The Sun.
London, England, 1856-02-15 00:00:00

a blind judge, he could not conceive how it could be re- r
sisted. It might be said that Judge Peuntftther need not
take these cases, but he (SirJ. Shelley) found that the next
Judge on that circuit would bo Judge Torrens, who, he be-
lieved, was still more infirm than Baron Pennefather ; the
return, however, which he should move for would, if
granted, show whether he bad over-stated the case, though
he had been informed that Judge Torrens had frequently
been obliged to refrain from attending to the business of
'his court. He had understood that the judges in Ireland
had no retiring pension, but he found that that was not so,
and therefore it did appear peculiar that they should not
take advantage of it. The hon. baronet then referred to the
retirement from the bench on a pension, some years ago, of
Mr. Justice Edward Pennefather, a younger brother of
Mr. Baron Pennefather, and said that they had had of late
some examples of English judges voluntarily retiring from
the bench, and amongst others he might mention the names
of Lord Denman and Mr. Justice Patteson, as to whom all
would allow he had shown vigour and great capacity in
transacting business, for he had ably conducted the impor-
tant inquiry into the Corporation of the City of London.
(Hear, hear.) This able judge retired from the bench be-
cause he had become deaf. A friend one day said to him.
" Why, you are perfectly well, for you can hear me ;"
and the answer was, " It is true I can hear you, and I can
also hear the counsel plead before' me but I find when
women and children and nervous persons are under exanii-
nation, that I do not hear them unless I make them speak
very loud in giving their evidence, and this I feel to be bad
for the proper administration of justice, and therefore
shall retire.' This was highly commendable in the learned
Thou, again, with regard to Mr. Justice Alaule, he
had retired from the bench because, through illness, he
could not perform the business on circuit. He felt that if
he were not able to go through the circuit, he ought in jus-
tice to retire from the bench. He hoped that, if this motion
were granted, it would have the effect of making these
venerable men feel that they ought, in justice to the Irish
Public, to give up their seats on the bench, and he could
not help thinking that the Government ought to put a stop
to those things, which might be considered a scandal to the
Irish bench. He regretted that men, when the evening of
their lives had come upon them, and when they had had a
Warning that they would soon be called on to leave this
world, did not withdraw into private life and the society
of their friends and relations, rather than expose them-
selves to the public gaze. He thought that the return he
should move for ought to be made, if only in justice to
these venerable men, and he hoped he had not been led
into saying anything against them which could give offence,
as the only thing against which ho regretted was, that they
Were no longer able to perform their duties with satisfac-
tion to themselves or with justice to the public. (Hear.)
The motion having been put by the SPEAKER,
Mr. KENNEDY said ho should move as an amendment
that the words "in Ireland" be omitted.
After a short pause,

Nr. NAPIER rose and said he certainly expected that
these venerable judges would not have been deserted by
Ler Majesty's Government. (Hear, hear.) He would
state that it was of immense importance to sup-
port the courts of justice in Irelaud, and ho 'asked the
house not to allow an hon. member to subject those judges
of the land to allegations of misconduct and improper con-
duct. What did they expect from the people of Ireland, if
these high.and venerable magistrates were to be subjected
to such attacks, and left unprotected by her Majesty's Go-
vernment. But the hon. baronet had not been content in
dragging the infirmities of living men before the house, but
he had opened the grave to pass comments upon the dead
--upon a man who was distinguished in his profession.
The late Mr. Justice E. Pennefather was a learned man,
as upright man, an impartial man, and as good a man as
ever lived in Ireland or England, and his memory had not
been left untouched by the hon. baronet. Was that
justice ? The infirmities of Justice Pennefather were not
the only ones referred to, but his own infirmities were
dragged before the house. (Hear, hear.) He did admit
that there was a time when it would have been the proudest
gratification of his ambition to have had a seat upon the
bench, but if he had expected such a proceeding as the
present—such an attack upon the bench—he would rather
nave stripped the gown he was entitled to wear than tee
subject to such a scandal. (Hear, hear.) What was this
attack upon the judges for misconduct? Had a suitor suf-
fered ? Had Rey proceeding, criminal or civil, suffered ?
No. It was not pretended in that house that any man had
suffered any injustice. He would ask what was themeaning
of the " independence of the judges?" Was it for the per-
sonal advantage of the judges? No; but it was bestowed
upon them for the good of the people. The judges had to de-
cide questions between the Crown and the subject, and,
therefore, of all men, they ought to be independent. But look
in what a position they would place the judges if this mo-
tion were agreed to. A friendly Government would not
See the infirmities ofenen, but if the Government were un-
friendly, they would wish to remove them from their posi-
tion. Heremembered when Ba:ron Smith was attacked in the
house. He remembered the memorable speech of Sir R.
Peel on that occasion, which redouuded to the honour of
that great statesman. What did they propose to do in this
ease? Let them take the case of Chief Baron Lefroy. He
did not believe that at that moment they had an abler judge
,seft judge more competent to administer every branch of
law—than ChiefJusticeLefroy. What was the allegation
against him ? Simply that he was an old man. Was that
A disqualification in that house ? He saw men in that house
eminent for judgment and wisdom, combining the experi-
ence of age with the energy of younger years. Was that
A disadvantage? What was the case of Baron Pennefather?
Re was a very remarkable man, more so than any man in
that country. Of late 2or 3 remarkable cases had come
before him. Since the time of the Common Law Pro-
cedar° Act, a consolidated Nisi Prius Court had been esta-
blished ; and in that court he had frequently presided.
Rea had asked a gentleman practising in that court whether
Baron Pennefather had shown symptoms of breaking up,
lad he was assured that he never had shown more vigour
and ability than when presiding in the Court of Exchequer.
14.0 one who had presided in any court in Ireland had been
egarded with more respect and veneration than Baron
Pennefather. Lot them see what they are now asked to
do. There' was, first of all a motion fur an inquiry, but
that was abandoned. During 35 years that he had
been judge_ he had never been absent but on one oc-
casion from circuit, and then only when his only
son was- dangerously ill. That and one other
was the only oceasiou. (Hear, hear.) Ho did not know
that Chief Justice Lefroy had been ever absent. Mr. Jus-
tice Torrens had been three years on the bench ; he hod
been absent once. Six of the Irish judges had been men-
tioned to the House—and they expected the people of Ireland
to obey the laws which were administered by those men ;
and this was listened to in silence by her Majesty's Go-
vernment—that six of her Majesty's judges in Ireland were
incapable tof acting from their infirmities. Ho insisted
that the House could not, and ought not, to interfere
in this question without au address to the Crown. It was
in the nature of a criminal proceeding. And what was the
nature of the crime? That they were old men. (Cheers )
The question of incapacity was a matter of proof, afid net
a shadow of proof had been advanced against Chief Justice
Lefroy. The house was aware that an attempt was m ids
hug ago to remove Baron Pennefather—(cheers)—an at-
tempt which was repeated more than once. It was the
opinion of the Government that ho ought to have retired,
that, in other words, he ought to give way, or means
would be found to make him give way by the agency• of
the House of Commons. (Cheers.) Anti what was the
testimony of the barons Of hia own court? He had a let
ter from. Cleief __Baron- Pigot on that subject, which ho
Would proceed to read to the house
22, Stephen's-green, Feb. 12, 1853.
"My dear Napier,—You request me to acquaint you
With my opinion of Baron Pennefather'e 'capacity and the
assistance which he is able to give in discharging the judi-
cial business of the Court of Exchequer.' In my judgment
Baron Pennefather's capacity is as great as I have ever
known it. I have found no diminution in the value of the
assistance given by him in discharging the judicial business
of our court. I ought, I think, to state, that as long as I
have known him he has been in the habit of desiring the
Material parts of documents to be read out in court, rarely
Perusing them on the bench, and apparently relying (pro-
bably.from long practice as from early self-discipline) upon
the singular memory with which he is gifted. In the readi-
tees, accuracy, and tenacity of that memory; in quickness
of apprehending and collecting facts, dates, and arguments ;
in hearingein voice, in reasoning powers, whetherdisplayed
in consultation with his colleagues or in explaining the
grounds of his judgments; and in the use of all these fa-
culties, while applying his great knowledge and experience
to the practical despatch of business in tho court, he exhibits
the same clearness, acuteness, and vigour which have
always distinguished him. It is difficult to convey to those
who have not seen him engaged in that business the amount
and the value of tan aid which he contributes towards its
execution. It is unspeakably painful to me to communi-
cate in this manner upon such a subject as that of the
qualifications of one of my colleagues on the bench. I col-
lect from your letter that you seek this information with a
view to an expected proceeding of which you understand
that one of the objects is to assail Baron Pennefather, and
with a desire to defend him, if so assailed. Lot me freely
say, that nothing else could justiy the inquiry, or induce
me to answer it. But I feel that I should act a tame and
Unworthy part towards a judge before I practised much in
my busiest years at the bar, and towards a colleague frorti.
whose great qualities I have received the most valuable
assistance, rendered with the most frank and cordial co-
operatien for more than nine years upon the bench, if I
withheld this reply. I have, howeveli, gush a repugnance
to the bringing of a correspondence of this nature before the
public, that I cannot authorise you to make any .use, cave
a private one, of this letter, unless a reference to it in
another way shall become essential for the interests or
character of Baron Pennefather. I think the Attorney-
General ought to be apprised of any communication which
takes place between us on such a subject us this I shall,
therefore, send him a copy of this letter, and shall state to
him the substance of yours.-1 remaiir, my dear Napier,

very truly yours, " 13. R. PIGOT.
" The Right Hon. Joseph Napier, M.P."
The Chief Baron had sent a copy of this letter to the
Attorney-General for Ireland. Chief Baron Richards
writes as follows :
" Incumbent Estates Commission, 14, Hens ietta-st.,
Dublin, Feb. 4,185 G.
" Dear Napier,—ln reply to your letter, this moment
received, I am happy to have an opportunity of expressing
any full concurrence in the general opinion entertained in
this country as to the judicial of of my most excellent
friend. Baron Pennefather. With regard to the unfortunate
infirmity of sight under which he has latterly laboured, I
can only say that during the time I have had the honour and
pleasure of sitting beside him on the Exchequer bench, up
to the present moment, I have never known of any incou-
venience to the public having arisen from that cause. His
memory and vigour of mind are most extraordinary, and
I can bear full testimony to his great power of taking up
facts, and to his general aptitude for business, notwith-
standing the infirmity to which I have alluded.—Yours
very faithfully, " JOHN RICIIARDS.
" For the Right Hon. Joseph Napier."
Baron Greene says :

" Stephen's-green, Feb. 4, 1856.
" My dear Napier,•_According to the Times newspaper,
Mr. T. Chambers, and not SirJ. Shelley, is to bring forward
the subject of the present state of the judicial bench in Ire-
land; It would appear from a paragraph in the same paper,
that the motion, although general in its terms, is levelled
principally against our brother Pennefather. You are
aware that it was his turn to Bit during the last term in the
Consolidated Nisi Prins Court. Notwithstanding his duties
there, he sat with us in the Exchequer almost every day
until an unusually late hour, the business of the court
having been of more than ordinary extent. Ido not think
that I have ever known him display greater ability, judg-
ment, or general efficiency than during this period. His
profound legal knowledge, sagacity, and wonderful memory
have not been more conspicuous at any time since I first
knew him. We have all, I feel sure, entertained the utmost
deference to his opinions. For myself, I can truly say that
I skould feel thegreatest distrust in any one of minein which
I might unfortunately differ from him. His j udgment in the
case of Kelly v. Thewles, in which I was one of his col
leagues, excited the admiration of all who heard or road it.
And his exposition of the law in the recent case of Butler v.