The Sun.
London, England, 1821-07-11 00:00:00

again It the exercise of such a discretion on the part of
aist.frs.
i tie CHANCELLOR of the EXCIIEQIER remarked, if
the Petitioner were ignorant of the proceedings with respect to
M'Adarn. it is probable that he would have been equally
igraor,mt of any other proceeding of that llouse, for he knew of
niothing thetliad been more talked about.
CALCRA FT objected, not to the amount of the re-
rniveration, but to the manner in which it had been made.
't+e• decision of a Committee of that House wes not final. 'This
!cd ben lately s _•eri in the case of General Desfourneaux. Ile
ikad been voted 20,0001: in a Committee, but in the house when
e•-• 3 Tabieet had been brought forward, the Right Hon. Gentle-
tae.ti had bef'n left in a minority. The Petition was ordered to
printed.
Mr. BENNET, alluding to the grant of 4,0001. to Sir W.
A dam. for h's services in the Ophthalmic Institution by a Com-
hoped the Chancellor of the Exchequer would not ad-
vance to that •iadividual four thousand pence before the next
it'esqiti of P:trharnent. as he thott&7ht the subject ought to be
trceght under the consideration of the House, and wholly dis-
remted from the Report.
('OCIIT OF SESSION IN SCOTLAND.

Mr. HUME rose to present a Petition whiA
},ad been in his possession for a considerable
tkoe past, and which he had intended to present
!),,fore. from W. Jamieson, one of the Clerks of I►is

-Niajesty's Signet in Scotland, praying for all in

cony into the Acts of Sederunt of the Court of
!..;e.sion in Scotland, and especially into the Act
of Sedertint of 1510. The Hon. Member spoke
• at some length on the powers exercised at the
Court of Session, in declaring Acts of Parliament
to have fallen into desuetude ; thus in effect, alter-
ing the law. He thought it necessary that some
inquiry should take place ; and that measures
should. be adopted to guard against the as-
Irrlption of power on the part of Judges which
(-lid not belong to them. From the conduct of
some of them, it shoe Id seem that it was only
necessary now to put a wig on a man's bead,
and a gown on his back, to authorise him to
lecture any one. He adverted to the conduct
of a Law Officer in this country, who when
31/00 to pass sentence of death on a number
of criminals, had thought proper to indulge
in a digression, for the purpose of praising
the Bridge Street Association. For Judges to act '
a part like that which he had described, was, in
his opinion, to make an ill return for the honours
they received, and the confidence reposed in
them. He called on the Noble Marquis oppo-
cite, who had lectured Mcunbers over and over
again for digressing from the subject under de-
bate—(though any subject might fairly be brought
before that House)—to endeavour to check con-
duct like that of which he complained. Ile had
now to state that the .Magistrates of Montrose
having lately quarrelled among themselves, an ac-
tion was brought by one of the parties against the
other. The Judges unanimously decided on dis-
missing the suit with costs, and on that occasion
the Lord President Hope indulged in remarks not
growing out of the case before him, which he
thought would justify them in bringing him to
the Bar of the House ; but as the Speech con-
tained a charge against Ministers, lie should
leave it to them to take it up. lie then proceed-
ed to contend that the Lord President, in the
-teeth of what bad been stated in that House
three years ago by Ministers, said, that the new
Charter was quite unconstitutional, and the Ma-
gistrates must be cautious how they acted under
it, or criminal warrants might be issued against
diem.. He went on to state that the Magistrates
were in consequence.placed in a very awkward
situation, and that now if they were hammed
e.itere a thief was concealed they would be at a
Joss to know whether it would be safe for them
to issue a warrant for his apprehension. lie
Loped conduct like. that of Sir J. Silvester and
Lord President Hope would be discouraged, and
trusted that the latter would be brought to the
that- of that House in the course of the next Ses-
sion, and he (Mr. Hume), in that case, would be
ready to give the Noble Lord every assistance in
poWer. That which he recommended, if
dune, would teach the Lords of Session a good
le4;son, who, at present, seemed to think when
placed in that situation there were no limits to
their authority. If the Noble Lord would only
move for the appointment of a Committee he
(:-Zr. Hume) would pledge himself to prove what
he had advanced.—The Petition was then read.
The Petition was read. On the question that
it do lie on the table,
Lord BINNING said he did not mean to oppose
the Petition, but he would put it to the House
whether the Bench of Scotland, and the Lord
President Hope in particular, had not reason to
complain of the manner in which they had been
treated by the Hon. Member. He (Mr. Hume)
stated that he had the Petition a good while im
his possession, but was it not too much to keep
back a Petition involving the character of a
Judge of the land, until the last day of the Ses-
sion, when months must elapse before any expla-
nation could be given ? Of Mr. Jamieson lie
knew nothing, btit lie must protest against all
that the Hon. Member had said respecting the
Co-art of Session as totally groundless, and he
must add that the Hon. Member had made but
use of his discretion in bringing this sub-
ject forward as he had done. He denied that
the Judges superseded the law by Acts of Sede-
rtrnt-; and with respect to desuetude, be under-
st(iod applied •onlYtp certain Scottish laws,
atA;iot to any British ,Act of Parliament. lie
had no doubt this Petition would turn out to be
one of that class, of which they had already seen
but too many.
ford A. HAmtr.'ropt complained of the hard-
ship of 'Wowing the Judges to declare which
laws should be held, in force, and which in
desuetude,

Mr. litimE said, what the Noble Lord had
stated was merely his own opinion, arid was no
doubt entitled to all the weight which was due
to a supporter of the existing. order of things in
Scotland. So wedded was the Noble Lord to
the abuses which existed in that country, that he
(Mr. Hume) believed if they .were,sliewn to be
as black as ink, it would be impossible to induce
him (Lord Binning) to remove them, Be re-
peated, that the charges of overbearing, conduct
on the part of the. Lord President Hope were
true, and admitted of no justifica•tion, lie had
on one occasion ordered apers.on, from the Bar,
dctlaring that acts.cif sedonini Eireu/d supersede
the law of the land. • • •

,Lord LinonNo-said, it was impOssible. for tiiri7,
rto allow the speech of the Hon. Member to go
Portia vitt:4a sohle-riithark. He. Otr. Mit/10
sleight form what opinions he pleased about his