The Sun.
London, England, 1838-07-06 00:00:00

APPOINTMENT OF MAGISTRATES.

The Earl of HARE WOOD was anxious to address a few
observations to the House on a subject of some interest, re-
lating to the :appointments of Magistrates and Lords Lieu-
tenant, and particularly he wished to call their attention to
i
the unpleasant situation in which he had been placed, n con-
sequence of the system adopted by the Noble and Learned
Lord on the Woolsaok. This was a subject of great delicacy,
because it was clear that the C(own, through the Great Seal,
had a perfect right to appoint the Magistrates throughout the
country. No one disputed it ; and it was a power that he,
for one, would not wish to see curtailed ; but, at the same
time, another custom had arisen from the courtesy of the
Lord Chancellor, by which the Lords Lieutenant, or Custodes
Rotuloruni appointed—(No)—he bogged pardon, he meant
recommended to the great Seal, such persons as might appear
to him proper to hold the Commission of the Peace; that
practice, he might say, had been found to be one of very
great convenience. But the system now pursued was en-
tirely different; for it was left to the Lord Chancellor to
make such enquiries as he might please with regard to par-
ticular individuals; thus the Lord Lieutenant was placed
in a most unpleasant position, he was considered in the dis-
trict as responsible for the recommendation, and it was said,
" why is this person in the Commission, or that not?" A
case had occurred in Leeds to which he would call their
attention. He had received a letter from the Noble and
Learned Lord, inquiring whether he had any objection to
the introduction of eight individuals named, all of whom he
happened to know, and felt perfectly secure of their appoint-
ment. He had resisted giving any answer, because he
would not establish the precedent of subjecting himself
to questions of that nature. Shortly afterwards, some
office becoming vacant, for which two Magistrates wished
to become candidates, they applied to have their names
struck off for that purpose, and their request was granted.
In their place two persons were introduced into the Com-
mission. Now, what then was the situation of Leeds?
He had investigated the matter, and found that, in the town of
Leeds, there were twenty magistrates ; that fourteen of them
resided in the town, and six directly in the neighbourhood.
The magisterial business of that town did not include more
than 200 cases a year, so that, sitting from half-past one to
four o'clock, the magistrates could only be occupied a very
few days. There was, therefore, no necessity for appointing
one single additional magistrate there. If he was setting him-
self up against the laws—if he was a refractory Lord Lieute-
nant—the Noble and Learned Lord knew his remedy ; but
this he would say, that he had not acted factiously, but accord-
ing to the dictates of his conscience. Personally he had no
reason whatever to complain of the Noble and Learned Lord ;
but he objected to the system upon principle.
The Earl of WARWICK objected altogether to the pre-
sent system of sending to inquire the opinion of the Lord
Lieutenant, because it placed him in the light of a public ac-
cuser of every man worth 100/. a-year who was not put into
the Commission.
The LORD CHANCELLOR stood before them as the
Keeper of the Great Seal, with full powers to appoint the
Magistracy of England, and he would not subscribe to the
doctrine of the Lob le Lord, that he must abide by the opi-
isions he received in reply to his applications for informa-
tion —that he was to exercise no discretion—to listen
to no complaint—to take no remonstrance into consi-
deration, that did not arise in the course of his correspon-
dence with the Lords Lieutenant of counties. It was he who
must put the Great Seal to every act of nomination, and it
was he—not the Lords Lieutenant—who bore the responsibi-
lity of the act. He had habitually communicated with many
Lords Lieutenant with great satisfaction, both to them and to
himself, as well as with considerable benefit to the public,
without allowing anything to transpire which would hurt the
feelings of individuals; but the Noble Earl was resolved to
alter all that. However, until the present occurrence, he had
never found a Lord Lieutenant who th6ught that he was doing
anything disrespectful in asking his opinion a; to whether cer-
tain individuals ought or ought not to be put in co emission of
the peace. Were it a necessary consequence of asking to
adopt such advice as the Noble Earl seemed to think, the Great
Seal would have no power in the matter. At what time the
Noble Earl adopted this opinion was rather a puzzle to discover.
He had at four various times written to request his official ad-
vice in the matter of appointing Magistrates, and had in coil,
sequence received three very satisfactory replies, which led to
nothing further—twice before the occurrence alluded tc and
once after it. The Noble Earl might in the two ,'armor
cases net have obtained the new light r(- spect.ng his impeisa-
tive prescriptive right to appoint by advice; hut in the latter
excercise of his fenction as Lord Lieutenant, he seemed to
have relinquished it again. In 1831, long before he had a

slat in that House the question had been tried there by the
Noble Earl.—[Here an explanation took place between the
Earl allai-e.voed, Loiel ea;lrae::, and the Lera Chaecellor,
the particulars of which was not understood in the gallery.]_
It was with great regret that he referred to these letters. On
the 24th of October the Noble Lord sent him a list of names
that were all approved and inserted. On the 26th of October
a correspondence took place between the Secretary fur the
Home Department and the Noble Earl.
Lord LONDONDERRY rose amidst cries of " Order"
to speak to order. He reminded their Lordships that the act
about to be committed by the Noble and Learned Lord was
one that had been repudiated by her Majesty's Government as
a practice perfectly inadmissible.
The LORD CHANCELLOR said that in reading the
correspondence he did not intend to mention any names.
( His Lordship then read several letters, commenting as he
proceeded, but in a conversational tone so low and rapid that
it was with difficulty we could catch the meaning.) The first
was from the Noble Earl, stating, in regard to a list which he
returned, " that he was not acquainted with any of those per-
sons, and therefore he could have no objection to state to any
of their appointments." The next to which he should refer
was also from the Noble Earl written in reply to a letter
containing a list of magistrates suggested to be appointed
fcr a town within the district in which the Noble Earl
resided (he would not mention the town). The Noble
Earl therein stated that he had no objection to any of the
persons mentioned, but added that there was one who had
said that if appointed he would not act. He (the Lord Chan-
cellor) subsequently wrote to that gentleman, requesting to
know if this report were correct. The gentleman in reply
said that he would be happy to act if appointed. The
Noble Earl also wrote subsequently to say that he had
been informed to the same effect. Then came the letter in
question—thatof the 29th of January—addressed to the Noble
Earl as Lord Lieutenant of Yorkshire, written in the usual
style ordinarily adopted in official communications to Lords
Lieutenant, and requesting his opinion and information re-
specting a list of nine persons inclosed, proposed to be ma-
gistrates of the West Riding. To this the Noble Earl re-
turned a reply " that he hoped the persons therein mentioned
were fit persons, as eight of them were persons connected
with himself. However, he did not know that there was a
want of magistrates in that district ; but had there been such
a large deficiency he would have represented it. He objected
to be called on to uedertake the novel and invidious task of
objecting to any particular name on a list of persons sent to
hire. He complained also of a want of courtesy in not affor-
ding him the opportunity of giving his opinion in the first in-
stance as to the persons proper to be put in the list." On the
.sth of March lie (the Lord Chancellor) replied that be in-
tended nothing more than to solicit information respecting the
individuals whose names appeared on the list. The Noble
Earl, in answer, approved of three of the names, and took no
notice or made any objection to the other two. His (the
Lord Chancellor's) surprise was great that no objection was
taken in this latter letter to any person, notwithstanding the
claims advanced and objections in principle stated in the pre-
vious one.

The Duke of WELLINGTON—The Noble and Learned
Lord has only done justice to the Lords Lieutenant of counties
in stating to the House their willingness to correspond with
him on all subjects relating to the performance of their duty in
respect to the magistracy. I believe that the Lords Lieu-
tenant of counties in general, and I think my Noble Friend
has stated to the House Isis conviction of the fact, are perfectly
well aware that the right of appointment to the magistracy
rests exclusively in the person holding the Great Seal for the
time being; but I believe it to be also the use and the custom
for them—a use and a custom which they have uniformly exere
eised—to recommend to the Lord Chancellor the names of in-
dividuals fit and proper for the magistracy. The Noble and
Learned Lord admits this fact himself, among the many stated
by my Noble Friend ; and yet he adds that, though age has
sanctioned the custom almost to a right, he will exercise his own
discretion and nornieate who he likes to the magisterial bench.
My Lords, I do not stand here to dispute the right of the Noble
and Learned Lord to nominate whom he chooses—the right otS
the Great Seal to appoint to the magistracy whoever the bolder
of it liked, was never questioned by my Noble Friend either.
But what he and I contend against is the mode in which that
right has been exercised, when the Noble and Learned Lord,
when called upon to make good the due number of Magistrates
in the town of Leeds, does not write to my Noble Friend, and
say that he wanted so many, and that he wished him as tho
Lord Lieutenant of the county to recommend those persons
whom he knew to be fit and proper to fill up the vacancies.
No. The Noble and Learned Lord does no such thing. Ile
tells us himself that he canvassed in Leeds, and having disco-
vered the names of certain persons, he then, and thea only,
irked my Noble Friend whether they were proper persons to
be nominated to the Magistracy. My Lords, 1 have for a pe-
riod of twenty veers exercised the duties of Lord Lieutenant
of the county, and I have on two other occasions discharged
the functions of that office also, and I can tell the Noble WI d
Learned Lord that the practice pursued by him in this respect
is not consistent with that pursued by other Noble and Learned
Lords, his predecessors in the high office which he now holds.
The Lord Lieutenant of a county is not called upon by
the Noble and Learned Lord to recommend person; as fit
and proper for the Magistracy that they may be appointed
by him on such recommendation, but he is called on to state
confidentially whether certain persons named to the Lord
Chancellor by ether parties—and well known to be so named.
too—are in that position. He is thus placed in the dilemma
of being obliged to sanction certain names proposed by cer-
tain parties—the proposition being well known to him—eon.
trary to the usual course in such cases, or take on himself the
odium of objecting to them altogether. Yet this very thing
is done by the Noble and Learned Lord. My Lords, in the
course of my lifetime I have acted wider Lords Lieutenant. I
have acted as Lord Lieutenant. I have acted in a variety oaf
offices ; and, my' Lords, I tell the Noble and Learned Lord
fairly, and to his face, that after such conduct as this, after
such a mode of treatment as he has adopted towards my Noble
Friend, I cannot act with confidence under him.--(Hear.)
My Lords, I will just state a few possible cases to show the
operation of the Noble Lord's course of proceeding. The
Noble and Learned Lord, as he tells you, canvasses for opi.
nions in respect to his appointments to the magistracy. Now,
my Lords, I'll suppose a few cases in illustration of the success,
ful result of that canvas?. I'll suppose, my Lords, a gentle-
man recommended to the Noble Lord as a fit and proper person
to fill the office of magistrate, who is, what is called in ancient
Acts of Parliament, a barrator—which means a person un-
der the cognizance of the law, and bound over to keep the
peace. Whore does the Noble and Learned Lord find this
recommendation ? Is it from the Lord Lieutenant of the
county ? or does it come from any gentleman of rank and
station in the district ? No such a thing ; it comes from a. polical partisan. Ido not mean to say, my Lords, that a
partisan ever approaches the Noble and Learned Lord ;
but partisans in plenty approach some one else who has the
ear of the Lord Chancellor, and it is on the recommenda-
tion of this " some one else" that the appointment is made.
Another cese, my Lords, may be equally apposite. I will
suppose a gentleman to stand a contest for a county at a ge-
neral election ; I will suppose him, after this, appoined to
the command of one of Majesty's ships, and sent to sea ;
and then I will suppose the Lord Chancellor finds him a
fit and proper person to be nominated a magistrate, and no-
minates him accordingly, contrary to the letter and spirit of
the Act of Parliament. which requires that magistrates
should be resident at the time of their appointment. A
third case :—I will suppose a person, who has been an
attorney—a respectable person enough in his line, one
of the partners of a respectable house, but who has re-
tired from active business, and is now only a sleeping
partner—l'll suppose such a person recommended to the
Lord Chancellor from a source similar to that of vabich
my Noble Friend complains, and appointed a magistrate ac-
cordingly. I do not complain of the exercise of the right,
but I do of the appointment, and I do also of the manner in
which it is procured. The Noble and Learned Lord was
much mistaken in supposing that the Lord Lieutenant might
take up a parson in the streets, and place him on the bench,
expecting the magistrates to perform the duties of their office*
and risk their reputation in the same judgments. They would
do no such thing, They are gentlemen, and expect
to be
treated as such. They would not sit on the same bench with
a man who held views totally different from their views.
[The Noble Duke was occasionally inaudible in the gallery.]
The LORD CHANCELLOR said in reference to the
Noble Duke's observations, that in regard te the expression
" going about canvassing," applied by the -Noble Duke to him,
he had net the slightest idea to what the Noble Duk• alluded.
" Canvassing" meant " going about asking something." That. he (the Lord Chancellor) never did ; and he entirely and po-
sitively denied the application of the phrase in that sense to
his proceedings. The Noble Duke had referred to certain
persons as connected with supposititious cases; among others
he referred to a person under the appellation of a barrator—
a name which he (the Lord Chancellor) did not think was
known out of the Courts, certainly not much in that House—
as having been appointed to the magistracy by him. Of these
F arsons Ile (the Lord Chancellor) knew nothing, and he wished.
to ask the Noble Duke whether he meant to
say' that he had
appointed them to the magistracy ?
Lord WHA RNC LIFFE protested altogether against the
doctrine of the Noble and Learned Lord, and also against the
proceeding he had taken consequent upon it.
The Duke of WELLING TON had used the word " can-
vassing" only in the sense in which the Nehle and Learned
Lord had employed it himself,
The LORD CHANCELLOR only stated that if there
were an exclusion of persons of one party in any particular dis-
trict, there could ho no confidence expected f • rom that party in
the magistracy so appointed.
Lord HOLLAND held that the Noble and Learned Lord
had a clear and undisputed right to nominate any fit' and pro-
duty that it was, moreover, his
perpetrosonnotmo
itnh:tematgheismtr,acy;
however they migalsit, come
.recri-
mended, or from whatever
for the office was undoubted.
quart Teri, so that their qualification
le Lord Lieutenant was a
purely military office, long
country, and established pule nowt: to the Constituteon of this
the magistracy. It to onsiderable time. r..esequent to
therefore, quite impossible that
there could be any Fight •
Learned Friend had
mend to that of:ice. ii„ln the Lord Lieutenant to recom-
Ives of opinion that his Noble and
had telten. acted wisely in taking the course he
The Earl of h`l
After a few words from
1-wlialsfirelLA Lord COLCHE STE R,
sersation, in
,A OOD replied, and after a short eon-
the Duke of Wellington and Lord Hol.
land took a p
This Bile' 4t, the Noble Earl withdrew his motion.
ESTATEStime. BILL.
U
on the rn second on E d
of the LORD CHANCELLOR, their° t•
poneineet cf He;-dings Bill and the Su'ter's Money Bill were
wooed t'rne, aed erdeeed to be committed on felonday.
P3n the motion of Lord DENMAN, the. Distenters'
Oaths Bill was referred to a Select Conun'tee.
The Jurisdiction of Judges Bill • was sects a second time.
Tl: it Lerdships then adjourne 1