The Sun.
London, England, 1842-05-06 00:00:00

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London, where Magistrates were men of the highest respee.ta-
;„
• .bility, and. which city was the highest in the world? There were
cities in this country not less respectatile and intelligent, though
- they did not stand so hieli in point of commerce as London,
equally entitled to this privilege. Flit Noble Friend, after
the elections took place in 1836; issued a circular to the be •
r'ereta: - roughs, in which circular he intimated his intention of listening
Lees to any recornmenciation they might send up. But the Noble
Lord, contrary to what was stated by the Right Hon. Baronet,
-See did not pledge himself to attend to that recommendation. He
00, left himself entirely open to exercise his judgment. It turned
out, that the great majority of Magistrates appointed by the
Noble Lord, were of eme political party. He did not mean to
deny that it was obvious in 1836—50 obvious, that the Right
lion. Baronet, at the head of her Majesty's Government,
:brought the question immediately before the House; and it was
:also brought before the House of Lords by Lord Wharneiiffe,
and a very long debate ensued in lioth Houses of Parliament.
Tho very case in Bristol to which the Flight Hon. Baronet
had alluded, was discussed in 1836, exactly as it had been
discussed that, evening. The House of Commons then disposed
of the case, and it had been revived exactly that night
a; it had coene before the House six years before. The case of
Daniels was then referred to, arid he (Ur. Fox Maule)
e • could not imagine why the Right Hon. Beronet had placed
him in the Commission of the Peace of Bristol, except
it was tr, confer an empty honour in the evening of his dais,
and visit hout at all beuig useful to the town of Bristol. He
asked,, was Mr. Daniel's case a fair one for the Right Hon.
"enl*itaman to put to the House, and could he take any credit
to hi swell for conferring on him a mere (minty honour ? The
Rig at Hon. Gentleman read a long list of places, and to every
One be received a corresponding party cheer, as to the party
r lilies of the Magistrates in the various boroughs; hut the
right Hon. Baronet did not, say, nor did be intimate to the
Rouse, in any way, that those lists were not the lists sent up by
tine town councils, nor did he presume to s.ay that they had been
tethered to suit the purposes of the pasty then in office.—
( Hear, hear.) He (Mr. F. Mamie) believed those lists to
contain the names of those recommended by the town councils,
and if they were recemmended, however different the propor-
tion might be, he was ready to maintain that the parties heving
confidence in them, in their administration of justice, no injury
had been (lone to the individuals in those boroughs. The Right
Hon. Gentleman spoke of his Hon. Friend who brought forward
this motion, having made a great charge against him, and then
ended in a paltry motion. What had the Right Hon.
Baronet done? He had. made a much graver charge against
the late Ministry who preceded him in office—that of prosti-
tuting justice.—( Hear, hear.) He (Mr. F. Mauls) hail no
hesitation in eayirg that the Right lion. Baronet had given
utterance to an accesation which was totally, utterly, and en-
tirely groundless--( Hear, hear)—one which could not be
proved ; fur if it could hate been proved, he was not the Iran
to have left, it untouched.—( Hear, hear. ) Justice prostituted
in England ! and that to be asserted in a speech from the
Secretary for the Homo Department, in that House of Com-
mons—(Hear, hear)—and that to be asserted for no other
:purpose than that of getting a party cheer ! That assertion
'was utterly groundless, and he would fearlessly appeal to the
'people of England, and more particularly to the mu-
nicipalities of England, to give a firm and direct
contradiction to the accusation of the Right Hon. Gentleman.
▪ And he (Mr. F. Mauls) must say that. until he came for-
• W,rrd
te fit to the country, he himself stood in an equivocal position.—
i
1( Hear, hear.) That was his (Mr. F. Mamie's) opinion, and
' he thought it was the opinion of the country at large—(hear,
Er,
.hear)--for did the Right Hon. Baronet suppose that such an
accusation as he had made was to be passed over by that House,
or by the people of England ?—(I-lear, hear.) The Right Hon.
Baronet had in the course of his speech contradicted an aster •
tires of his "ri4 obi e Friend and colleague the Lord Chancellor,
sail- • who was reported to have said in another place that. "in no
• a • instance in the recent additions to the l'ilagistrecy had
.4cl- the bal cones of parties been changed." He added that,
"he wesuld positively assert that in the appointments which
had been). meek., the prerogative of the Crown had not been
eaerci sed with a view to give a majority of Conservative Ma-
gistra tea in any one case." The Right Hon. Baronet had, in
Passi-ag. contradicted that statement ; and he, too, was ure-
P,ar, to contradict it. He found that in the borough of
`"Jeshead the original number of Magistrates was six, five of
.7.aom were Liberals, and one was Tory. The Right Hon.
-.Sari:met had added to the number six Tories, thus subverting
Ithe original state of the respective parties. Again in Bath,'
*here were two Tories, two absentees, and six Liberal; the
=sigh; Hon. Baronet had added seven Tories, thus again
'subverting the respective position of parties. In Chester
there were three Tories and tour Liberals, to whom the Right
1-Icnonrable Baronet had added six Tories.—( Hear. )
In Dover there were five Tories and seven Liberals, to whom
he added seven Tories. He (Mr Fox Maule) would not men-
tion these cases, but that the Lord Chancellor of England, in
asoizo his place, deliberately and unscrupulously stated that in
s-, no instance had this addition effected a change in the balance of
eo parties. He thought the Noble and Learned Lord must have
-lead done so either front ignorance, or from that readiness of asser-
7, in which he sometimes indulged—( Oh, oh, and cheers.) He
• now came to Poole, on which the Right Hon. Gentleman had
laid considerable stress, and accused his Noble Friend of reject-
ing altogether the receenmendation of the town council. He
(Mr. Fox Maulel -admitted at once that his Noble
Friend (lid reject the recommendation. But he thought
that when the House considered the fraudulent means
by which that eaouncil was elected, and the conduct of the
returning officer.. ; and when he brought their attention to the
'Report of than Committee of that House appointed to inquire
into that election, the House would see that his Noble Friend
was justifies/1 inrejecting the recommendation—( Hear, hear)--
especial's ;
tteua,ento inogf
when it was considered that at the time the whole of
h
the council were questioned in a Court of Late. The
rttee
officer was Mr. Robert Slane, the old Mayor, who,
men examined before the Committee of the House, admitted
',bat he in all eases where there were duplicates of candi-
elates, had taken the Tory list first and recorded the votes,
• orfusng to look at the lists offered by the other side.—
.o.(Cries of " Hear, hear.") It was that person who selected the
' list of the town council which Lord J. Russell rejected, and he
aeked, was not his Noble Friend justified in appointing another
set of Magistrates ?—( Hear.) The number was eight Liberals
and one Tory. The Right Hon. Baronet added five Tories,
among whom was Mr. Slane, who had been guilty of the frau-
dulent return--the man who was mixed up with the transac-
tions exposed before the Committee.—( Hear, hear.) That
was the man selected by the Right Hon. Baronet fur the Magis-
.
Itracv. How could the confidence of the people be reposed in
!sect; a bode? It was extraordinary that the Righ Hon.
• j'earonet should accuse his Noble Friend of political motives in
• Ithese appointments, when in the borough of Poole he himself
tt should have appointed a person who must have been cognisant
,1„„ , of a fraud in the return. He preferred the system pursued in
„t,:o• ' Scotland as better than that of England; but still, in the absence
of it, he would attend as esuch as possible:to the recommendaticns
of town councils. There ;lad been no accusation of misconduct
against the individuals appointed by the late Government, and
if there had been, it had always been attended to. Under these
circumstances he thought it was unwise and impolitic in the
°n- Gentleman, in eight months, to have made such a sweep
10g addition to the municipal Magistracy. It might be fol.-
t°wcd as a precedent, which would compel them in borough
t?wns, to have recourse to other modes of administering jus-
""• Had he taken all the vacancies by death and removal and
;"eel them up with Conservatives, he should have made no oh-
Jere'
he -11,M; but the course he had taken was a bad example, which
;„ 'Aped might not have; the off ect of lessening confidence
olth.e administration of justice.
HANDIER, in connection with the discussion, ad-
• verted to the appointment of the Marquis Normanby as
Steward of the Borough of Hull. He did not think the late
,U,ernment could be acquitted of having made many of their
--ele"ctions in a spirit of partisanship. Im mediately after the
)i-1
P ;Passing of the Municipal Act there were eighteen Magistrates
the 'aPl'inted in Hull, and out of the number there were but
ee two Conservatives. The present Government, in adding to the
numberothers. two gentlemen of the highest respectability, well known
the teoweenelm
ercial world, who had formerly been rejected by
creased
Il r cou'recil ; and he result of the appointments was in-
fe,respectability and increased confidence in the bench.
ena'rorn.eiti/Et RY BERKELEY said that the Right Hon.
not. stated with perfect fairness the case of the
appointments in the city of Bristol. In that city twenty-four
gztleraen hadbeen selected by the town cowed!, twelve of
themn We're Liberals and twelve of whom were Tories. But of
twelve Liberals two never voted at all at any elections, and
tw'd had ac'etelly voted against the Liberal candidates.
Mr. IF,POTHERTON said, when the Corporation Bill was
in the Reuse he had:divided in favour of dividing the towns into
wards- lio stated at that time that he had great objection
to aiaLizg corporations political bodies. He believed in Man-
chester that the reason of there being so many Liberal Magis-
!r,ats was that gentlemen professing Tory politics had refused
then Ave anything to do with the corporation. He was sure
to e was a feeling on the part of the Liberals of Manchester
,4onciliate the 'Tories.—(Hear, hear.)
DOUGLAS felt bound to say a few words on this
,q'ne,etion, as it was a subject in which many of his constituents
had taken a great interest. It had been stated that the rdoble
Levet had thought it his duty to consult the town council, but
he thou
P •irrnicgh ha am, it
if
hadhe have been well for him, with respect to
•tconsulted a petition that had been pre-
sented collie subject
ham. That petition fromic the clergy and bankers of Birming-
of Magistrates was veySr
owed clearly that the appointment
•. The Noble Lord unfair, and ought to be altered.
gave no answer ties acknowledging the receipt of it.ln
tcoovtettrypeit2iti‘ovnh,in.esxchcai:it
hoe ~ been appointed, and a memorial had been presented from that
•
so 41; city, praying that, some Conservatit es might be appointed. Ihe
Magistrates of Coventry had shown as much partiality in grant- '
•fr ing licenses to public-houses, as it was possible for them to do.
Lttc Na license was granted to any Conservative, however anxious
he might beto obtain it.--(Hear,
hear.) In Stratford-on-
Avon, the town ;council recommended three persons for ap ss • poietinent—namely, a Quaker, who had never voted, a Radical, and a Conservative. The Government rejected the Conserva-
k Live and accepted the Radical.—( Hear, hear.) Under the
Ftsy Municipal Act, the town council of Warwick recommended
seven, of whom, one only was a Conservative. In that town,
ese , parties were very nearly balanced. A petition, signed by
t'..• six hundred persons, was sent up prating that two
CcAservatives might be appointed. But five only
weere appointed, four Liberals and one Conservative.
With regard to the granting of licenses in Warwick, of fifteen
ehich had been granted, thirteen were Liberals ; and of those,
sue, who had gone over from his party to the other side, was
deprived of his license, on the ground that his house was a
esioisy one. He would next-advert, and in a few words, to the
'Conduct of the present Government, with respect to the
!borough of Warwick. For the purpose of neutralising the ex-
- treme party appointments made in that place by the late Go-
vernment, he had applied to the present Government, stating
that the prevalence of Conservative opinions ang the inha-
bitants of Warwick, entitled them nut to a majority of Con-
servatives in the borough Magistracy, but to an equality with
Ilse Liberals ; and he recommended three gentlemen, whose
Conduct bad given much satisfictien to the inhabitants, and who
Were of independent fortune. Nothing could be more fair than
fiche Conduct of the Government on the occasion—they appointed
noaseistrates of each party, and left it to the people them-
their‘lees. o appoint by election the Mayor, and thus to have it in
the 'power to decide which party should have the majority on
42nch. the thought that he had made out a sufficiently
strto
0 case to show how impartial had been the conduct of the
vernment with rest ect to the borough which he represented.
Calttain MANGLES complained of the conduct of the Right
-N°,_n. Baronet with regard to the borough of Guildford. A
10ti'le Lord, in another place, had assumed that the majority of
parts inhabitants of the place belonged to the political
Ati •3 to which the Noble Lord belonged—( A voice from the
iso,°,s,isterial side of the House, ' To be sure")—and that the
saZa Lord, the late Streeter y -;or the Home Department, had
the great partiality in his appointments to the Magistracy cf
t'oe iterougo, Ho (Captain Mangles) thought he could thew
feo icuse that both these assumptions of the Noble Lord were
~,I°i'rect, First, with regard to the assertion that the politi-
er._" opinin preponderati i th borough, was deciddly
terY ; he would observeng that in 1531, two Liberals weree re-
yned for Guildford; in 16132, a Liberal and a Conservative
MTse. returned, the Liberal being at the head of the poll. In
,s_ , the Liberal was voted out on petition, and two Tories
hented the borough, being; the only instance of a similar
ature which had uncured, red, and in 1841, two Liberal Members
ad been returned. So much for the assertion, that Tory
nions
Tennions preponderated in Guildford. Now, as to the political
ts2i of the Magistrates appointed by the Noble Lord.
t3tu.o4
r gentlemen had been appointed by him to the Magistracy ;
,o, two were gentlemen who voted for Liberal candidates
at elections,
but who, beyond the me ere act of voting, took no
latirtLol . Ivmhotdteet'reart ; they wewemost respectable men,
opinises. One was a gen-
7se political
moderate descriptien, but rather
nioinnLesliniwngcreto ocfontsherevatmisomst,
Ind the fourth wire very strong Coneervative and the Right

Hon. Baronet had thought proper to destroy this balascie,by
apps inting to the Alegistrecy two of the most rjfqi.‘,et pl'antisans
of his own party. As a proof of the ttiast.4.;ner in which the
late Secretary for the llessen .t.,eps.r'tinent had acted, in rela-
tion to their Meginte.s.ril..l appointments, some time ago, he
(Copt. M,) berme he was a Member of that House, had re-
commended a gentleman to be a Magistrate in the event of a
vacancy occurring, of which at that time there was a strong
probability. This was on the eve of in ulection. The Go-
vernmentknew that he (Capt. Mangles) wes a canclidete at
that election. They knew that two 'feriae weee eppesed to
him. The majority of the town erientil Was Tory. There
was every temptation to the Gettennient to comply with his
request; but the answer he received from the Noble Lord was,
that the rule laid down must be strictly adhered to, and that
unless the gentleman in question was recommended by the
town Council he Mould not, be aepoin t ed.
Col. SIBTII OR P said, that the town of Linco'n felt exceed-
ingly grateful to the Right Hon. Baronet for his appointment
of the Magistrates in that town, for at the time the appoint-
ments were made, there was only one Conservative Magistrate
in the town. The Right Hon. -Baronet appointed fivs gentle-
men, and more exemplary men could not exist. There still
remained a majority of them on the Whig side.
Lord R. (i ROVESNOR would not have addressed the
Reuse, had he not felt a deep interest in the subject. With
regard to the town of Chester, the Noble Lord, who sat near
him ( Lord John Russell) had appointed six Magistrates three
Whigs and three Tories. Since that time another Magistrate
had been aided, and he was a gentleman favourable to
the Government of the Right Honnurab'e Gentleman, but he
had refused to vote at the election, because he could not give it
to a party attached to his own principles. The Right Horn
Gentleman had no notion of the state of party in the town of
Chester. The town council was remarkably free from any
party feeling ; as an instance, he might tell the House that
gentleman, the present Mayor, would never take part in
any address to the '1 hmne which here reference to party, al-
though he was considered an active partisan. He thought it,
ri,ht to mention these few facts to the House. His Hon.
Friend, the Alember for Gateshead, had asked the Right It n.
Baronet upon what principle he had appointed these new Ma-
gistrates ; but the Right Von. Beronet had avoided any reply
to the question. The only principle he seemed to have gone
upon was, that the appointments were made solely because they
were political partisans ; and if so, the Right Hon. Baronet
was introducing. a dangerous principle.
Mr. MAINWARING said that the appointment of Magis-
trates generally were the appointments of the town council
virtually, although they were appointed by the Secretary of
State. With respect to the town of Newport, there was no
town council to make a reconunendation. The commission
of the peace was, before the late appointments, in a very bad
state, and the consequence ivas, that during, the time the late Go-
vernment were in office, a remonstrance was sent up, complain-
ing of the state of the comission of the peace, and the Go-
vernment. promised a remedy, bet. they kept. the word of
promise to their car and b.oke it to their hope. The present
Government appointed six Magistrates, three of whom were
Whigs, and three Conservatives, so that there was no favour
show in that case.
Mr. LANIHTON said he wished to say a few words on this
subject, as, reference had been made to the appointment of Ma-
„.nistratees in the county of Durham. It had been stated by a
Nubie Lord, that there had been fifty appointments of the Ma-
gistrates for the county of Durham, by the late Government,
only sixteen of whom were Conservatives, and all the rest
Whigs, He should not have attached particular importance to
this observation, but that he recollected that the appointments
were made by the late Government., on the recommendation of
the late Duke of Cleveland, and he (Mr. Lambton) felt called
upon to allude to it. He was prepared to show that no charge
of party appointments could be brought against the late Ad-
ministration. How did the ease stane? Ti. e appoint •
meet of Magistrates for the county of Durham resist
with the Bishop of Durham, as Prince Palatine and
Custos Rotulorum. The Noble Lord, who sat near
him (Lord J. Russell ), had always acted on the recommendatien
of these parties and the late Duke of Cleveland made his re-
commendation upon those of the Chairman and Court of Quar-
ter Sessions. It aid so happen that the last appointments of the
Noble Lord were upon the recommendation of the Court
Quarter Session, and were two Tories--( Hear, hear)—Mr.'
Robert Certy and Mr. Robert Redley. It had been said by a
Noble Lord, in another House, that. the Magistrates of Sunder-
land had refused to grant licenses of public-houses to any but
their own party. This was a very grave and solemn accusation,
and he called upon the Noble Lord, or any Hon. Gentlernau
who supported him, to prove that accusation. Ilis (Mr. Lamb-
ton's) impreesion was that the Magistrates of Sunderland were
pet fectly innocent of the charge brought against them. If the
Noble Lord could prove that accusation, he (Mr. Lambton)
would be one of the first to stand up to hold those Magistrates
up to the censure End condemnation of that House and the
public, but if it could not be preyed, it was, in his opi-
nion, most unjust to bring it forward.—(Hear, hear.)
They might have done ill on one side, but he thought they had
done much worse on the other.—( Bear, hear.) The only
principle on which they ought to argue this question, was
whether or no the Magistrates ought to be elected by the
people. Here they saw the Right Hon. Baronet stand up in
his place, steeped in party politics up to the very lips. That
was a melancholy sight to see. Let them recollect who were
looking on their proceedings.—( Hear, hear.) Public opinion
was watching what they were doing at that moment ; foreign
nations, who were accustomed to admire our institutions, would
see that the Lord Chancellor got up in his place, and stated,
and the Home Secretary repeated it, that appointments to the
Magistracy should henceforth be founded upon party prin-
ciples. He would appeal to the House whether this was a
principle on which the Magisterial appointments in this country
were to be conducted. lie hoped such a principle would not
be allowed longer to exist, though they might have erred upon
both sides. He trusted that the Right Hon. Gentleman at the
head of her Majesty's Government would command those
energies which he possessed in so eminent a degree, to see it
there could not be some other system more proper, more
English, and more constitutional established, of appointing the
Magistrates of this country.—( Hear. )
Air. W. T. EGERTON said that the Hon. Gentleman who
brought forward this motion, had spoken of packing
,the local
institutions of the country. What could afford a better speci-
men of packing than that which took place in the year 1836,
in the county which he had the honour to represent? In one
borough in the county there was not one Conservative in lie
whole bench of Magistrates. In Stockport, in the month of
April, there were ten Magistrates on the bench, all Wig-Radi-
cals; in the month of June, which was just after the general
election, and when it was pretty well known what would have
been the fate of the late Government, a list of five gentlemen
was prepared, consisting of three Whig-Radicals, and two of
the other side. What did the Noble Lord do? He said he
would net on the same principle as, his predecessors had done ?
It hat did he do, therefore? Why he appointed three gentle-
men, all professing Whig principles, and there were then thir-
teen Magistrates in the borough all professing those principles.
He hoped occurrences of this kind would be now and for ever
done away with.—( Hear, hear.)
Mr. JERVIS said he thought there was some excuse for the
Right Hon. Baronet with reference to the part he haul taken
in the borough of Chester, which he,,' was afraid
could not be found for his conduct in other places.
It was not to be supposed that if he were liable to be
mistaken, those who were behind him should have been in-
fluenced by party political feeling in the nomination of the
parties whom they proposed. The appointment of six Tory
gentlemen, in Chester, had produced the greatest confusion
and dissatisfaction throughout the city, and it the Right Hem
Gentleman thought that those appointments would give satis-
faction, he could not have beets properly acquainted with the
real state of feeling in that city. Parties of all political
creeds in Chester had determined to keep apart from all
political feeling in their municipal elections, and there was, he
believed, no place where party had so little to do with those
elections as there ; they did, out of cemplirnent to the
Liberal party, always appoint a Liberal Mayor, but the alder-
men and town council were universally chosen from the men
fittest to fill flue situation. There were indeed there no
contests for the magisterial chairs, the only difficulty
was to get a fitting person to serve at all. The
Right Honourable Gentleman, therfore, must not be surprised
if that which had hitherto been a peaceful town should
be changed altogether into one where political partisanship
should prevail. No one knew from us hence the recommenda-
tion came for the appointment of those six Magistrates; eery
one suspected the source, and the whole of the odium rested
upon the Right Hog. Baronet. It would be invidious to al-
lude to the fitness or unfitness of individuals, and he thought his
Hon. Friend had adopted the right course in giving the Right
Hon. Baronet praise for the capacity and fitness of all those
whom he had appointed. The Right lion. Baronet said that
he congratulated himself that this motion had been brought
forward, and he was obliged to his Hon. Friend for having
brought it under the consideration of the House. He (Mr.
Jervis) could well understand in what feeling the Right Hon.
Baronet had said that he could wall understand that the Right
Hon. Baronet, conscious of the innocence of his conduct, should
come down there well satisfied with the integrity of his
purpose, and well prepared calmly to vindicate him-
self ; but he (Mr. Jervis) must say that he did
not observe, from the course which the Right Honourable
Baronet adopted in answering his lion. Friend, that he was so
gratified at the disclosures which had been made to the House,
or so confident in the justice of his conduct. as he had implied.
He could not well understand how the Right Hon. Gentleman
could, consistently with the office he held, commence his address
in answer to his Hon. Friend with personal matter, which was
quite irrelevant to the matter in question.— ( Hear, hear.) Nor
did he think it wall or dignified in the Right Hon. Gentleman
to conclude his address by alluding to an accident, which might
even happen from the impartial recommendations of the Right
Hon. Baronet.—(Hear.) The Right lion. Baronet must
be well aware that the Noble Lord, before making the appoint-
ment to which he referred, had taken the best course he could
to ascertain the fitness of the individual for the office. Neither
could he (Sir. Jervis) understand hoer the Hight Hon. Baronet
could consistently stigmatise the party with which he
was formerly associated, as ss Whig-Radical." It was
a new-coined term, invented for the exclusive use of
those who had seceded from the Liberal ranks. The
Right Honourable Baronet was once a most violent
Whig, he had used the term as an excuse for his tergiversa-
tion, and had called them Whig-Radicals in opposition to
that very wide term " Conservative."—(Hear, hear.) Let
him cal! them if he chose " Whigs," let him call film
" Liberals," or let him call them " Radicals," but let him not
apply to them that epithet which was meant to impute
ignorance. But he (Mr. Jervis) cared not what words he used,
for it appeared to him, that the words had been used by the
Right Hon. Baronet only as an excuse for himself
in having seceded from the Whigs, because as he
alleged they had joined with the Radicals.—(llear, hear.)
The Right Hon. Baronet had not by any accident fallen upon
one Whig, in the appointment which he had made.—( Cheers)
He did not select brewers, or clergymen, or Whig-Radicals,
he supposed, from his dislike to them; but when he spoke of
desiring' to avoid all party feeline. in Isis appointments, and said
it was not desirable to appoint brewers, or attorneys, or bene-
ficed clergymen, or persons engaged in manufactures, in the
manufacturing towns, that they should not have to decide in
cases of wages in which they themselves might be interested, he
should recollect that he had appointed silk-mercers and
cotton-spinners in the town of Congleton to satisfy the
people—( Hear, hear)--who would have to decide in cases
of wages. He did not, they, adhere to his own principle.
The very letter which the Right Hon. Baronet read showed
that the Noble Lord kept himself free from local influence, and
persons
on his side of tl.e House were not found writing such
letters. He was not there to justify the conduct of the Noble
Lord, but if it was bad, why did the Right Hon. Baronet seek
to justify himself by reference to the conduct of the Noble Lord?
—( Hear, hear.) When he considered this important functions
of these Magistrates, and that they were to perform their du-
ties without any person to check or control them, and
that they were, as he believed, appointed for the sake of
obtaining political influence—( Hear, hear)—by prescrib-
ing their official duties to those Magistrates, by giving li-
censes to these who supported the Government, he thought
the country was coming to a melancholy position, and it was
vain to condemn constituencies for swerving from their duties,
when such lures were held out them by Government. He
could not but think that such was the object, when the Lord
Chancellor said it was necessary, to restore confidence, that the
power of granting licenses should be in the hands of Govern-
ment.—(Cheers. )
Mr. SCARLETT said that he did not understand the
grounds upon which the Hon. Member who made this motion
had discussed it. He agreed with him that the case of justice
was the highest concern of the Crown, but he considered that
the Right Hon. Baronet had only take a right step in restoring
that security which ail persons should have in the administra-
tion of justice.—( Cheers.) In 1836 the conduct of the Noble
Lord was discussed, and he met with a harsh condemnation ;
but he must say the Government deserted their duty so much

o.'st til2ini that he had little confidence in them. He thought
the step taken by the Right Hon. Baronet would be univer-
sally satisfactory. The Hon. and Learned Member for Chester
said that these appointments were made for the purpose cf in-
triguing at the elections, bat he forgot that they had not even
yet a majority in those appointments. He did not believe the
Lord Chancellor had said it was for the purpose of traffick-
ing in licenses these pppointirents veers nade.—( Hear, heal%)
h4l Hon. Altst4.Ther then referred to the conduct of the late
tioVeinment in their appointments in Guildford, and concluded
by saying that the cerpluct of the Right Hon Baronet was so
just in itself, that it would give every satisfaction._( Hear. )
Mr. CALLAGHAN begged to call the attention of the
Noble Lord, the Secretary for Ireland, to the appointments
made in the city he represented. He did not complain of the
individuals who had been appointed, but what he complained
of was, that those persons were rot residents, and that the
town council was not consulted with respect to their appoint-
ment.

Lord ELIOT said that he was not prepared to enter inqs the
subject to which the lion. Gentleman alluded, as he thought
the present motion referred particularly to the Right Hon.
Baronet near him. Ile was glad to find, however, that the
Hon. Gentleman admitted that there was no party bias in the
appointments which were made. Great pains were taken to
obtain information from respectable persons on the spot, and
he now, for the first time, learned that complaints existed on
the subject.
Captain FITZROY said that as he and a relation of his
had beers personally alluded to by the Hon. Member opposite,
he caul(' not avoid saying a few words on the present occasion,
and he would endeavour in all he saisl to calm his temper asmu-h
as possible, however little some other Hon. Members might deem
it necessary to remember it. He was very much surprised
at the strange obloquy that seemed to pervade the opposite
side. Hon. Gentlemen thought it unjust to disturb the ba-
lance of justice, while they seemed to forg,t in what position
the scales stood when the party opposite were on his side of
the House.—( Cheers. ) All that had been done by the Right
Huts. Baronet was to place them in equilibria and he thought
his measures would be satisfactory to the country. lie
thought that the Honourable Member for North Durham
had no right to allude to debate which had occurred in
another place, and to react the particulars from the
columns of a, newspaper; but he did not think
the expreSsions aluded to were intended to be applied to the
County Magistracy or to appointments:made by the Noble Duke, to
whom allusion had been made. But the late Government had
shown the greatest partiality in their appointments in Sunder-
land, in Stratford, and iti Shields.
Mr, HUTT—Not its Shields.

Captain FITZ RO V—lle begged pardon. He meant the
borough which the Hon. Member represented.—( Hear, hear
and laughter.) He could not see why the term Whig. Radical
was objected to, as the term signified that mixture of Whigs and
iledicals which took place with respect to the party opposite.
et hat other term was there to express the change in the
opinions of the Noble Lord who was lately at the head
of the Government, from those which he hell twenty years
ago, and those which he advocated at present ?—( Hear, hear. )
With reference to an observation which fell from the Hon.
Gentleman (Member for Gateshead), who was put out in his
speech by his (Capt. F.'s) unfortunately smiling, he would only
say that when that lion. Gentleman deprecated the advice
given to him, and yet assumed to advise others, it might excuse
not only a smile but laughter. When he noticed the
portentous air with which the lion. Member rose, he thought
'that some motion of vast importance was about to be made,
perhaps nothing short of the impeachment of the Right lion.
Member. He realized the proverb 'f Parturiurit montes, nascitur
ridiculus mus."—( Cheers and laughter.) lie would not
speak intemperately, but he would say that the language used
by the lion. Gentleman filied him with indignation, when he
said that t he Noble Lord, the Lord-Lieutenant of Durham,alienat-
eci by his conduct the good feeling of the respectable part of
the people of the county of Durham. That Noble Lord had
expended his princely fortune in building a harbour, a princely
mansion, and other works of public and private utility, and
he could not fail to have by such means conciliated the affec-
tions and respect of all that was respectable in that county.
At one of the largest meetings ever holden in the county of
Durham, he heard but two names which wele received with
more marks of respect and attachment than that of the Noble
Lord whom 'he Hon. Gentleman had so unnecessarily, so in-
vidiously., arfr, so unjustly attacked.
Mr. V. SMITH ( who rose amidst loud cries for Mr.
Wakley) slid, that he would not follow the Hon. Gentleman
who spoke last, in all his observations. He had expected that
when this motion was brought forward, he should hear
much of the example which had been set by the late Govern-
ment. He did not think that the Right lion. Baronet would
have been so hard pressed.—( Oh, oh, and a laugh.) He re-
gretted that the Right Hon. Baronet, following the example
of the Lord Chancellor of England, insisted that the true test
of Magisterial fitness stets political partisanship. He begged to
ask the Right lion. Baronet, although he did not expect an
answer, on what principles he had proceeded in the appoint-
ment of Magistrates for Northampton ?—( Hear, hear. )
Mr. WAKLEY said that he agreed with those Hon. Mem-
bers who had expressed their disapprobation of the form in
which the motion before the House was couched. The motion
was a very trifling one, and the question was one of great im-
portance. When a charge of so serious a nature was brought
against a Minister of the Crown, the Minister ought to have
notice of the cnarge ; and no such notice was given in the
present instance. At the same time, such a discussion, ad-
mitting of elimination and recrimination upon both sides, might
be attended with useful effects, and might lead to important
discoveries. He was not, for his part, altogether satisfied with
the Right Hon. Baronet's answer to the charges made against
him ; that answer was simply this—" I have done ill, but you
have done a good deal w orse."—( Hear, hear.) That was
the position taken by the Right Honourable Baronet.
According to the Right Hon. Baronet there were now up-
wards of 600 Tory Magistrates and upwards of 700 Whig-Ra-
dicals. That was the result of the changes made in the Magiss
trace by the Right Hon. Baronet. But the Hight Hon. Gen-
tleman should recollect that the example he had set might be,
followed by other parties when they came into power ; and he
believed the day would come when the Radical party would
come into power. From the admissions of the Eight Hon.
Baronet it was plain that impartial justice was not to be ex-
pected fiom the Magistrates by the people ; it was plain that
they were sitting on the Bench, not as impartial judges, but as
active partisans. They were told that the Magistrates were
either Conservatives or Whig-Radicals. Now, he believed that
the latter title was not a proper one ; the Magistrates were either
Conservatives or Whigs ; and ho disclaimed the mixing up of
Radicals with Whigs.—( Hear, hear.) Why use tour syllables
when one would do ? He did not regret that the present dis •
cussion had taken place, because it would show the people how
actively both Whig and Tory Governments had endeavoured
to associate their party interests with the interests of justice.
Politics were mixed up with every judicial appointment In this
country ; politics mingled with the stream of justice from the
appointment of a Lord Chancellor to the lowest legal func-
tinnary. No one would deny, however, that, under an honest
and an equitable system, eia,4astrates should be selected for
their fitness to fill their offices, and not from their connexion
with party politics ; and it was therefore clear that whatever
might be the greater or less degree of blame to be attached
to either party the present system was most defective.
Sir IL PEEL said, that the Hon. Gentleman who had just
sat dawn had, with that simplicity of character which marked
his conduct upon every occasion, expressed kis surprise that so
important a question, and so vehement a speech, should be
followed by what he called so contemptable a motion. Now,
he (Sir R. Peel) did not think it had occurred to the Hon.
Gentleman that there was very great difficulty in framing a
motion upon the present subject ; and that it was much safer
for the lion. Gentleman, however vehement his speech might
be—that it was upon the whole much safer for
the Hon. Gentleman, and most consistent with discretion, to
content himself with an exceedingly innocuous vote, rather
than lay down any distinct, abstract resolution on the subject
of the appointment of Magistrates. Just let them consider
what motion might be framed.— ( Hear, hear.) Suppose the
Hon. Gentleman had concluded with this motion—" Resolved
that it is expedient and just, under all circumstances, without
reference to the opinions of municipal councils, that the Crown
should abide by their recommendation." That would not
have suited the Noble Lord, who sat beside the lion. Member.
—( Hear, hear.) That was a motion to which great objec-
tions might be urged, because it could be shown that, as an ab-
stract preposition, it could not be maintained by Honourable
Gentlemen opposite, inasmuch as there were certain oc-
casions on which, although Conservative opinions predo-
minated in town councils, the recommendatiens of those
town councils did not weigh with the Executive Govornment.
Suppose they tried another. Resolved, " that it has a ten-
dency to shake confidence in the administration of justice, to
select the majority of the Magistrates from one political
party."—( Hear, hear, and cheers.) That would be inconve-
nient--(Cheers)--it would bring the question to an issue, but
still it would be inconvenient for the It'ght Hon. Gentleman.
He had given notice of his intention of calling the attention of
the House to the subject, thus leaving himself open to move
any resolution he chose, and after revolving all the Parlia-
mentary modes of eliciting the opinion of the house, he had
resolved on the whole, that the safest course would be to ask
the House to call for two circulars, which were well known to
everybody there.--(Cheers.) Now, suppose he had made this
motion—Resolved, " that it is fitting that political par-
tisans be excluded from the recommendations to these ap-
pointments, and that it was fitting that the Crown, without
reference to the opinion of town councils, or any other autho-
rity, should select for the Magisterial bench those whom the
Crown believed to be the best fitted for the exercise of the ma-
gisterial functions," he might have been enabled to vote for
such emotion. He believed that political opinions would al-
ways have weight ; and just in proportion as their institutions
were free, so must they submit to the inconvenience of ap-
pointments tinged with party spirit. If the Government was per-
fectly despotic and arbitrary, and the people could not express
any opinion on the management of their own concerns, they might
then allege the inconveniences of appointments so tinged, and
they might find candidates for judicial offices free from the taint of
party prejudices. But it they chose to have the advantages of
a free Government—advantages which infinitely outweighed
those of a despotic Government—they must submit to some of
the evils and inconveniences which were inherent in the Con-
stitutution.—( Hear, hear.)The Hon Gentleman should recol-
lect that it was in a society constituted like this, a society
where party prevailed, that Lord Lyndhurst had been able to
work his way up from the lowest ranks of his profession to the
station of Lord Chancellor of England.—(Cheers.) It was in
a Constitution like this, in which there were constant conflicts
of party opinion, that the present Lord Chancellor of Ire-
land, and many others, had attained the stations
they at present occupied. Then let them not dwell too much
on the evils of the present system, or the inconvenience of party
conflicts ; nor, for the sake of realising some of the advantages
of a despotic Government, sacrifice the infinitely greater advan-
tages which were derived from the present system. Some
Hon. Gentlemen who had spoken seemed altogether to have
misunderstood the justification of her Majesty's Government,
and had misrepresented—no doubt unintentionally, the state-
ment of his Noble Friend in another place. The Government
did not defend the appointments that had been made on the
ground that it was desirable that political partisans should be
nominated. He maintained that they ought as far as possible
to exclude them from judicial offices, but they knew that this
was impossible. If they chose to substitute for the present
system, a system of unpaid Magistrates, appointed by the
Crown and acting under a salary, then the Crown might take
some new security for greater learning, and more
efficient abilities for the discharge of their public
duties ; but still they could not get rid of the
imputation of party influence. The Government, the
great representative of party, must still appoint them, and their
Magistrates when they gave unpopular judgments would be
just as liable to the imputation of acting from party motives
as the gentlemen at present appointed, who were more gene-
rally influenced by a desire to serve their country than the
others would be supposed to be. The imputation of political
partisanship) was one which, in this country, anti under this
constitution, they would never be able to free themselves from.
But it was on this that the Government grounded its
justification, that if they found the number of Ma-
gistrates, from whatever motives, or whatever recommenda-
tion they had been istssiedf had been chiefly taken from one
political party ; then.; they, did opt justify the appointment of
ptmhoeiwsne,ortf,heepybpyocsoiutepldolaiiiiiki:dboy,:•
bmepllche of their predecessors,
but they said that it would 'be for the security of the public in
the administration of justice that parties should be more
equally balanced.—(Cheers.) They could not strip the former
Magistrates of their politicalpneposselaiOns, but they could do
take*-tiei...7oity aiOnst any abuse of their
where they eat
men of Opposite poPticik It was not a
case of recrimination conduct of the Noble
Lord ; it was not an argument of tie quoque ; it was not be..
cause the former Government had done wrong that the present
wag to do wrong also; he rotted the defence Q the Goverment