The Sun.
London, England, 1827-05-23 00:00:00

SCOTCH APPEALS.

The Earl of ABERDEEN begged to call the attention of
the 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 lu
Scotland was 7.:7versed ; but the Learned Judge, who
acted as Deputy Speaker, ncjili having it in his
power to state the reasons eel:Lich-influenced him in sug-
gesting that judgmeni 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 so because it fixed and settled the principles of the
law, upon 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-
sons, reminded the Noble Lord of the Judge in Rabelais,
who, for SO 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, he thought that the Learned Judge should
not only he permitted, but required to state his reasons,
at least, whenever the judgment 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
ii.luence 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 pleased to commit the sale 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 be were to ad-
vise his Majesty to elevate them 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 i.itended to be permanent.
—With respect to the particular case alluded to by
the Noble Lord, he assured him 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 lie had not the least doubt that the
decision in question was good and just. Although the rea-
sons had not been stated, and he trusted that the tri-
bunal in Scotland would feel no mortification at the
result, it was but due to the Learned Judge who presid-
ed on the occasion, to say 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
Earl of Aberdeen. The Noble and Learned Lord also owed
it in justice to himself to declare that the present incon-
venience did not result from his temporary measures, but
was likely at any time to occur from the very
Constitution of Parliament, and it frequently happened in
former times that the most eminent judges who filled
the situation of Lord Keeper& were not in a condition to
state the grounds of their decisions.
Lord COLCHESTER and the Earl of ABERDEEN
made a few observations.