The Sun.
London, England, 1827-05-22 00:00:00

SCOTCH APPEALS.

The Earl of ABERDEEN begged to call the attention of
i.Le House to the system at present prevailing with respect
to Scotch Appeals. A judgment had been yesterday pro-
nounced, by which the decision of the Court of Session in
Scotland was reversed ; but the Learned Judge, who
acted as Deputy Speaker, not having it in his
power to state the reasons which influenced him in sug-
gesting that judgment to their Lordships, nothing was known
on the subject farther than that the decision of the Court
below was reversed. Now, if that appeal were useful it was
as much because it fixed and settled the principles of the
lawrupon which the decree was reversed. But in the present
instance nothing was known except the conclusion that
was come to. The only security the people of Scotland
had for the due consideration of their causes was
the public declaration of the reasons which guided
the House or rather the Learned Judge in forming
their decision., In fact, the total silence as to those rea-
srns, reminded the Noble Lord of the Judge in Rabelaip;
who, for 30 years; had the reputation of the most profound
legal knowledge; until it was at length discovered, that
he decided all his causes by throwing up dice. If the pre-
sent system were persevered in, as a measure of utility
and convenience, lie thought that the Learned Judge should
not only be permitted, but required to state his reasons,
'at least, whenever the judgement of the Court below was
to be reversed. The Noble Lord trusted, therefore, that the
Noble and Learned Lord on the Woolsack would use his
influence in opening the mouths of his deputies.
The Earl of ROSLYN said, that the inconvenience
complained of was one to which they were exposed
from the laws and constitution of the country, whenever
his Majesty peased to commit the seals to the custody
of a Lord Keeper instead of a Lord Chancellor.—
This was a practice which had prevailed from time im-
memorial ; he was very much afraid that the Noble and
Learned Lord could not succeed in opening the mouths
of those who presided in his absence, unless he were to au-
vise his Majesty to elevate him to the Peerage. At the
same time the Noble Lord thought it would be very ad-
visable that the Learned persons who heard appeals should
have an opportunity of declaring their reasons.

The LORD CHANCELLOR said, that no one felt more
strongly than himself the inconvenience of the present
system ; but their Lordships must be aware that the course
now pursued, was not intended to be permanent.
—With respect to the particular case alluded to by
the Noble Lord, he assured bins that the Lord Chief
Baron had paid the most anxious attention to it. He
did not come to a decision immediately after the
case was discussed at the bar, but after the interval of a
day he came down and intimated his opinion to a Noble
Lord, who said that he had not the least doubt that the
decision in question was good and just. Although the rea-
sons had not been stated, and trusted that the tri-
bunal in Scotland would feel no mortification at the
result. It was but due to the Learned Judge who pre-.
sided on the occasion : there was no man better
skilled in, or more capable of interpreting the Scotch
laws. He made this remark to obviate any prejudice
which might arise from what had fallen from the Noble
Lord :of Aberdeen. The Noble and Loarnd Lord also
injustice to himself to declare that the present inconveni-
ence did not result from his temporary measures, but
was likely at any- time to occcur from the very
Constitution of 'Pailiainent, and it frequently happened in
former times that .the most eminent judges who filled
the situation of Lords' Keepers were not in a condition to
state the grounds of their decisions.
Lord COLCHESTER and the Earl of ABERDEEN
made a few observations..