Star.
London, England, 1828-02-08 00:00:00

I stages in this House—ewe could do nothing toe *hid
our country would be more thankful than In spemilly-..tfprously—
hut with a due deliberation—enter Into a similar utak. There is
nothing more certainly within our power. If I have spoken clearly
upon what my hopes of effecting these insprovernowernee founded—
shall I be told that the vine shall no longer bear reek—that tie bg.
tree shall be barren; that these are in the present Goverment men
of liberal opinioos, we have the authority and the mouton of their
own late deelaration-mnen front- whom, although do not agree
with them on all subjects, I anticipate caudid and powerful
support? Bat be they or he they not what they have do.
clued, it is not to them, it is to this House 1 look—it Is upon
this House I repose my confidence, that it will eoestitudonally
aid me in this noble pork. • great, a glorious, rue to run, is open
before you—you have it in your power to make your names go down
to posterity with higher surd, and with the fame of more useful
importance attacked to them, than any Parliament that over has
preceded you—(Cbeers). Tou have seen the greatest victor of the
.4se-the conqueror of Germany and Italy--who, having achieved
triumphs more transcendent than any upon record, said, " I don 110
down to posterity with the-Code In my isand"--(Cheerne. You
have beaten the warrior in the Mid—try to rival. tbeegislator in the
more useful arts of pessee—(Hear, hear, bear:. The of_ir
were—will be leaped y
ltegsncy—gorgeous and brilliant as they
the milder and more beneficent spkndors of the reign of the
King—(Great and esodoved cheering.) The lumen of the Ed.
wards and the Heeds' compared them to Justinian, but how much
Snore justly may k not be applied to our own Sovereign, when to his
other glories ibis sball be added ?-(Cheets.) It was said by Augustus,
that be had found Rome of brick and left it of marble. An honour.
able boast eertainly--osid one which east into the shade many of the
cruse and the tortuous acts orb his early course. But how much higher
and prouder would be the boast of oar King, to have it said, that
be found law dear and he left it dheap—(Cheers)—tbat he found
it a sealed book and left it an open letter—that ise found it the
patrimony of the rich and left it the security of the poor—that he
found it a two edged sword In the hands of the powerful, and left
at a staff for the protection of the people—(Loud and enntinued
chewing). There is no object of pride or ambition which a man
of sense howeetly could court mote than that of having aided in
a week so benestrabk. It is one which I shouttprige abase all
others. iParirenage I care not for. Emolument I seek not. I
can support myself on the heat* and honourable fruits of my
labour. f ask woe for power. I ham lived half a century, and I
have learned that the only power to be desired is that of assist.
lug our fdlow.emastrymen to obtain their just rights—Owed
ebeera4.-1 have had the honour of advocating than is this
Home, and of acting u their coadjutor in 'seeming theta eat et it.
That is &fewer which no Ministry eaagive,ami which no Gowen.
rune can take away. (Loyd anti long eandered cheering.) Wimp
it had subsided the Hon. and Learned Goodissma moved,
an humble Addroesbe resented to bisldaimotyi that may
gtaciously pleased to direct that a asslW be appointed to
inqokeinte the defects occasioned by time, and other circumstances,
in our laws. and to repose sods a remedy as stay ho deemed sips.
eiett." The Has. and Learned Gentleman this sat down amid
renewed I:heeds& Works spoken for upwards of six hours.
The SOLICITOR GENERAL thought, that at chat
period of the night, and considering the immense importance of the
F übirt t the variety and quantity of matter introduced by his Hon.
and Leafed Friend, in his astonishing and brilliant speech, it would
be better ca Its further consideration, in order to enable
Ileums-Age !embers tmonse to a sober and a sound decision upon
it. Ile would, with thMeave of the Hasse, move, that the further
dist-Maks be adjourned to to-morrow (this day) fortnight.
Mr. Secretary PEEL commenced by complimenting
the Honourable and Learned Gentleman on the elo-
quence. the research, the moderation, and the sound
judgment, displayed in his admirable address to the
flume. He was sure that the Hon. and Learned Gen-
t lentan would see that it would be unwise for the House
to come to a precipitate vote upon a subject of such
importance as the alteration of our legal code. He had
himself attempted to proceed in the course pointed out
by the lion. and Learned Gentleman, but experience
lad shewn him that calm deliberation was necessity to
strive at a wise and proper conclusion. In some of
the p, lots suggested by the Honourable and Learned
Gentleman he felt disposed to argue. The equalizing
nt the business of the Courts of Law was certainly de-
sirable, but the mode in which it could be effected must
he the fist consideration. To the alteration of the
ptactice in the Court of Common Pleas, by destroying
the monopoly of the Sergeants, he thought it possible
no meat obstacles would be opposed. He believed the
Chief Justice of -that Court bad the subject already
ulster his consideration. Neither was be Secretary
Peel) so much attached to the number (twelve) of the
Judges, as to refute his concurrence in extending it, if
a necessity for such increase wet* made out. pat he
was. unwilling, at the present time, to express any po-
sitive opinion on this point. If, however, be under-
stood the Helmut able and Learned Gentleman coo.
redly. his proposition was, that one mote Judge should
be added to the Court of Common Pleas, and one to
the Court of King's Bench ; that was to say, five in each
Cow t, and leaving the Court of Escbequer with four,'
as, it now was. He (Mr. Peel) presumed that the Hon.
and Learned Guakinass meant the Judge who did the
out-door business to be occasionally replaced, because
certainly no particular Judge ought to be suffered to
hold a sitnation of less importance and impeccability
than another. It might be asked, then, would not
the public business be more delayed than it now was.
when it was found necessary to procure the opinion
of five Judges instead r f four. He did not wish
to give a pubitise opinion upon it, but the point
was at alt events one which required consideration.
There was another point also on which he differed from
the Leariled Gentleman, more than with respect to any
to rabi' lie bad adverted. He entertaihed no doubt
that it was most si c and proper to pay to the Judges
a" filed salary instead of suffering them to be remu-
nerated by fees. The lion. Member had stated his wish
to have those feet limited, butt had also stated that he
would gi.e to the Judges as interest in the dispatch of.
busioes-, and that upon such dispatch a put of their
emoluments should depend. Now, a very great portion
of the efficacy of a Judge depended on his dignity, and
on that iniptession which, through the medium of his
ogee, be was enabled to make upon the minds of the
public, sad especially upon those cf the lower glasses of
society. Surely to:h an effect would be produced with
p s eater certainty by its being universally known that the
Judges bad no interest in tie progress of any cases they
had to I! y ; and surely such an advantage would be of
importance than that obtained even by a greater
Ji.parch of business, when it was known, that io such
dispatch the Judges were interested. By such an ar-
rangement. it was certainly to be expected. either that
;he hope of additional emolument would stimulate the
Judges, or it would not ; if it did not, no possible ad-
vantage could be gained, and, if it did, might there
not arise a very general impression that the Judges used''
too much dispatch in their business—might not the party
(.end there was always one party) who was dissatisfied
with the decision on his case, consider himself as un-
justly treated, and so treated becasse the Judges by
whom his case was tried were interested in disnu sing
it as rapidly as possible, they receiving their advantage
in proportica to the number of causes they dispatched?
Ike (Mr. Peel) could not avoid thinking that the pre.
sent system, which had abolished payment by fees, and
hued a particular salary instead, was by far the bettor
system, although he was willing to allow that the na-
tural indolence inherent to human nature, might give
rise to certain evils which it were well to avoid. la
his opinion, the disadvantages that would be created
by the one would be far greater than those creased
by the other; and ha considered that the emolument
art the Judges being fixed, and depending on so rati-
o:la: circumstances, could not fail to be mole satisfae.
tto y to the public, and more likely to beget coofidasee
,yes Use judicial authorities. than a system which was
-most likely to large; stesptciou and discontent. These
was also martial point inthe speech of the Hon. Gea-
.

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