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

r at that time that he had little confidence in them. He thought
eir;..- the step taken by the Right Hen. Bar net weuid be uwver
w sally satieactory. The lion. end Lear. a eletuber ter CI
said that there appein, mein s \sere mace ter the purpose el ie
• triguitig at the Elections, but he forgot that they had not even
se yet a majority in those appointments. He did not believe the
3 - Lord Chancellor had said it was for the purpose of traffick-
ing in liceeses these appointments were made.—( Hear, hear. )
The Hon. Member then referred to the conduct ot the late
Government in their ae po utments in tOlildiorti, and concluded
by saying that the cenduct of the Itielit lion isarodet ea, so
just in itselt, that it would give every satisfaction.—( Hear. )
Mr. CALL A C.; 11. AN begged to call tee et- ention 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 not 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 into the
teleject to which the Hon. Gentleman alluded, as he thought
the present motion referred particularly to the Right Hon.
Baronet near him. He was glad to find, however, that the
Non. 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 been personally alluded to by the Hon. Member opposite,
lie could not mind saying a few words on the present occasion,
and he would endeavour in all he sate to calm his temper•asnmeh
as possible, however little some other Hon. Members might deem
it necessary to remember it. lie 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 forget in what position
• the scales stood when the party opposite were on his side of
the House.—( Cheers. ) All that had been done be the Right
Hon. . Baronet was to place them in equilibrio, and he thought
• his measures would be satisfactory to the country. He
thought that the Honourable Member for North Durham
had no right to allude to debate which had occurred in
another place, and to read the particulars from the
columns of a newspaper ; but he did not think
• the expressions eluded to were intended to be applied to the
county Magistracy or to appointmeets(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 in Shields.
Me, HUTT—Not in Shields.
Captain FITZROY—He begged pardon. He meant the
borough which the lion. Member represented.—( Hear, hear
and laughter.) He could not see why the term Whig-Radical
vas objected to, as the term signified that mixture of Whigs and
Radicals which took place with respect to the party opposite.
"hat other term was there to express the change in the
°Pinions of the Noble Lord who was lately at the head
bt the Government, from those which he held twenty years
Wes and those which he advocated at present ?—( Hear, hear. )
• 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
lay that when that lion. Gentleman deprecated the advice
given to him,and yet assumed to advise others, it might excuse
Ant only a smile but laughter. When he noticed the
portentous air with which the Hon. Member rose, he thought
that some motion of vast importance was about to be made,
perhape nothing short of the impeachment of the Right Hon.
.111 ember. He realized the proverb .` Parturiunt montes, Desch ur
ridiculus mus."—(Cheers and laughter.) He would not
speak intemperately, but he would say that the language used
by the Hon. Gentlemen flied him with indignation, when he
said that the Noble Lord, the Lord-Lieutenant of Durham,alienat-
ed 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
12,,e could not fail to have by such means conciliated the affec-
Tun and respect of all that was respectable in that county.
• 'Voile of the largest meetings ever holden in the county of
4"urbam, he heard but two names which were received with
more marks of respect and attachment than that of the Noble
Lord whom he Hon. Gentleman had so unnecessarily, so in-
widiouslv, an-1T so unjustly attacked.
Mr. V. SMITH ( who rose amidst loud cries for Mr.
'Wakley) said, that he would nut 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 Hon. Baronet would
have•been so hard pressed.—(Oh, oh, and a
,laugh. ) He re- I
gretted that the Right Hon. Baronet, hollowing the .example
• of the Lord Chancellor ot England, insisted that the true test
. of alaeisterial fitness was political partisanship. He begged to
ask the Right Hon. Baronet, although he did not expect an
answer, on what principles he had proceeeed in the appoint-
ment of Magistrates to Northampton?—( Hear, hear. )
Mr. WAKLEY said that he agreed with those Hun. 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 iii the
present instance. At the same time, such a discuseions ad-
mitting of crimination and recrimination upbn 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 worse."—( 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 resultof the changes made in the Magis•
tracy by the Right Hon. Baronet. But the Right Hon. Gen-
tleman should recollect that the example be 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 night Hon.
Baronet it was plain that impartial justice was not to be ex-
pected fi om 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 W'hig-Radicals. Now, he believed that
the latter title was not a proper one ; the Magistrates w, re either
Conservatives or Whigs ; and he disclaimed the mixing up of
Radicals with Whigs. —( Hear, hear.) Why use four syllables
when one would do? lie 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-
ItTee• No one would deny, however, that, under an honest
Zeal, equitable system, eiaeistrates should be selected for
witi; fitness to fill their offices, and not from their connexion
•Politics • and it was therefore clear that whatever
might ts
to eith ber this greater or less degree of blame to be attached
• sir party the present system was most defective.
tat es, • PEEL said, that the Hon. Gentleman who had just
his had, with that simplicity of character which marked
conduct upon every occasion, expressed his surprise that so
in
'
• a
question, and so vehement a speech, should be
followed by what he called so contemptible a motion. Now,
e
Gentleman Peel) did not think it had occurred to the Hon.
that there was very great difficulty in framing a
motionfor t upon
the present subject ; and that it was much safer
be! !ton Gentleman, however vehement his speech might
"at it was upon the whole much safer for
the Hun. Gentleman, and most conststent 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 Hun. Member.
-(Hear, hear.) •That was a motion to which great objec-
tions might be urged, because it could be shoe n that, as an ab-
stract proposition, 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 recommendations of those
town councils did not weigh with the Executive Government.
Suppose they tried another. Resolved, " that it has a ten-
deticy to shake confidence in the adnun.stration of justice, to
select the majority of the Magistrates from one political
Party."—(Hear, hear, and cheers.) That would be ineonve-
hient—(Cheers)—it would bring the question to an issue, but
still it would be inconvenient for the R.ght Hon. Gentleman.
Re had given notice of his intention of calling the attentien of
the House to the subject, thus leaving himself open to move
any resolution he chose, ;net after revolving all the Parlia-
,ntentary flumes 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-
tointments tinged with party spirit. If the Government wasper.
lactly despotic and arbitrary, and the people could not express
any opinionon the management of their own concerns, they in ght
then allege the inconveniences of appointments so tinged, and
they might find candidates for judicial offices free from the taint of
party prejudices. But if 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
nation of Lord Chancellor of England.—(Cheers.) It was in
of Party
like this, in which there were constant conflicts
j° Party opinion, that the present Lord Chancellor of Ire.-
di and many others, had attained the stations
(s‘lcY at present occupied. Then let them not dwell too much
_II the evils of the present system, or the inconvenience of party
rtutlicts ; nor, for the sake of realising some of the advantages
tee° despotic Government, sacrifice the infinitely greater advan-
. tir Which were derived from the present system. Some
• Gentlemen who had spoken seemed altogether to have
'Understood the justification of her Majesty's Goveinment,
-reti2shad misrepresented—no doubt unintentionally, the state-
'. Jura of his Noble Friend in another p'ace. The Government
not defend the appointments that had been made on the
• . em
11%, u that it was desirable that political partisans should. be
.ete 'mites'. He maintained that they ought as far as possible
Itest;6urie them from judicial offices, but they knew that this
.Zttt'lnPots,ble. If they chose to substitute for the present
a system
of unpaid Magistrates, appointed by the
s'yet„ and acting under a salary, then the Crown might take
- new security for greater learning, and more
ii,,.°115.44 abilities for the discharge of their public
Liitte.4: but still they could not get rid of the
rat:cm of party influence. The Government, the
Nee:Presentative ot party, must still appoint them, and their
just agates when they gave unpopular judgments would be
as the ,!able to the imputation of acting from party motives
• rally i'l'ntlemen at present appointed, who were more gene-
otherg'hellenced by a desire to serve their country than the
would be supposed to be. The imputation of political
cotisi-i'nsbip was one which, in this country, and under this
het *etution, they would never be able to free themselves from.
,tie't was on this that the Government grounded its
• gisteuaeatiOns that if they found the number of Ma-
-11011 jes, from whatever moti . es, or whatever recommenda-
Kee3' had been named, had been chiefly taken from one
tae e!ti party; then, they did not justify the appointment of
- hite,et opposite opinions b the example of their predecessors,
the ' the said that it would. be for the security of the public in
administration tusece that parties should be more
balanced.—(Cheers.)• anr They could not strip the former
- thai_gistrates of their political prepossessions but they could do
,01,54tsbey. could take a settirdyagainst any abuse of their
an. by placing en. the bench where they sat
'i.e.._ of opposite political opinions. It was not a
Ce- reerimination on the cooduct of the Noble
'et it- was net an argument of to
queque ; it wati not be-
eillse the former Government had done wrong that the present
eselleeepses
42'°ag. Qj bZO4ted the Ilefauce of the Government