The Sun.
London, England, 1831-07-05 00:00:00

the list was sent up without any observation. It was the
old list, and the information -which he. bad received
reached him through the son of the Noble Earl. Now- he,
using his own discretion, and having this inforniatioti-be-
fore him, would not allow his name to continue amongst
those who were inithe Commission of the Peace. He,
however, did not mean to say that his Noble and. Learned
Friend had not a right to act as appeared most proper to
him. That right he fully admitted, and that he had acted,
in proceeding as he had done, to the best of his opinion, he
entertained not a doubt.
The LORD CHANCELLOR said, that the decision of
Mr. Justice Bayley was only of a suspensory nature, and
depended entirely on the issue of the trial for perjury.—
That having been decided in favour of Mr. Storks, he w
sa
no reason for excluding him. Many of the matters which
his Noble and Learned Friend had referred to he had never
heard of before. His Noble and Learned Friend had, how-
ever, awakened his attention to all these details ; but as he
knew nothing of them until his Noble and Leatned Friend
had given him the information, he had acted under a dif-
ferent impression. He thought it would be well to post-
pone this discussion until he could look into all the circum.
stances. He should make an inquiry into those circum-
stances ; and therefore be did not consider the present
proceeding to be final. He, however, did not know how
the authority of the Lord Chancellor or of the Lord-Lieu-
tenant of a county was to he preserved, if matters of this
nature were to be discussed in that room. lie protested
that he was feelingly alive to the advice of their Lordships,
and he was' sure that that advice would always be in ac-
cordance with honour and strict justice ; but in cases of
this nature he would not let in their Lordships' opinion
without also letting in the opinion of another body,—i.e
meant the opinion of the people of England; and lie
should not wonder if, in consequence of this discussion,
meetings were held on the subject all over Yorkshire.
The Earl of HAREWOOD slid, if he had conceived
for a moment that the Noble and Learned Lord was not
aware of all the circumstances of this case—notwithstand-
ing the trial took place in the month of March—be would
not hive introduced it at present. in the course of
the Noble and Learned Lord's °beets, along, one point was
mentioned so often, and one particular word was
used so often, that it led him to suppose that the
Noble and Learned Lord meant to charge him with incon-
sistency or something worse. The Noble and Learned
Lord said, that he (Lord Harewood) had "recommended"
that this individual should be appointed to the commission
of the peace, and that he afterwards acted against him.
`This word the Noble and Learned Lord had repeated se-
veral times. Now what was that recommendation so
spoken of ? Their Lordships would see that he could not
act otherwise than he had done. The old commission of
the peace was placed before him, and he sent it up to Go-
vernment, as was usual, on his present 'Majesty's accession
to the crown. He had no reason to scratch out this indi-
vidual's name ; and the Noble and Learned Lord knew
full well he could adopt no other course but that which he
had taken. What else, indeed, could he do? Under
three circumstances, he considered the frequent use of the
words " recommended" to be invidious ; because it seemed
to imply that what lie did with one hand, he was ready to
undo with the other. It was not, however, in his nature
to act thus. Ile admitted that the Noble and Learned
Lord had been a most excellent advocate for Mr. Storks;
hut what he had said, and what he would say, was, that
;snowing the magistrates of the county, and being aware
of their sentiments, be felt that if he permitted a Chan-
cellor to place an individual in the commission of the peace
'unknown to him, without noticing it, lie would have been
guilty of a dereliction of his duty. Finding that such a
course of proceeding had been adopted, he would not have
been doing his duty if he did not interpose between the
Lord Chancellor and the magistracy. Therefore, in no-
ticing this subject, be had not acted from any invidious
motive. If it had depended on him, he certainly would
not have bad this individual restored ; but at the sante
time he would say that he entertained no private or per-
sonal feeling against him. Ile could not but complain
that he found the proceeding was carried on in the Crown
office, and the fiat was issued without a word being com-
municated to hint on the subject. He had no personal
hostility, he repeated to the man ; but he felt for the
magistracy, and if he had not brought this matter to light,
he should not have done his duty. He must still say that
the Noble and Learned Lord bad given him no satisfaction
as to why he had, with the determination to re-appoint
this gentleman, passed by him (Lord Harewood) and
never mentioned his intention, That feeling he must still
hold.
The LORD CHANCELLOR said, the list bad been
sent up by the Lord-Lieutenant and Custcs Rotulorum,
and if it were so transmitted without any direction to strike
out any particular name, he was not to blame if the indi-
viduals mentioned in it were re-appointed. If he received
a commission without observation, lie took it for granted
that every name comprised in it was meant to be recom-
mended. He understood that the Noble Earl had given
that recommendation ; and that no offence was imputed
to Mr. Storke, except the indictment for perjury. But it
now appeared that there was another ground on which lie
ought to have paused, and which prevented the Lord-
Lieutenant from approving of the re-appointment. With
respect to the former, he had no right to interfere pending
the prosecution ; and, as to the latter, he was not ac-
quainted with it. He was, however, very sorry for an
omission which, undoubtedly, he meant not. lie was
very sorry for it, on two accounts—first, because it had
given their Lordships so much trouble ; and, next, because
it seemed to give the Noble Earl pain; and certainly he
regretted any act of his which tended to give pain to one
whom he so much respected.—(Hear, hear.) But if it
were to do again, he, acting on the same information that
he formerly had, must proceed in the self-same way. Now,
as to what his Noble and Learned Friend had alleged against
Mr. Storks, that individual was, in his opinion, guilty of
an impropriety ; but he did not think that it deserved so
awful a visitation as his Noble and Learond Friend was
willing to inflict. He would, however, take the matter
into farther consideration—he would again consult the
Learned Judge who had already been alluded to ; and,
partly by the advice of that Learned Person, partly by the
advice of his Noble and Learned Friend, and partly by his
own view of the case, lie would decide on the course which
he ought to pursue.
Lord LYNDHURST said, he did not know what his
NOM,: and Learned friend meant by "awful visitation,"
What he had observed was, that writing to the foreman of
a Grand Jury was a grave and serious offence. He stated
every thing with great deference to his Noble and Learned
Friend, and had expressly said, that his Noble and Learned
Friend was as capable of forming an opinion as he was.
Lord ARDEN made a few observations, but they were
not audible below the bar.
The Duke of WELLINGTON observed, that the Noble
and Learned Lord seemed to labour under a great miscou-
steption, when he appeared to suppose that the charge
against Mr. Storks was confined solely to the indictment
for perjury, and that he, having been acquitted of that
offence, dad a right to be placed in the commission of the
peace. That was not, and could not, be the charge against
Mr. Storks. It was evident that he could not be struck
out of the list on account of an indictment for perjury, be-
cause he must be considered innocent till he was found
guilty. When Mr. Justice Bayley apprised the Secretary
of State that Mr. Storks ought not to be continued in the
Commission of the Peace, it was evident that it must Le
for some other reason, and not in consequence of the in-
dictment. That other reason was, the letter which lie
addressed to the Grand Jury. it was on that account that
his name was omitted by the predecessor of the Noble and
Learned Lord. It was usual, as a matter of aourtesy between
the Chancellor and the Gatos Rotulorum, for the former to
give the latter notice of any intended change in the Magia,
tracy ; and the Noble and Learned Lord, than whom no in-
dividual possessed more courtesy, (eight to have consulted
with the Noble Earl before he proceeded to re-insert this
gentleman's name. The snaking out of these commissions
of the peace was a most painful duty to those who were ig
the commission. The Noble and Learned Lord with all
thathis ability, information, and talents, we old he unequal to
.duty, without the assistance of those who possessed
loco! knowledge. Now surely in a case like this, where
a man bad been tried for perjury, although he had hero
acquitted, and against whom timers were othr charges,-- in
ouch a case the Noble and Learned Lord certainly ought
to have inquired whether any
local
exist :j against
his name being continued on the
THE CORONATION.
The Duke of WELLINGTON inquired whether the
Noble Earl opposite had received any instruct:ono on the
subject of his Majesty's coronation ?
Earl GREY answered that I-se had not.
_ _

The Duke of WELLINGTON wiahed to know
l:itrer
it was not necessary that his Majesty should,
a
specified period, take certain oaths connectedwith
his coro-
nation ?
Earl GREY said he was aware of the oaths to which
the Noble Duke referred ; but he did not know that the
law prescribed any particular time when, or place where,
they should be administered. As to the delay which had
occurred, he would, perhaps, hereafter have to communi-
cate to the House the cause of that delay. The coronation
had hitherto been a matter of very great expellee ; and it
was important that that solemn compact which was then
ratified between the King and the people should be effected
lit as low a charge as possible. He repeated, that he bad
no commands from his Majesty on the subject; but he
the;c Lordships, th,at the Aligstinn, prer.crihed by,