The Sun.
London, England, 1846-08-19 00:00:00

eseseesse-- bad not tendered his resignation to Go..sesevernment. He wae
seal aware that it was to the power of the (levee:seem to
supersede a chief justice in the Felonies, but he submitted that
.11._a were within the power of tlee Government, it was con-
zsrarreyoentaeget,,h,dethipei:ritoovfthe honstitution, that, for the sake of
should supersede those who held
Lteeedatshittete,eit7irse. any' part of the Queen's dominions. He be-
Henr Roper was in the seventh year of the
jeerTnance of his duties as Chief Justice of Bombay. Five
Year. rs' service would gem to him a retiring pension of 7001. per
ee and seven years' service would have entitled him to a
whiping Pension of 1,0001. per year. The period of service
,:,f lemitiih would have entitled him to the full retiring pension,
eeett-sen.4 Per Year would have expired on the 2d of November
4,, Yet her Majesty's late President of the Board of Control
lia‘cli
~4' he would show to the House, perpetrated a job,. as. he
Sh!,n)iight proper to supersede Sir H. Roper by appointing
leavid Pollock, when there were yet four months to run
forepension Sir Henry Roper would be entitled to his full retiring
serious But this was not all. There was another and more
14 us • view of the case, and it was this—that by the
‘,O„ of the land, as soon as Mr. David Pollock
el:es,i)Pointed Chief Justice, be became legally Chief Justice ef
try77Y ; then all authority by which Sir Henry Roper
could
that
seledlately ceased. The result
of this was, that every
ti which should be held by Sir Henry Roper, between the
erth.ui
the appointment of Mr. David Pollock and the arrival
111,,e tie's of his appointment at the East Indies, would be an
that
tri
:Is
al) and every criminil who should be convicted—
the apl convicted—would stand before the
s es the co untry yas a murdered man, and that was one of
etittlsteri9ll in which her Majesty's late Ministers performed the
eel al duties of their places. At that very moment (he
It it know whether the Bill aas actually in the House, bet
tee t :Ire not he believed that it would be laid_ on the table
etho
ifrht) it bed been necessary to introduce into the
el ressenee of Parliament a Bill, which, under the title
If the East 'retie Pafreeage Bill, was in point
tee osut a Bill for concealing this nefarious job, and at
Th. -fie time to grant an indemnity to the perpetrators of it.
leti:lleet of the. appointment of Mr. David Pollock was to
*LI , 4 vacancy in the Commisslonership of Bankru tcy, with
th';eullter:wartt the private secretary of Lord Lyndhurst, and
lepers! l proceeding wa. this :—S.r Henry Roper was to he
haeded by the appointment of Mr. D. Pollock. which would
pelile,
_.th? office ef Chief Comrnesioner in Lenden fer the
the`°' Insolvent debtors vacant.. Mr. David Pollock was
n in his turn to be succeeded in office by Mr.. Phillips, e
ebtotnissionr of the Court of Bankruptcy at Liverpool, and
secretary'
tovacancy there, to which Mr. Perry, the private
tee"retare make
athss Lord Chancellor, had been since ap-
rnt,d:, ofHe (Lord George entinck) had nothing
, against the character of Mr. David Pei-
sia :ay he did not wish to say or to insinuate
bet'a he was unfit for the discharge of the high duties to which
.had been appointed. He believed that his legal attainments
eeerc great, and though he might be something out of practice,
wass'egarded the courts of that portion of the law which he
t,, to administer from having been now occupied for some
t_se an Insolvent Debtor ' Commissioner, he (Lord
!IT, ehfliadentiaineek) did not mean to say that he was not
office of Chief Justice of Bombay—though
lent out
being 65, was rather greater than that of those who were
Jtim.°Uthth the East Indies to fulfil the situation of Chief
itir:9llll4d generally attained. Well, then, with respect to
otainst hils 5 "M nothing to say against his character e r
easel en, e legal attainments. He believed that a more capable
relief oszetli, tin,g the office of Chief Commissioner for the
heir.) s 'l33oiverit debtors did not exist.—(Hear,
be imputed Med. °to efar as he was concerned it could not
eint. that he had taken any part in this job. The
W 1 which he
,f3ooe e bad vacated entitled him to a salary
which he
eticceee d Or annum, and the office
Per e e entitled him onl to a salart; 1,500/..
rittiilleel:er'eteePrivate reasons,andya feeling to which he would
is , foul:Wed upoadomestic calamity which he had met ,
the .--,e,"se Made it desirable to him personally to leave Liverpool,l 1
14 that ell whe,re he met with this calamity. If it should
settee r• I hillips was indebted for his promotion to that
uello; 4'4
e to the fulfilment of the wishes of the ex-Lord Chan-
(l. Ili udt to the patronage and friendship of another, who he
heeeera eorge Bentinck) might say, supplied the office of
iloveria Lurd Chancellor during the existence of the late
sitiese—lnt-performing the legislative duties in the other
'eteeill °` Parliament which were abandoned by others
Nttinstg those Part of defending her Majesty's Ministers
St le taut
attacks which were constantly made o.n
"%eel,: -"at Rouse, though not in this House, and upon their
Oeis di. and consistency in a late proceeding—that was
eletei'Paragement to Mr. Phillips, and he (Lord George
of /4) rejoiced. that Mr. Phillips, through the interference
it, Were li,er°ugharn, should have obtained the appointment, if ine,tio elle
his interference that he did obtain that
e; make e could not say that he had no charge
h'i his Re,, , against Lord Brougham as to the reward
gins, ;rite and teal in the defence of her Majesty's Ate
Itid g.re- ,'Tqa or, hat which was intended to have soothed
ut tee "ud his Peelin When he came to another part
he is rase, and gs.
le es Isetre,looked at the appointment of Mr. Perry
. *try eu to say that he thought it was a very great job; Mr.
ha th' as he believed had had no practice for some years
~,,,,i.: courts of law,'an , as
d he was informed, he was aceem-
10,rder te ts'il, Liveepool by Mr. Commissioner Conroy in
it.seltreata e-arse him in the new duties he had to perform. He
-'de h - c/r this matter as though it was an appomtmen
*ell Zathe Lord Chancellor, Lord Lyndhurst, but, as he was
th": Ch-r: the appointment did not rest in the gift. of the
t-e Boardaec%'or, but it rested in the gift of the President of
tllell °` ‘eontrol. He believed that the appoint.nent was
er
hi hei,,?re!d upon Mr. Perry, unsought and unasked
ttat fat : in fact, it was actually pressed upon him
e cared ~ President of the Board of Control.
''rd
Lveetterhether the appointment
.was to be attributed to
te‘he emitti_uret or the Earl of Ripon, it was a job, and one of
latemtue_esartous job eerpetrated It would
.be for he
to
Sit „,,,-t °Pliosite to showme justification of tt, ands.
r.d._ ~...-e: tieliedetr of a similsaorkin-d.ltcame with peculiar
elgruelietrest, who
had e present and from Lord
tGovernment,exhibited such feelings in 1841 with,
....._ n to it ; . ;ran ;y for ritable Trusts Bill • =A more , profit-
d ne.ver been diselaYed
thidivifeeretaveZn'ittetsPaatittrl°iltarentrhaasted very strikingly with the
°rfolksle , std with regard to the Lord-Lieutsnaney
,40
Was
entitled ire wee,
J vacant. There was a man, however,
what the i to the latter' dignity, bit he was guilty of
Ilase-rteretteltyateof Pet Minister could not overlook—he
thee" crime of consistency with his
tipt°
nei Political opinions and fidelity to his former
thirty de, The appointment was, therefore, left vacant for
He I,llaYs until the present Government came into power.
bents Lewd George Bentinck) thought he. had. stated staffi-
Zt title him to call for an investigation of the cir-
o't:bceens connected
. with that appointment ; and
. he
ILoSght he had a right to ask why so great an infraction of
constitution had taken place, as well as to ask for all
Neorrespondence which related the appointment of Mr.
And when that corre-
iposOeeelt as Chief Justice of Bembay
r" nee was produced, he thought the country would be clis-
e,e9. to agree with him in believing that her Majesty's late
reiet?sters were not the only men is the country capable of ad-
theterin n• g the affairs of government.. He recollected that on
len Vit which proved fatal to the existence of the late Admi •
ht ration it was observed by some that there were no other men
tlteeth° country capable of carrying on the government—that.
%ties:ere the Only men who could be trusted with the appetrit-
Shet-thSu the bench. In reference to this he would observe
etoe,t the
had an opportunity of judging of this, from the
lun-
Nee.% innouncement which had been made by the ate
su„ovie-e,Tr of the Exchequer. He would now conclude by
kee lateeior the production of the correspondence relative to
-ereib„„.lPPointrnent of Mr. Pollock as Chief Justice of
"pith
5
11"hith ~.. C. HORHOUSE said, in answer to the appeal
444 he been made to him by the Noble Lerd, the best
Zitt 'at etteueetld do was to state the facts of the case, as
ante he
of them. Shortly after he entered
had his
-tent. es of President of the Board of Control he ha
elt. toe
ea,
letiese "ed to the appointment of Mr. Pollock as
ttief:Vnit,o?!h,Rotnbey. ()n looking over the correspondence
kr, fsd 41%7', aPpeintment,he found. that certain irregulari-
Peke': heel teleace in connexion with it, which made it neces-
id I that uptisult the law officers f the Crown. It ap-
nf le the „sir Henry Roper, the late Chief Justice,
but ;NI. ee,7417 part of last year written to the Earl
teedierleestie rrealling a desire to retire from his situation,
he latelY bpi tchat his retirement should not acceptedim-
- noted ' 'retni the 2d November following, at which time
%tee be .
oe es', nem& reed to recetve the pension for seven yeers'
til-Catl fite Y;alrsll,otrie the otter . whereas, if he retired at the. expootra-
he 4th *Would be only entitled27th Atoiarreehce,ivaends
arrived in England.on the on!.
-"11 b of Mae following the Earl of Ripon, having
ale her Ma
eetiatier, , testy pleasure on the subject, .
elven) 'rota tee time requested, so as to entitle him to the
letterstr.tirar:'teuPee_!°_sion Lord Ripon wrote in consequence to
e, Patent thh.per.riSecrehtary for the Colonies, to make out
office on Mr. Pollock from the 2d
13,,,,,:i which f" t
•act Wasnagtttheesaine time communicated to the
404 ofoDirectors of the East India Company. Mr. Glad-
eeae, wr le to the Earl of Ripon, saying that the appointment
eppoinnot be made in that Corm—'het a judge could not be
f
Illpoe ted in prospective. In reply to this the Earl o
be wrote hack, desiring that letters patent should
and tint, appointing Mr. Pollock Chief Justice forthwith;
Chief eccorslingly letters patent were made out appointing. him
the Justice from the Ist July, and a clause was inserted in
e; Patent annulling the patent of Sir.tHenryclr :rienr..l
snits
vo.".sequence of this was, that all the cm and
leule,ll took place before Sir Henry Roper after that were not
thß!l, as he ceased to be Lord Chief Justice. For this state of
of
e, ggs, y the ad v toe of the
ocAetetdoirnogesy:uGeannerAac,t
of Parlia
h,-Qnght ibn
to legalise the pr
'ent was considered to be the only remedyt,panrldiaamßendtl.folrllethgaatl
Per lure the other House o a
Stleiregleualaernaeswthhese proeeledftin s were, he was bound to state 1
that they were net enusua , trga similar course had been fre- l
tluently ad ,pted by former Governmeists. Having stated thus 1
rtiaeh- he did n t consider it necessary to say more. When the
b 441, which was before the, other House of Parliament, came
n there, tilt' weole subject might b. e diseussed,
at prese,nt he did u••t consids,r it rght to
t% further into the 14
uett;i,m; an . if his Noble
Cfnit(Lerd George Bereinck ) wished fur any additional
tr:°,ll.o%aotion whice he could give him, he would be most haepy
4 %trv,J W. HOGG was bound to say that the course adopted
tiee Ist. Gevernment in re'erenee to the appointmentfer
l'et •;"e Ct ief Justice of Bombay was nut an unusual one, far
testa'4° liar proceeding had token piece during. the last ,
1 The reason of it was obvious, for if the Judge?
' i°tit -4:la did net notify to - the Home Government their
P" foredo to resign, their successers.
.could nor be ap-
i'liet, e in time to' carry on the administration of justice.
o,ts were h r appointment of Governors-
, law, then every et e
niers' in India had been deem on the same principle. Every
":loit that had been issued in regard to India was
latriie,,'lsncitthhee.iiatvrteres erded so as only to take effect ont the
worded
in India. The
the irk' invariablyYwals, that the old governor hporuolsdlsaiodftmlistsewr
produceds his letters
pa, 'W till the new one arrived,
teeecut:ru?emmission, as the case It
b
might be. be. as right that
cor,dee.o
.should know exactly how thehseasmhaetthear(st haddescrieheend
the 'ed in India, and they were such
..eut to he
s tie •
the u ATTORNEY-GENERAL saill the obserfevawtiownosrdosf.
The e,°'4- Baronet required that he should say. a
the late
Attar""n• Baronet h a referred to the
opinionof answer,
thettne'e- General (Sir W. Follett ), but to that he would
the f." 'Tinton he was about to give hadtl sanction of
late Attorney-
lee
Chief Baron of the Exchequer, the
leeee'r,ser the preeent. Lord Chancellor, and he believed the late
new e4nameellor el Now the law of the case was, wizen a
le so.
%tee,' hers patent was issued to revoke the old one, under
le '" a Geverner-General 1 an other officer in India. acted....
.ie ea,,„_ t nera or y . .
all sLeen under consideration was iss ied in the usual form t
tleteseel letters patent. It was worded in the customary way,.
Chl:fritt the aPpotiement of Mr. David Pollock to the office of
Preeelitssiee, and containing the usual. clause revoking "
wree, ' Patent appointing Sir Edward Roper. The
1114 to' matter teas, therefere, perfectly regular,
accord-
Sit ',he Usual form in which such appointments were made.
and
Qt.. u• W• HOGG wished. to know if it was lawful for the
East'n to appoint the parties without the certificate of the
India Co,
ile A °°Par'Y '
Ale TTORNEY- GENERAL intimated that it was.
tiketetthaienit•ise.,:t NVO A TL leY was not prepared to say at that moment
poi, was illegal to issue a patent for giving effect to an an-
on a future day, even though the office might be full
Nobj Line !Inch issue was made. He trusted, therefore, the
ee..ne Lord the Member- for 'Lynn,' after • what had
LP" slhi' ''''",!(l be satisfied that in Phis re.
e(M t ' Pat(llt was issued in the usual way.
tlen, wool S.
Wortley), however, while speaking tn• this ques-
t"Mi not glow the opportunity to pass without bearing