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

tleman to which he would beg leave to refer—a point
on which, from discussions that had heretofore taken
place, he bitty that the Hon. Gentleman and he must
differ. The Hon. Gentleman laid it down as a strict
and settled rule, that the Paiute Judges ought not, on
irify occasioo, or under any circumstances, to be
doom j to a -higher seat in his particular Court.-
-As a partial role, he (Mr. Peel) might, perhaps,
agree in its propriety ; but, as an invariable full,
be could not but consider it ta most impolitic and{
unjust, and as greatly injurions to the public sera!
vice. To say that a Poisne Judge, however die-
anguished by character, however conspicuous fee
learning, and however reverenced for integrity, for in-
dependence, and for all that adorns and dignifies mats.
should have no chance of filling the highest situation in
hie profession, for no other reason than that he had filled one
which was, in a degree, subordinate, could scarcely be called
wise, could scarcely be considered as just even by the strongest
advocate fur the rigid adherence to the rule. He agreed per-
fectly with the Honourable and Learned Gentleman, that to
promote a Judge because he had Manifested a disposition to be-
come subservient to the Crown, !Reid be most culpable ; hut ba
was equally certain that to prevent his promotion merely bemuse
he bad fined the office of a Puisne Judge, was quite as culpable,
and quite as unjust. The Honourable and Learned Gentleman.
In the course of his speech, a speech which had been heard with so
much satisfaction by the Housmohad referred to two Judges,
and to two only. on whom iv. could not be said he had lavished
panegyric—because such a phrase would intimate that he had
gone too far —but on whom he had passed a warm and most
deserved compliment—one was Lord Tenterden, whom be had
described as among the ablest and the most upright of all who had
ever filled the seat he filled with so much honour; the other was
Chief Baron Thompson—a name, as he said, respected by all,
and most deservedly respected. These 'lndividuals were the only
two to whom he made reference • and it should be remembered
that those very two Judges were Placed in their high stations after
having filled those of Prism Judges, and on the ground of their
great merits and high character had been promoted. Now, surely,
it would have been a hard case if the public had been deprived
lithe services of these distinguished persons, merely because they
were considered as unfitted fur their offices, having filled the Offices
of Puling Judges. Such would have been the case, particularly
with respect to Lord Tenterden, who had been described by the
Learned Member as by no means so able an advocate as he was a
Judge. The Honourable Gentleman then, according to his own
showing, had bore taken a wrong ground. With respect to the
fixing of Terms be (Mr. Peel) was at a loss to say why they should
be determined according to the changes of the moon, or why
two of them being fixed. the ether two should not be fixed
also. He thought it would be far more advisable that the
Gentlemen particularly those from the country, who had to
attend Grand Juries, sad other duties, should be enabled to
nuke their arrangements accordingly, and to know precisely
when they would be called upon to act. By making the Terms
moveable, he considered that much injury was sustained, the more
&mural and more proper course would-be, to fix them at some
precise period of the year which would be must likely to be eon-
venimat to all parties. It would be, be considered, a moat extraor-
dinary class of persons who would argue against such an arrange-
ment. There was also another point on which be was disposed to
agree with' the Hem and Learned Gentleman, and be was anxious to
sbew that there were may points on which he agreed with him. It
Was u to the equalising of the salaries of the Ad niirsity Judges,which
stood as low as 5,000 f. in time of peace.and as high perhaps as 1 40001. '
in war. The public certainly could notilouffer by an arrangement
which should• fix the salary of those Judges at a cumin sum, and
carry the fees to the public account. Such a plea would, he thought,,
be most easy and mess proper. There was soother point on which he
was awksas to make sums observations; ft respected the appeals
beige the Privy Council, and on this topic be thought the lion. and
LowtodOwes. was incorrect, anti concluded that be had collected hit
staseassues from the Parliamentary Return, which were very
likely to Seed him into error, because these &tarns contained all
the cases that bad actually been compromised, and on which,
therefore. appeals had not been formally made. This was one
reason why the Returns were erroneous; another was, that they
contained all the cases frost Jersey and Guernsey, on which sum.
menses had merely issued ; and somber was, they contained all the
Bast India appeals, oo many of which no agent had appeared, and on
Which, therefore, the Privy Council could not adjudicate. At the
same time he would say. that the state of the East India appeals
required consideration. The state of those before the Privy Council,
since 1500 was thus—there had been from that period eighty ap-
peals, on fiftyohree of which no agent had appeared on either side •
and on sixty-seven out of the eighty ao case had been laid be-
fore the Privy Council. In point of het, at the present moment,
upon only in cases out of the eighty had any, special case beets kid
before them. Upon the eentainder. then, it was impossible for the
Privy Council to proceed to adjudicate. But whether or not this
peoceeded from the Ignorance as to how the agents lii India were
70.43 the could not take It on himself to say. and therefore be
esetotherhat the
eletssubit to which wishhe edgsalideraticm.taw to refer---iTht :Zs thatvras
• referred to the Justices of the Peace. The Hoseourable
36
tishAr:d Gentleman doubted whether the best way of their
was by the Clutss Betuferient of their particular mutt-
"ffigit ' He (Mle Peel) considered It would be impossible to
Fitt them them whitest reference to some authority ; and he
awed that that the 'high and responsible authority of the Lord Lieu-
taint of the County. for this office was generally united with the
Cantos Rettgeenes, was the best that could be consulted. He bad
always felt. that in Ireland, where afore:en% was different, much
locomotive= arose, fue there the reeentatessdations came float
pestles who genenUy bad little opportunity et judging of the pre-
tensions adores they recommended. With respect to the licensing
system, to which reference had been made. be presumed that the
Honourable and Learned Member was not aware that a 818
had been boasight into Pa/Menem by his (Mr. Peel's) Honourable
Colleague in the reprint:imam of the University of Oxford,
correcting the abuses therein, and which abuses he thought,
twisted mast in the large towns. One pat ticu ler provision of
that Bill was. that in all cases in which the jurisdiction of the
Magistrates was exercised, when there were not six, the County
Megawatts should have the power to act. The subject, however,
required cuasideradens and the Bill was postponed only to give time
fur further deliberation. The Honourable and Learned Geode
man bad referred to a Bill which he ( Mr. Peel) introduced into
Parliament during the last Session. with reference to the payment-,
of espeasm of witnesses by Magistrates. In cases of assault he
purposely abstained front giving that power, with a view to prey
vent frivoloto prosecutions, although he brought within its scope
a all aim of aggravated nilsdenteanour. He bad not beard that
this Bill had led to any evil, but if it had, let the law be altered.
Of me thing he was satisfied, that the small volume he held to
his hand contained the substance of no less than 150 Acts of Pate
liament. And he bad learned that the system he had introduced
had worked well—that it required no Act of explanation or of
aheration, and dukit had given rise to no inconvenience. lie bad
been told at the 11 e Office, when the Marquis of Lundeen,
was at the bead of at department, that no complaint had bass
made of any inhappli atlas or miscooceptioe. He could misters
to say so much, beca se the credit was not his but those whose
technical knowledge nabled them to prepare it. He would lii
as?far from resisting y alteration that circumstances might so.
quire. Ile bad been desirous of natio' some observations en
the more popular points contained in the Honourable and Learned
Gentleman's speech, but he considered it would be unwise,
and an ill compliment to the Learned Gentleman himself. en
attempt to eater into the whole of them et the present stmt.'
It would be, he conceived, infinitely better to defer the
'on the topics therein contained until some days had been
for consideration. There could be nothing More difficult than to
deverntine what points ought to be referred to a Committee. If
the Hoe. and Leaned Gentleman sought to refer every point to
which he had 'Boded, he (Mr. Peel) doubted whether such a.
MUG of inquiry would not obstruct the object which the Hon.
and Lemma Gentleman had himself in view, and create a
labour to which no issue could be seen. He (Mr. Peel) was
not prepared to say that. en all these points, alteration ought to
be made, but he would say that, in Noce of them outbt sham
den to be suggested without doe Consideration. Mellon. and I
Learned Gentleman had pursued a most wise and pre* course,
he bad not sought to obtain fame by seeking to inbred a loug-es-
tablidsed epeeist, but by proposing a remedy der evils that existed ;
be had been essidecting his .investigation apart from all personal
attack. and from all personal coadderaion—and be had con.
ducted it in such a way as now incline any one In favour of. his
suggestions. In what manner such a commission as that sought
for ought to be fanned, be (Mr. Peel) was at present quite at alms
to dationniae; and he was anxious to consult those who, from their
1 high statism, mot naturally entitled to be coasulted—be meant the
General and the Lord Chancellor—before be come to any
. lie trussed the Hon.and Learned Gentleman wield readily
• as the preposition of his Hen. and LeamodErieed, sad
1 espremed to the House his particular - would not
mltiora discissibm. For his part he (Mr. Peel was bet prepared
ether so mast or awriesce in his proposal for the appointment of I
Coinniktee, and wished nor a few days to deliberate upon it.—
IFthe Honourableand Learned Member were satisfied to great
die, and found Ms Itiejtoso's Moien welding to go attain
loves wadi alm, abe mums In *mole mold be sairmicted to the
ilepre* At all (vane, it would be moss widsbwosey if they were
op, slow called upon to decides He peopmerthis daisy MK with
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