The Sun.
London, England, 1842-02-11 00:00:00

iisey were placed in a high station, they had large salaries, their
nomination was for life, and they had retiring pensions when
they were unable to perform their duties. The performance of
those ditties ought to be strictly observed by the public and Par-
liament. Generally speaking, the Judges had very little
reason to complain of the mode in which they were treated
by Parliament and the public. When Judges were placed in
such high stations he thought it but right that they should ex-
pect such a full and entire devotion to their judicial duties, that
nothing of a party or political character should attach to them.
---( Hear.) The circumstances which had occurred, and which
were certainly, he thought, circumstances of suspicion, were,
that no sooner was one set of Ministers changed for another, than
two of the highest persons, the one the Chief Justice of the ,
Queen's Bench in Ireland, and the other the Law President of ,
the Court of Session in Scotland, resigned their offices, and ac-
cepted
their retirement. Now, such a circumstance upon the face
of it, must lead to one of two conclusions, either that those high
officers felt they were unfit to porform their duties properly, I
or that they had 'resigned their _ offices into the hands of
those whom they considered their friends, in order that they
might have the oppertunity of filling up these judicial situations.
One of these two cases appeared probable, otherwise it was
hardly likely that two such extraordinary events should have
been contemporanedus; but it might be explained by the letters
fur which he moved, that, singular as the case might be, it did
happen in September or October, 1841, that illness was the
cause of the resignation of both Judges. If the letters, or the
statement which might be made to the House, should prove
this, ail suspicion would be removed. At the same time, there
were some extraordinary circumstances which it was necessary
to explain. One was, that the Chief Justice of the Queen's
Bench in Ireland had for some time been very seldom able to
perform his duties.—( Hear, hear.) The other was, that when ,
the Lord President of the Court of Session in Scotland re-
signed, a near relation was appointed to the vacancy.-:--( Hear,
hear.) Now, really it was suspicious that these Judges
should have retained their situations until they could
deliver them to their political friends.—( Hear, hear.) But
considering the eminent station they filled, and the purity of
character they ought to maintain and the pains they ought
to take to keep clear of all political influences ; it would in-
deed be a very great misfortune if Judges were 30 to abuse
their position as to take advantage of the Act by which they
could not be deprived of their places for misconduct, except
by an address from both Houses of Parliament, so far as not
to consider the best mode of performing their honourable du-
ties so much ashow the Treasury Bench was occupied.--( Hear,
hear.) There could be no charge made against the Execu-
tive Government on account of this case. It was their duty
to accept the resignations when offered upon good and valid
grounds, and then to select men of legal ability in character to
fill the vacancies. Against the successors of the late Judges he
had nothing to say, for the names of the former were a
sufficient guarantee for the proper discharge of their functions.
It was not, therefore, with a view to make any c' arge against
the Executive Government, that he moved for those docu-
ments ; but he introduced the subject in order that its dis-
cussion might operate somewhat as a warning to persons in
the high stations of those learned personages, to show them
that they ought not to allow themselves to be guided by political
partiality, and that as Judges they should consider themselves
as totally removed from all parties, and not as partisans either
of the Whig or of the Tory side of the House.—(Hear, hear.)
With these few observations, he begged leave to move for
copies of the letters, according to the notice he had given.
Sir J. GRAHAM said, that before the Noble Lord had
risen for the purpose of explaining the reasons which had in-
duced him to bring forward the present motion, he confessed
that after the hest attention which he could give to the matter,
he remained in the greatest doubt as to what could have been
the moive or the intention of the Noble Lord. If the Noble
Lord had brought forward any accusation against the Govern-
ment, if he had-any doubt as to the purity.of their conduct, or
had any question to bring forward, touching the motives which
had induced them to give effect to those resignations, then he
would have been perfectly prepared tojustify the course they had
pursued. But the Noble Lord had said, that with respect to the
Executive Government he had no cause of complaint—that they
had no option in accepting those resignations when duly attesteu.
They had no alternative but to accept the resignations of parties
known for their long services, and to exercise their best dis-
cretion in advising the Crown with respect to the manner in
which the vacancy should be filled up. The Noble Lord had
admitted that he had no complaint to make of the manner in
which the Executive had discharged its duty; and he had
brought forward the present motion as it apps ared, not for the
purpose of reflecting on the characters of the two venerable
Judges who had lately retired from presiding, the one over the
Courts of Common Law in Ireland, and the other over the '
Judicature of Scotland. The Noble Lord said that he brought -
forward the motion in order that it might serve as a warning
to all future Judges not to follow their example. But he ( Sir
James Graham) so far from joining in the warning which had
been administered by the Noble. Lord, should say that these
Judges had left a bright example for the imitation of all who
might hereafter fill similar situations.—(Cries of " Hear," on
the Ministerial benches, and laughter from the Opposition.)
Tneir merits were, in Ms opinion, of the highest order; their
impartiality could not be impugned; and the testimony of the
bar in both countries was the evidence upon which he relied
when he made that assertion.—(Hear, hear.) With regard to
Chief Justice Bushe, he ( Sir James Graham) saw opposite a
Learned Gentieman who had of late years been opposed to that
Learned Judge, but still he was satisfied that, as a barrister of
distinction in Ireland, he would admit that the address which
had been presented to Chief Justice Bushe, on his retiring
from the Bench in Ireland, by Mr. Dickson, the father of the
Irish Bar, and which had been unanimously adopted, was a
sufficient proot of, the great admiration which was entertained
of the talents and conduct of that learned person, while it leit
nothing which he could himself desire on his retiring into private
life. He did not rise for the purpose of passing any eutogium on
the late Chief Justice of the Queen's Bench in Ireland, but he
would say that among the most distinguished men in Ireland
in those days of her glory, he stood prominently forward,
and lost nothing in comparison with such men as Grattan and
Curran, and Flood, and the other great men of that nation.—
Acid he did not think it advisable that the Noble Lord should,
now that the Lord Chief Justice of Ireland had retired into
private life, bring forward a motion to make his retirement a
warning to all other Judges._( Hear, and Ministerial cheers.).
With regaid to the Lord President of Scotland, he (Sir James
Graham), though he was not acquainted with him, had under-
stood that learned person had first presided as Lord Chief Jur.
tice Clerk, and had been afterwards Lord President of the
Courts of Scotland for many years, and he (Sir J. Graham)
had never understood until the present moment that his inte-
grity or conduct as a Judge had been called in question.—
( Cheers.) He for sometime thought that the intention of the
Noble Lord in bringing forward his motion was, that he was
anxious to inquire whether the present Government had fol-
lowed the example of the Government of which he (Lord J.
Russell was a member, in entering into negotiations—
( Loud Ministerial cheers)—whether the present Govern-
ment had employed the Solicitor-General to enter into
certain negotiations—(Cheers)—with respect to the Lord-Pre-
sistent's allowance—whether the Solicitor-General waited on
the Lord Advocate or Lord President to say that a Bill had
been introduced which would alter the rate of the retiring
allowance—( Loud cheers)—and when a vacancy should occur
to remove the Lord Advocate, and then that the Solicitor-
General should succeed him.—( Cheers.) He ( Sir James
Graham) thought that the constitutional jealousy of the Noble
Lord—(Laughter)—not to sly his experience in office—
( Renewed laughter)—must have excited those scruples in his
mind, and could not permit him to be a party to transactions of
that description.—( Cheers. ) He would now declare, on the
part of her Majesty's Government that there had been no
communication, directly or indirectly, with the Lord President
res iecting his retirement.—(Cheers.) He knew the Noble
Lord said that it wa's most important the Heuie should pay
attention to the resignation of Judges, and he had not con-
futed his jealouiy to Scotland, but had extended it to Ireland also.
—( Hear, hear.) Net only had Lord Cnief Justices retired,
but they had heard of the retirement of Lord Chancellors,—
( Hear, hear.) They had heard of Lord Chancellors retiring,
not on the accession of a Government to office, but when the
Government was. virtually condemned—(Near, hear)—and
when its existence was known to its_members to be impossible.
—( Hear, hear, from the Tories.) He should like the House
to hear tinder what circumstances the Lord Chief Justice had
retired from Ireland; there was no doubt what the conduct
had been, connected with the retirement of Lord Chief Justice
Bushe, but the circumstances remained yet to be inquiied into.
But the circumstances which made Lord Plunkett retire,
were stated by himself, on the day he left office; and he ( Sir
James Graham) would now read that Nobleman's statement to
the House. It was of vast importance that they saw whether there
had been any indirect communication.—( Hear, hear, from
the Tories.) He (Lord Plunkett) says, " With regard to the
particular circumstances which have occasioned my retirement,
I feel it is a duty which I owe to myself, and the members of
the bar, to state that, for my retirement on this occa-
sion, I am not in the slightest degree answerable. I have never,
directly or indirectly, sanctioned it; and in giving my as-sent
to the proposal which was mails to me of retiring, 1 was guided
solely by its having been required of me as a personal favour to
do so, by a person to whom I am under so great obligations,
that an irresistible weight of gratitude—( Hear, hear, arid
lan,liter, from the Ministerial benches)—made it impossible
•-• '
for me to do anything but what I have done."—( Hear, hear. )
Ile ( Sir J. Graham) would simply showto the House and the
country, that with respect to the retirement of Lord Pre-
sident Hope and Chief Justice Bustle, that neither of
them were asked to retire from office, either on the
ground of personal favour or debts of gratitude.
The Government never in any 4f ay tampered with those learned
,
persons;
their resignations were freely offered, and were
accepted by the Government, on public grounds only, as freely
as they had been offered : they were now filled according to
the best judgment of the Government; and he (Sir J.
• Graham) would not consent, unless by a vote of that House,
to stamp with disgrace those venerable persons. He would
most willingly produce the letters required of him. Would he
could produce those venerable persons before the House,
Weakened they might be with age arid infirmity, but still
strong in honesty and principle. lie ( Sir J. Graham) knew so
well the feelings of that llouse. that he was sure all angry feel-
ings of party would be laid aside, and the wish would lie, not to
curse their retirement with pangs such as a motion like this
might convey, but to treat them with respect and attention ; and
even the Noble Lord himself (Lord J. Russdl) would regret
that in a hasty moment he hail been led into the bringing ;or-
,' ward such a motion.—( Hear, hear. )
Mr. FOX M AULE heartily agreed with the Honour-
! able Gentleman in the last wish he had expressed. He did
wish that, as far as Scotland was concerned, he could
produce the venerable gentleman who had so lately retired
from his duties. ( Hear, hear, hear.) ,He would be
sorry to use any expressions but those of respect for that
, gentlemen ; yet it was well known in Scotland that the state
• of the Lord President had been such for many months past
that he could not adequately perform the duties of his office.
He would ask the Lord-Advocate, whom he saw opposite, whe-
ther, when the Lord President presided in that Court, he d;d
not at the close of the Session state in the assembly of the
Judges, that on account of his increasing infirmities he must
give up, and could no longer attend to the performance of the
duties of his office, and this before the late Government had
brought forward their last motion, which had decided them
against continuing in office? Nor had this been the first in-
stance of his doing so. The Hon. Gentleman stated that the bar
of Scotland was ready to bear testimony to the ability with
which he performed his duties, but it had been the forbear-
ance of the bar which had enabled him to perform those duties
so long, on account of his age and infirmity. The position of
an English Judge was different, because he formed his judg-
ment on written pleadings in the retirement of his chamber,
and after listening to the pleadings he. gave his
judgment in Court. So that an English Judge might
diseharge his duties much more easily than a Scotch
Judge. In the Jury Court of Scotland, after hearing the evi-
dence, the duty of charging the jury devolved especially on the
head of the Court, and the Lord President had not for some
time performed that duty. it had been left to the junior mem-
bers of the Bench. He would a'lude also to another case, that
of Lord Corehouse, who had retired from the Bench upwards
of two years. During the whole of that time the indignation
of the Hon. Gentleman had slumbered and slept. Ile could
plead ignorance on the subject, because the papers were trans-
mitted to him ; and he believed that, if the simple facts of that
case were known to Gentlemen opposite, he thought they would
regret the cheers they had given. That venerable Judge had
been visited with a paralytic stroke while engaged in the exe-
cution of his duty as President of the Court of Session in Scot-
land—he was rendered incapable, in the opinion of his medical
advisers, to perform the duties of his office, and the question
for the Government was then, at that time when they had no
prospect, no object to attain—at that time when there was no-
thing in the political horizon to induce them to shape their
course in any particular way—to procure the retirement
from office of Lord Corehouse. The question in