The Sun.
London, England, 1844-11-06 00:00:00

SPIRIT of the PUBLIC JOURNALS.
FROM THE EVENING PAPERS OF YESTERDAY.
GLOBE.—We are glad to add our own hearty tri-
bute to the general satisfaction with which the a.)-
pointment of Mr. Erle to the vacant Judgeship has
been welcomed. Men of all parties confess that, in
plain language, there was no one in the field whose
claim ranked so high ; and through the very rare con-
currence in him of great powers with amiable and
honourable qualities, there is perhaps scarcely
a barrister on his side of Westminster Hall,
however slight his personal acquaintance with him,
to whom the news of his elevation did not convey the
thrill of pleasure with which we receive the tidings
of the good fortune of a friend. As to what are
called party claims for preferment, lawyers, we be-
lieve, think little abont them ; the public, which has
the substantial interest in the appointment of good
Judges, still less; the Rigby, Tadpole, and Taper
generation must settle this fresh ground of quarrel
with Sir Robert as they may. There is one
point of view, and one only, in which we hail
the elevation of this accomplished lawyer with
feelings approaching to regret. The vacant place
was in the Court of Common Pleas ; and thus the
Court which has the least work to do, which from
its admirable medimval constitution is expressly cal-
culated to do as little work as possible, receives
a fresh addition of vigour at a time when the
judges of both the other Courts are notoriously
overtasked. This is the more vexatious, as the
same Court enlisted the last young and
hearty recruit in the person of Mr. Justice Cress-
well. Both these juvenile and energetic spirits will
vegetate in a region whose climate seems to render
exertion as impossible as it is needless—the very
Castle of Indolence, where
" No living wight could work, ne cared even to play"—
where the judicial pun falls rare and pointless, and
the advocate fights as one who beateth the air.
The prospect of such ease after a hard-working
period of honourable toil may he pleasant enough
to Sir William Erie ; but for our parts, when we see
youth and strength taking their ease in the Park at
three o'clock, while the veteran part of the judicial
corps is grinding on through its ever-growing heap
of business till long after the candle-lighting hour of a
London November, we feel continually reminded of that
most unequal division of labour in the old apologue,
when the son rode the ass while his aged father walked
by its side. Seriously speaking, it is very strange that
no steps are taken towards the abatement of this most
real grievance. We all know that the business of
circuit is literally too great for the judicial strength
—men endowed with no more than ordinary
nerves and viscera can scarcely stand it. The
latest example of failure is that of the excellent
and amiable judge whom Mr. Erle succeeds,
and whose health we trust will yet be restored to
him, though he is lost to the profession, at least
in his recent character. The least fatiguing por-
tion of their duties is that performed in London.
It is really of no small consequence that their
labours should be lightened as far as they can be,
during this period, by equal repartition. It is of
much greater and more obvious importance to
the public that the avenues of justice, clogged as
they are with delay and expense, should be disem-
barrassed, as far as possible with the aid of the
present machinery, before we are forced to put on
additional power. There is a very large amount of
business, connected with the public interests, which
can only be disposed of, according to existing law, by
the Court of Queen's Bench. There is another smaller
portion, which is appropriated to the Exchequer. The
Court of Common Pleas—since the last apparition of
the belted knights, who were wont to decide on pleas
of land—enjoys a delightful exemption from all busi-
ness of its own; excepting some infinitesimal doses of
work administered to it by recent statutes. The ad-
ministration of private justice is open to all the three.
The Common Pleas, in common justice, should exe-
cute as much of it as both the others together. It
executes, probably, not half as much as either. The
great body of the bar are excluded from practising
in it by an arbitrary and absurd regulation. Wil-
liam IV. tried to remove this, along with other anti-
quated nuisances. Tie carried Reform ; but he could
not open the Common Pleas. The Sergeants made
better fight than the Boroughmongers. There is not
a single reason advanced, or attempted, in favour of
the existing practice ; and yet—so powerful are the
sons of Zeruiah—we feel almost tempted to prophesy
that the Union will be repealed, the debt of Pensyl-
vania paid, Young England in power, and balloons
made serviceable, before " the Court of Common Pleas
is opened."
STANDARD.—Mr. Erie has succeeded to Mr.
Justice Erskine upon the bench of the Common
Pleas. Mr. Erie's professional eminence fully justi-
fies his promotion, which gives great satisfaction at
the bar; not less satisfaction because the Learned
Judge's elevation cannot be ascribed to political prefe-
rence, inasmuch as his politics, as far as they could be
known through the moderation of his demeanour, were
opposed to those of the present Government. Nothing
has tended more strongly to preserve the veneration
of the country to our judges, and to sustain the cha-
racter of the bar, than the perfect impartiality with
which judicial seats have been almost uniformly
bestowed, we should say with absolute uniformity,
but for some deviations between 1830 and 1841.
However, the character of a class is determined by
the preponderance of usage in such matters, and
the usage has greatly preponderated in favour
of a total disregard of political and party con-
siderations in the selection of judges. There
may be some young men, or persons with short
memories, who regret that Sir Robert Peel and
Lord Lyndhurst did not so far imitate the Whigs
as to look for Mr. Justice Erskine's successor among
their own political friends. In reverting to the
old practice, however, the" Ministers have best served
the Conservative party, by placing its conduct in
honourable contrast with that of the Whigs whew
in office. No party ever lost anything by a wise
and just use of power, when it possessed
power. It was the four months' administration
of - Christmas, 1834, that laid the founds-
tiQn of the Conservative administration of
1841, which has already lasted three years, and
promises to last three times three and more.