Star.
London, England, 1829-10-05 00:00:00

TO THE EDITOR OF THE STAR.

SIR,-It was a memorable saying of SIR Jouw
Fix en, sometime Chief Justice of the King's Bench,
that " whoso taketh from a Justice the order of his dis-
cretion, taketh surely from him more than half his
office:" And as truly may it be said, that when any Mi-
nister of Justice, from the ermined Judge down to the
District Magistrate, so far trifles with his own discre-
tion, as to forget that be is " the voice of the recorded
Law,"—and suffers himself to 'we betrayed into the use of
expressions unsuited to the solemn dignity of his station,
he sets a pernicious example calculated to destroy every
sentiment of veneration which should attach to his dele-
gated authority ; and instructs the people how easily they
may

" Forget his place.
The Majesty and power of law and justice,
The image of the King whom he presented,
And stock him in his very seat of judgment."
I in the ordinary occurrences of life, our every day
experience sanctions the proverbial truism, that " fami-
liarity begets contempt" even amongst equals ; it is not
in human nature to resist the temptation which the un-
seasonable jocularity of those " who are placed in au-
thority over us," holds out to men who eagerly
watch for opportunities of reducing all who are
their superiors in talent or in station, to their own
level ; and assuredly, when Magistrates, in whom an
awful power is vested, can admit thoughts of levity to
mingle with their judicial deliberations—and allow their
" lightest thoughts" " the lightest words"—their con-
descension is derogatory to the importance of their official
station, and detrimental to their personal respectability.
However ungracious these remarks may seem, they
have been forced from me by the reported proceedings
in two cases, which appeared in your excellent paper of
Friday evening, the 2d inst. The first case is stated to
have occurred at the Insolvent Debtors Court, on
Thursday, when a person named EARLE " appeared
on his petition to be discharged." I purposely ab-
stain from any unnecessary allusion to the circum-
stances disclosed on that occasion with respect to the
alleged interference of certain Noble Lords in the concoc-
tion of Anti-Catholic Petitions ; and pass at once to that
part of the examination of the opposing creditor, SPA a-
llow, in which it appeared, from his replies to the inter-
rogatories of the CHIEF COMMISSIONER, that " EA RLE,
at the time he received a sum of money from Se.% a Row ,
observed, his father had a splendid estate in Hereford-
shire, and witness and insolvent should go down in Sep-
tember and have a day's shooting." The mention of this
" day's shooting" (the Reporter tells us) " produced ex-
cessive laughter, in which the Court joined." So far
the most fastidious observer of judicial etiquette could see
but little to object to ; but we are told that the Cum'
COMMISSIONER, on hearing SPA IMO w , in continua-
tion, say that " EARLE intimated that he was officiating
as the agent of a certain Nobleman," again provoked the
risible faculties of the crowd by saying, " and you be-
lieved this as well as the shooting excursion ?" the wit-
ness answered, " I did," and again there was laughter:
and when SPARROW further stated, that " seven or eight
young 'men were engaged to circulate the Anti-Catholic
Petition;" the CHIEF COMMISSIONER, who, if the
report be faithful, seems to enjoy " a fool-born jest,"
even as well as a certain ermined Peer of the Sister
Kingdom, could not refrain from once again recurring to
the source of mirth and laughter, by asking, " Were
they all to go a-shooting ?" And again, we read, that
this happy sally was followed by " a laugh." What the
Court said to laugh at, or what moved the irreverent
blockheads in Court to laugh at the Court, it would, in my
humble judgment, be difficult to discover. For the talent, the
humanity, the impartial and upright conduct of the CH Er
COMMISSIONER, I entertain the very highest respect;
but proportioned to that respect, is the deep regret I feel,
that he should ever have subjected himself to the reflec-
tions which such a report as that which I have been
considering, is but too likely to occasion. The Court
over which he presides with ability, discrimination, and
zeal, is one in which, of all others, the sternest scrutiny
should prevail; for the provisions of the Act, under
which it is held, as they are too often made the loop-holes
through which fraud and chicanery evade punishment, so
are they, consequently, to successful knaves," argument
for a week, laughter for a month, and a good jest for
ever," without needing any extraneous inducements to
bring the tribunal into contempt. It is impossible
to read the proceedings in EARLE'S case, without
being reminded of that ludicrous scene in GOLD-
SMITH'S admirably Comedy of " She Stoops to Con-
quer," in which a boorish servant, when told by his
master that " he must not laugh," replies, " Then your
Worship must not tell the story of grouse in the gun-
room, for I'm sure to laugh at that"—to which the mas-
ter rejoins, " Well, grouse in the gun-room is a very
good story, and you may laugh at that —." The cre-
ditor was laughed out of his money—the Court was
laughed out of its gravity—and EARLE was laughed out
of custody. For my own part, Sir, lam old-fashioned
enough to think that the ends of justice would be more
satisfactorily obtained, by a dry matter-of-fact investiga-
tion of the circumstances under which the parties appear
before any tribunal; than by such ludicrous inquiries,
which, " though they make the unthinking laugh, can-
not but make the judicious grieve." If, as Dr. JOHNSON
observes, " the terror of death should be reserved
as the last resort of authority," so should the
mention of, or even a remote allusion to, the last
terrible denunciation of the offended law, be reserved
for extreme cases, and then made with the most
impressive solemnity. That this is not the feeling
of all Magistrates, however, we are bound to infer
from the report of a case at Bow-street, which
occurred on the same day as that in the Insolvent
Debtors Court; when it appears that two men were
brought before Sir R. BIRIUE and MT. HALLS, charged
with having been concerned in picking pockets. "On
their persons were found some gentlemen's pocket-
handkerchiefs, which they said they had purchased for
wearing round their necks on Sundays." And on hear-
ing this explanation, Mr. HALLS is reported to have
" observed, .that if they did not mind, they would ere
long have something else round their necks." The se-
vere rebuke of justice would, in such a case, have been
wisely and most commendably addressed to the prisoners,
upon whom the Magistrates were there sitting as
Judges, and wises as Judges they sentenced to two
months' impilimilient in dill House of Correction ;


but with all possible deference to Ma. HALLS, I persuade
myself that a Magistrate who is so ably qualified to dis-
charge his important functions, will, on a little reflection,
regret that he should have suffered so undignified an ex-
pression to have escaped him ; an expression which was
not only unsuited to the Judge, but unworthy of the
man.
In conclusion, I have only to assure you, Sir, that I
am influenced by a sincere and earnest desire to uphold
the respect due to the constituted authorities ; and to pre-
serve the administration of justice from the dangerous
consequence that must follow, if once the awful solemnity
of investigations which may place the liberties and lives
of men in danger, lose its hold upon the public mind, or
the dignity of the Bench be trifled away, till, in the esti-
mation of the vulgar,

" the strong statutes
Stand like the forfeits in a bother's shop,
As much in mock as mark."
London, Sept. 3, 1824.

NAVAL INTELLIGENCE.

A. D. Z.

ENGLISH NAVAL FORCE ON
ATION. THE MEDITERRA-
NEAN ST
DIURRAT'S MATT LIST TOR OCTOBER.
Conamander-in-Chief, Vice-Admiral (of the Ulue) Sir Puhenry
Nlalcolm, K.C.B.
Flag Llrutenant—C. Ricketts.
Secretary—Joseph Edye.
FoacB—Nine ships of the line, namely :
Guns. Captains.
1. The Britannia, of 120 George Burdett.
2. The Asia . B4 W. H. Johnstone.
5. The Ocean BO Patrick Campbell.
4. The Revenge 76 Nnrborne Thompson.
S. The Windsor Castle 76 Hon. D. &inverse.
6. The Gloucester.... 74 licury Stuart.
7. The ........ 74 Aka. W. Schomherg.
8. The Spartiate.....
9. The Wellesley 74 F. L. Maitland.

9. Saps of the Line....... 732
1. Isis ... 50 Sir Thomas Staines, K.C. B.
VOUS TRIGIATZS ; MAINLY,
Guns. Captains.
1. The Madagascar... 46 Hn.Sirn.C.Speticet,Kt. K. C. 11.
2. The Blonde 46 Edmund Lyons.
3. The Dartmouth 42 Thorn AS Fellowes.
4. The Semarang.. 2B Wm. F. Niartin.