The Sun.
London, England, 1832-06-15 00:00:00

be called to the bar, this answer to them might be—'
you have 1) alt been in gaol"—(A laugh)—and yet these
two Hon. Gentlemen were thought good enough to repre-
sent Westminster, beside one of them being one of his Ma-
jesty', Ministers. In his opinion the law much wanted
reforming, though he did not expect to see that Reform
take place in the present Perliantent. The Hon. and
Learned Member for Stafford seemed to think that all
lawyers were ex-officio honourable ; but he (Mr. H.) very
much douloed that. It was not, in his opinion, honour-
able that the sons of Judges always got on better iu West-
minster Hall than other young beginners ; it was not, in
his opinion, honourable that the present Lord Ellenbo-
rough should receive a sum of money from every suitor
that went into the Court of King's Bench.
Mr. LENNARD thought that if the Benethers were a
private society, it would be unfair to press any individual
upon them ; but the execution of their official duty con-
cerned the public; and, therefore, the public had a right
to inquire.
Mr. J. WILLIAMS did not think that the case stated
called for any interference on the part of the House.
Mr. HARVEY rose to reply. The Hon. Member
expressed himself gratified at the opportunity which the
Hon. and Learned Gentleman (the Attorney-General)
had afforded him of explaining his conduct. The distance
of time that had elapsed since the cause of his complaint
eccurred, which had been used as an argument against
him, was, he was prepared to show, an arffument strongly
in his favoer. It was true that the inquiry took place in
1822, but it was likewise true that until 1826, he had no
teat in the house, and was in no condition of prosecuting
the matter satisfactorily. He conceived that evety Gen-
tleman who heard him would sympathize with him when
avowing his sense of the difficulty of bringing forward
personal statements, and those, too, against persons in
authority. He would further acknowledge that, until the
present Parliament, and until a late period of this Parlia-
silent, he was of opinion that to bring his motion forward
would be to subject it to an instant negative. Yet he
could assure the House that he had not slumbered. When
the law commission was appointed, he wrote to its 'Mem-
bere, who had consulted him on certain legal subjects, and
implored them to remedy the system by which he bad
been aggrieved. The secretary replied, that the commis-
sioners did not consider the practice as coming within the
scope and purpose of their appointment. An eminent
!statesman, Mr. Canning, had expressed a wish for in-
quiry to the Attorney
-General of the day, and the result
of the inquiry vvas—that there was no remedy. The un-
generous manner of the present Attorney-General obliged
him to touch upon some points on which he should other-
wise have declined to enter. He would ask for what
place did he sit as a representative in that House? He
had no mercenary seat, but had been returned by the
spirit of affectionate kindness and hatred of oppression in
defiance of great wealth and influence. For five successive
times had he been so returned, and might he not be allowed
to call this five vindications, being, as he was, a man;
of humble station—one who not wish to throw his
lowly fortunes into the shade, but was proud to stand
by the section of the community to which he belonged.—
(Cheers.)
He had not appealed to his constituents on politi-
cal
grounds—he had appealed to them on the persecutions
to which he had been exposed, and he had been elected,
not as the delegate of any party, but as art honest repre-
sentative of the people, determined fearlessly to do his duty.
He would say that the Hon. and Learned Gentleman had
on this occasion acted a part unbecoming himself. He
had stated that he had been one of his counsel, and he
was now his enemy.—(Hear.) Who, he would ask, was
the Hon. and Learned Gentleman's colleague in the case ?
Why, the present Lord Chancellor, who had not been
_twenty-four hours on the woolsack until he had appointed
h Comm (llr. Harvey) to the Secretaryship of the Charity ,
ission. Thus had the abler of hie two advocates
testified his opinion of his conduct, and he would rest upon
that testimony. He would now advert to the two cases
iis n which he had been concerned. These cases were tried
1810, and in 1813 he was admitted as a law student
in the face of a full knowledge of the facts. In ISIS he I
jwas admitted to enter into fellowship. Why were not ob-
ections made at either of these periods ? But no ; his
money Was taken, his bond was received, he dined in the
same hall with the Benchers for three years, and not an
opposing word was advanced until his title was perfected,
and until he hall abandoned
lucrative profession. He
was an attorney, and attorneys were amenable to the rules
of the Court of King's Bench, yet no intimation had been
made to that Court to exercise its summary jurisdiction
against him. No charge had been preferred there,
because it was known that he must be called upon
to speak to facts upon oath. He would maintain that
the opposition he had experienced was entirely a political
and party proceeding—the triumph of on inquisitorial
and irresponsible body over individual character and for-
tune. 'With respect to the two cases. The first was a
case in which he (Mr. Harvey) was plaintiff, and a Mr.
Andrews defendant, in which a charge had been brought
against him (Mr. Harvey) that he had purloined papers,
and he brought his action for slander. The circum-
stances of that case were such as to entitle him to applause
instead of calumny ; but they were not mentioned at the
time. An action bad been brought by Andrews against
poor man for money. He (Mr. Harvey) defended the
than, and went to Mr. Andrews, on behalf of the man, to
try to settle it. Ile did so, and a day was appointed far
carrying the terms of the settlement into effect. He (Mr.
Harvey) and his client went to the office of Andrews, and
then round that he refused to conclude the agreement.
This did not affect him (Mr. Harvey), but Andrews said
that he (Mr. Harvey) had taken away the agreement. He
thereupon
(and lie was a fool for doing so) brought an
action against him in the Court of King's Bench ; for
Andrews put his brother into the box, who swore that he
saw him take away the paper. The second case was
simply this. He could trust his recollection of the circum-
stances, though twenty years had elapsed, for it had
exerted such influence upon his happiness that he could
not forget him. A person named Frost, who was older
than him, though they were both young men at the
time, was entitled jointly with his sister to a small
copyhold estate. He asked hint (Mr. Harvey) it
he was disposed to buy it of him. He replied
he bad no objection, provided his sister would sell
her part, and the father would also part with his inte-
rest. He asked 5001. for it, which he agreed to give.
lie mentioned it to his father and sister, and the old man
fixed 3001. for his daughter's interest and 1501. for his
"In making 4501. for what the son asked 5001. for his
part. He agreed to give it, and paid the money.
Some time after, a person applied to him (Mr. Harvey) to
sell it to him ; and as he had bought it to sell, and as the
purchaser was the only person to whom the estate could
be valuable, from the contiguity to his own, he (Mr.
Harvey) offered to take 5001. for his bargain. Ile
agreed to give it, and a regular agreement was preferred.
There were three agreements between himself and the
other parties respecting the estate. This was in 1810.
He received the 5001., and the other parties their propor-
tions. In 1813, there being a running account with this
gentleman and himself (Mr. Harvey,) the former went to
the very Mr. Andrews whom lie (Mr. Harvey) had pro-
,Secuted, to proceed against hint (Mr. Harvey). He
brought his action, and in the course of conversation,
'Peaking of this transaction, Andrews said, " Mr. Harvey
g°Ca considerable sum of money for that estate ; you may
get h back : no attorney can buy of his client ;" and he
advised him to get back the 5001. Time action was tried
at Chelmsford ; he (Mr. Harvey) applied to have the trial
Put off on account of the absence of a witness, but the
Judge refused. The Counsel for the plaintiff chose to cha-
racterise this transaction as a fraud, stating that he (Mr.
Hat eY) had been employed to sell the estate for the parties,
,
that he had put the SOO/. into his pocket kept it.
fraluied.had done so, be confessed it would have been a gross
te e t But was not the case. The Judge would not allow
he to be put off unless the 500/. was paid into Court
hie and as he had not at that time 500/. in
thet,,Poeket, and as nothing would satisfy the plaintiff but
called ter"'
a verdict went against him. When be was
the upon to explain this transaction before the Benchers
Y had taken the facts from the statement of Counsel,
as if be (Mr. of had really been employed to sell the
estate for the othe 3')
book, hi,
cier, r party. He offered to produce the day-
Committee of Commie '
K the stamp agent, and the report of the
ling that conduct had n Council of Bishopsgate Ward, sta-
that a man should be taus fitting
been strictly upright. Was t.tb
The Hon. and Learnedus condemned by a secret tribunal?
unsaali,ll
there had been a committee
Attorney-General
justice
wouldr he second
aof lOtbuetion for laying the result ofl that inquiry on the table
that It House? The Hon. Member concluded by affirming
never bad done, and never would do, any thing to
tarnish
DI es , the honour of the bar, or the character of a
jif:toth_e Legislature.
fession, eeneK E R could not, in his view of the legal pro-
down by theytilnenthe general principles of Legislation laic
trut
vinced of the hHor. Member. Though he were con-
his statement, that was not a suffi-
cient ground to
further inquiry :',ll'et a general rule of all cases, after no
with in his own casee.alle than he had favoured the Houst
In voting against his motion, ht
gave no opinion on his ease ; he proceeded on the general
Principle.
The House then divided—,
Ayes ................................
52
Noes ................................. .. ..........................
Majority aesainst.iTlZ.;;Z.- ............. —l6
~Mr.fib
HARVEY then moved
tit direct the Commissioner, of Inquiaddressry into the procee-