of justice. It should be re-
colleaed that this was the first time that such an
etfe& had been-ascribed to such it measure. Wheh
it was considered that the measure then under . dis-
cussion had received the sanaion of so many re--
verend, learned, and upright Judges; when it was
recolleaed, that it had been aeted upon in the
best periods of our history„ and that now for the
first time it was- asserted, that the calling to the
-advice of His Majesty such a Nobleman as the noble
object of this motion, a man of such talents, know-
ledge, experience, and wisdom, would have the ef-
feet of corrupting the administration of justice; be •
implored the House not to remove a Nobleman of
such integrity and independence, who had reached
one of the highest offices in .his profession, to
whom only one step more remained to be as-
cended, and who, it was well known, had refused.
that step, from the means of contributing to the
public service by his counsels and advice, He called
on them not to restrain the prerogative of the Crown, '
in the undoubted right His Majesty possessed of call-
ing any one of his Subjects to his Councils.—After
a few -more observations on this subjea,, the Right
I ion. Gentleman concluded by moving as an Amend-
ment, That the other Orders of the Day lie now
read."

Mr. CANNING.----Befote he should proceed to
state.the grounds upon which be shoUld support the
Motion of his Hon. Friend, begged Jeave to disclaim
some of the motives imputed by the Right Hon:
qeritleman who had just sat down to those who
should support the Motion. The Right Hon. Gen-
tleman had imputed-to those who should dider With
him outhiq question, at a time when the danger of
the Country called forth an unidn of all the talents it
Possesses, and when every, acquisition of ability
ought,to be hailed with pleasure, an attempt to drive
from His Ma.,..sty's Councils, and from the, public
service, a person of such distinguished talents as the
Nobleman whp is the subjea 'of this Motion. He
should protest against such an unfair mode
.of arg-u-
-ment. He Was as ready as the Right Hon. Gentle-
. mart, and he was sure there would be but one senti-
ment- in'the House, to admit the merits of Lord El=
lenborough ; but be, could not help regretting that
considerations personl- to that Nobleman had been
introduced into the discussion. If,.the subjeti was
worth the attention of the House, and that it
was appeared evident from the admissions of the
Right Honourable Gentleman, that' the obje&ion
was such as to•tuake an' impression, and that it was
'plausible, -fit that it should be considered by Par-
liament with reference to any Chief juttice.—
He thought, therefore, the imputations of the Right
Honourable, Gentleman unfair towards those who
supported the Motion on such grounds. There was
one mode; by which, if the services of Lord El-
lenborough were_, necessary in the :Cabinet, they
'might have been obtained without any objection
whatever, and that was by his ascending that other
sty, which was to place him at the head. of his pro-
fttsion.. kie.was sure; after the panegyric pronounced

by rI t 3 Right at of}t~hltueiitle'rxtait; 4'6'6
cues and indeptndence of that Noble Lord, lip 6trikl
not suppose him to have been actuated ii ibis 3efi~sal
Of that last step, by a wish to ding to a place fet
life, rather than to accept it precarious on'iy. The
.Right Hon. Gentle Man gli!C;rifed to think, that hit pot,
session of his place for life placed him above ail
:temptation : he also Seemed to think that tilt place
.of Chief Justice Nr4's ;more estimable than that Or
Chancellor. The objection that governed.his
nion On this Subjta was, that by accepting a place
from which he was remove'able at pleasure, he, did
away all the b6nridence that Was, prodtrced by the
'independent tircutustauces of his other office. Was
it intended to be•urged or argued, that the fear of
his removal from the Cabinet wotild have no effeet
on a Chief Justice ? Would it be. conte:Ated, that a
seat in that Cabinet was not an oh:;ik.l of arribitibe;
and of ardent ambition ?If ever there was pe-
Tiod that proved that more than any other, it war;
the present : he believed there never had been an
instance in which such obje&s had
.been pursneel
with so much ardour and anxiety. No man thiit•
had read the Newspapers of the day, or heard the
conversations of the people in the streets, that was
not sensible of this. It was not fair in eierunient to
make personal allusions; but in proqf that a seat
in the Cabinet was an objed of petsoual ambition;
he ,could• name' four whose seats had been under
discussion, and mooted. When sueli had been the
case, could ft be said that such a distih&ion was
not an object of personal ambition, or that the api
prehension. AC losing it would not have an effea,
upon a mind that sought it with such avidity? He
agreed with the Right Hon.4Crentlernan in his warm
panegyric upon the pure Administration of ...Justice
which this Country hid to boast of the peculiar,
advantage of •our Constitution, which had stood tin-.
impaired amidst the Chock of parties; and• survived
arid flourished even amidst the troubles and distrac>=
tions of Rebellion : he aded not on the authority
of books, but oh the universal feeling of the Cuun-,
try, which ought to be respeded'oy preserving
system, the salutary effects of .which, lie hoped;
nothing-would be done this, day' to disturb. The.
Noble Lord, who was the immediate subject of the
Motion; was in the AdminiStrationnfain @thee that
required all the intelligence and all the feelings of
which a man was capable: One may surely say, that
the Noble Lord would find full scope tor all his high
ta-
lents and qualities, confining them to his proper station.
What he particularly' complained of vas, I hat '-the
Bench of Justice, instead of being looked up to as
the summit of elevation the law afforded, was to be'
by the precedent of the Noble Lord's -appointment,
constituted the spring of a new ambition, irom which
those who had altered it, were to start forward or
a new career. Henceforth the. study of the law
would be cultivated- for the attaimmeetof.a Chief
Justice's seat, not as a chief objed and a eln'ef dis-
tin&ion and reward, but merely as a step in the lad-
der of .promotion, and as facilitating the atcess to
greater honours. This was an evil so great to the
constitution, that it conic' not be permitted to establish
itself without the utmost mischief, It was no ob-
je&ion that it was not to be fonnd directly prohibit-
ed in the books 'of law, or the statute books. It
was an evil so striking, that every mind must be im-
pressed with a sense of it ; and if it should not be
checked by this Motion, it would at least be ulti-
nantely mended by the refledions which the discus-
sion of this nightwould excite in. 'every mind, and
the exertion it would give rise to for doing the mis-.
chief away. , One great objection he had to the ar-
rangement that had been made was, that according
to what was-urged by the supporters of it, the set-.'
tlementef the independence of the Judges was not
so necessary as bad been heretofore thought; for
when their acting in,day-light in open Court, was
stated to prove the imposSibility of their a&ing wil-
fully wrong, this amounted to an argument against
the Bill that secured their independence. As Podia-
merit was bound to legislate with jealousy against
the evil propensities of human nature, the.charatier
of the individual was not to be taken into the ac-
count.. It wasessential to the due. administration of
justice; that a Judge should not be called upon to •
decide on his judgment seat what he had already
decided in the Cabinet as a Minister. 'This mischief
was particularly like to happen in the case of prOse-
cutions for libels on the Government. The Hen. and
Learned Gentleman on the other side represented the .
Judge as nothing, the JUry as every thing, and. held
forth a new trial as a remedy fOr any possible mal-
versation. The FlOn. Gent. himself held a judicial
situation, and he would ask him, was he such a per
fedt nothing in it as to think this a sat:stadoryeensvver
to an objection, felt deeply, notin that House alone,
but throughout the Couutry,in such a manner as not
to require a satisfactory explanation. He did not look
upon it as sufficient security to be told, that,in cases •
Justice
to come before him hi judgment, the Chief
Justice would-either not interfere as-a Minister, Or
not sit as a Judge. Of the two; he should prefer
his absence from the Cabinet. The Honourable and
Learned Gentleman blamed the moderate tenor of
the Resolutions, and Was dissatisfied that they did
not go further. The thing was not called iliegal,
because there was no law on the subject---"it wa4 not
called unconstitutional, becanse What was consti-
tutional was not defined, and.every one explained. it
according to his own view. The Motion stated with
truth the inconveniencies that would result from the
appointment, and therefore that the appointment was
unadvisable. The public feeling that had so strongly
manifested itself on this-peint deserved the highest
consideration : and it was not a light thing that a sns-
picion manifested itself abroadou so essential a point
as the due administraticin of the justice of the Coun-
try. It was no to be supposed, as the Hon.Gentlemn
said, that ahy person would suffer himself to be di-
verted from the perforphince of his duty; by the
consideration ofa false suspicion ; bat a strong pubic
feeling was a just ground for' 4egislative attention,
and for the re-consideration of an arrangement not
generally looked tipoa as satisfaaory to toe ends of
public justice: It was well-known that there were ,
every day verdicts give-n consonant to law, and tht.i
principles of justice ; yet if any thing came out af-
terwards that served to spew that the whole of the
case had not been fully weighed either by the Jury,
or by the Judge, and a new trial was granted, and
a verdid given on the opposite side, 'neither that
Jury nor that Judge would be so li?efily looked
upon as before. The Hoeo ra.de Gentleman not
only complained: that the ,Resolutions were mo-
derate, but still further, that they contained no-
Thing but What could be proved. He complained,