Star.
London, England, 1806-03-04 00:00:00

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.4 appointment was illegal ; a Noble and
-aerated Lord had Paid that it was nut. It was gated
be unconflltutional ; here again the fame Noble
- declared it was not. He lays that he upon the
would have aged as as Lord Ellenborough
'did, and he was perfuaded the Noble Lord would sot
skive aded in a manner which he would confider as
..Improper. Much Reefs had been laid oponthe opinion
.of Judge Black flone. Whatever merit might be dif-
Corerable in that writer, it could not be denied that
many of his theories were fanciful and imprailicable.
fie wouldattack the principles advanced by the Noble
Lord *AO had fpokenTo long and fo eloquently, and
afert brit there was no fuch ditiindion to be found
In thiConflitntion es that he endeavoured to main-
talits.srile would give but little authority to the wild,
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the Eseadtifnl theories of Blackfione, for in order to
twit them it would be necettery to abrogate the ju-
rildiftion of that Houle. What do the Noble Lords
fay by way of anfwer to the precedents produced 1
Why this, the cafe of Lord Mansfield was one inno-
vation upon the Connitution, let us not have a re-
cond. From the earlieft periods of our hillory it
would be found that legal perfons have been called to
the Council, of the reigning Sovereign. The Grand
Juniciary formerly was the fie! Minider. His Lord.
Ship then examined the precedents of Sir Edward
Coke, of Sir W Temple, of the regency of glieen,]
Anne, charged with no light matter, the fettlement,
.of the political fuccethon to the Crown. Of that
Regency were both the Chief Junius Members;
and if feditions had taken place, if libels had been 11
tobligoed tending to °barna that fettlement, the
offenders mull have been tried before one of chore I
'lodges, ahe did his duty. With refped to the
alliance of Lord Mansfield, he would fay a few
words. He never could have thought that it would'
-bore become his duty to defend the memory of Lord
•Stansfiekl againit therefleetion which hadheen thrown
pon it, that his chara&er for the adminiftration of
office bad filtered during a certain period of his life.
, His Lftrelfhip here read many pattages from the
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Speech of Lord Mansfield, upon the motion brought
for ward againa him in the year int.] The charge
then was, not that he was at the fame time Chief,
Janice and a Cabinet /knitter, but citation* after be
bad emfed to have a feat in the Cabieet, he continued
to be one of the feats advifers of his Majelly. His
Lordflip next obferved upon the cafes of' Chief Jul.
tices Holt, Lee, Mansfield, Kenyon, the left of whom
it was Paid, was only occafionally called to the Conn-
viL There was nothing, he Paid, which &mild pre-
went a firm and upright Judge from doing his duty,
both as the bead of the etiminal jndiclal power, and
as one of his Majelly's Cabinet Council. He cited
front a minute bf the Council, a precedent, on the
gab of June, 1780, when Chief Juilice Wedderbura
attended it to enquire into the caufe of the late riots,
aild was one of the tub-committee which collated the
evidence, and reported upon it to his Majetty—
and a/tempt was one of the Commiffion which
fat in the Borough for the trial of the rioters.—
He trotted, that he had pretty well difpofed of
the quedion with refped to law, contlitotion, and
predict; he would nest fay a little as to its expe-
diency. Noble Lords teemed to have adopted a very
perverfe mod* of reafoning upon the rabies% They
allowed that the Judges might continue impartial
when the life of the Sovereiso was attempted ; when
the countryliras attempted to be deluged in blood;
when the conflitution was to be fubverted ; but all
'this impartiality was to meat, as lien as be was
called upon to poi& tome :inferable libeller. The
anode ofpropofing the quenion appeared to him par-
. , titularly objedionable. If, within a few days after'
the appointment, the propriety of it vat quettioned
in that Houle' the next thing for Parthiment to do
would be to fug gell so his Majefly whom he was to
appoint. And to whole appointment are there ob.
jedions made I Why, to the very perfon whom the
Noble Lord on the oppofite bench advifed his Majelly
to call up by writ to that Houk. As be before (aid,
the refponlibility of adviting his Majetly to call to his
Councils the Chief Junice of his Court of King's
Bench lay entirely upon himklf, he gave his advice
lb his Majelly to do fo, becaufe the fituatiott of the
Country required a man of a firm mind, of an elevat-
ed mind, and of a pure and unblentillied chara&er.
Theft were the grounds of his advice, and he exulted
in them.

The LORD CHANCELLOR fpoke at length to
the Motion. He earneilly entreated the Noble Earl
to follow that advice which he bad recommended to
his Noble and Learned Friend,-and to reconfider the
gueftion. Was it poffible that the Houfc could en-
tertain a queftion which wastantanount to a nega.
tion of the undoubted prerogative of his,./fejedy to
appoint his own Council? Look to the Journels of the
MAN.—was "Atte 'a precedtnt of flitch a motion
upon thein ? If the. principle contained in the mo-
tion were polled td itsoutmnft extent, the effect of it
ultimately would be to pull down the Monarchy,.
lie bad litkd Frog tnnegh to fee the abfurdity of ma.
Img C.:pflitutinpt from theories. If this motion
*gob pars,.4l‘i :text, he fuppofed, would be, that
zone of tho Law Lords fhould have a feat in that

Moult. itii. Lnrdfleip pronounced a warm eulogium
upon the Trial by Jury, in which be contended the
fgety of the fubjeft toadied, and not in fanciful
theories about the divifion of the Judicial and Execu-
tive rower. It lhould be remembered, that Lord
Mansfield lived in hot times, when many virtuous
and well meaning men were to be found, but during
which alto there were fame knaves, who made a
!talking boric 0! liberty. He hoped the Noble Earl
would fave his the trouble of putting the quellion
upon the motion he held in his hand.
The cineltion being loundly called for, was put by
the CHANG e Lima, who declared that the Non Contents
hid it. No divifion was demanded, and the Houfe
adjourned at one o'clock to next day.

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