The Statesman.
London, England, 1822-03-18 00:00:00

MODEMTION OF THE SCOTCH JUDGES.

COUNT OF SESSION (FIRST DIVISION,) FRIDAY, MARCH 8.

The Fifteen Judges this day assembled to advise the
case of a petition and complaint, at the instance of the
Lord Advocate, against the editor of two Glasgow news-
papers (the Chronicle and Journal.) It will be recol-
lected that a short time ago a tine was imposed on
this gentleman, for having inserted in the Glasgow
Joolnal, a letter from one of his correspondents, corn-
mewing upon a decision pronounced by the Second
Divi-ion of the Coort, and for having transmitted
ropirs of the newspaper which contained it to the Lord
Justice Clerk and Lcrd Robertson.—lo commenting on
these proceedings in subsequent numbers of the above
journals. the defender had made some remarks on the
manner in which the Lord Justice Clerk had addressed
him ; and these comments, it appeared, bad been pub-
lished previously to the expiration of the time appoint-
ed for the payment of his fine, and tendering his se-
curities. This formed the basis of the present com-
plaint. On a former day the Court had ordered this
petition and complaint to be answered ; which order
haring been complied with, the Court adjourned the
consideration of the case till this day.
The case having bees called, Mr. Prentice (the de-
fender) appeared at the bar, when after a short discus-
sion between the Counsel for the Crown and the Cou-
nsel for the defendant,
The Loan PARSIDZNT, addressing Mr. Prentice,
said—" 1 ha►e to inform you, Sir, that the Court have
attentively considered this complaint against you.
together with your answers and the opinion of your
counsel; and that they are unanimously of opinion,
that whatever was your intention, (of which I shall

speak hereafter) in publishing the article complained
of, its tendency is to throw contempt on the Second
Division of this Court, and to •,pose to public ridi
rule the Right Hononrable and Learned Judge who
there presides. The Court are also of opinian, that
this is an offence against the statute 1537, which
makes it Ureic to impugn this Court or its proceed-
ings; and by which it is ordered, that whoever shall,
by word or action essay to hurt the dignity or bring
into contempt any Judge belonging to this Snpreme
Court, shah he put in award by the said Court to give
hint satisfaction. Rut their Lordship", considering
that you have dim Limed any such intention ; and that
if such really was your intention, vet that it was
11
formed in a moment of irritation, since it has not bees
your habitual practice to show disrespect towards the
Court, and especially since you have been in the habit
of alluding to'-our eminent brother in the terms of
admiration and respect which are due to his distin-
e-uished character and merits—taking all these comi-
deratiotis into view, the Court are • to put the
most favourable construction on the words of your li-
bel—they consider the conduct of you and of every
person entitled to the most favourable con.truction
in this Court. I am instructed to inform you,,
that in consequence of such favourable consideration.,
they do not think it necessary to do more in this,
case, than dirt:nigh me to admonish you to Le
more cautions in writing ant-h articles in future.—
I do, therefore, Sir, in compliance with the iv blies of
their Lordships, call your attention to.what must be
the consequences of animadverting disrespectfolly on
the conduct of a Jndge. Yuri will I dare say admit,
that if a buil*e were to- be sent to a Judge, for the
purpose of inflaencing any of his decisions, this would
he conduct very dangerous and criminal; though a
bribe, if refused, could do no harm—intliet no scandal
on the judicial character. You will also admit, that
it would he. highly culpable to employ means to inti•
millate a Judge; but threat; may be very harmless,
and would, I have no donbt, be treated uith score by
any Judge spun this bench; and if the threats were
conveyed in private letters, there need be no public
scandal incurred from them. But to hold tip to of en
and public censure the conduct of a Judge is, I main-
tain, an act of intimidation, than which it is impos-
sible that there can be rummy more effectual on some
minds; for I myself .have known men, who would walk
fearlessly to the asouth of a cannon, unable to sleep a
wink the whole night in consequence of a trifling
paragraph or lampoon in the newspapers. It may be
said that I am supposing an Insulated ease ; but this
I will maia.ain, that it is impossible for any iesti-
citation to be•beld up to public contempt, iiithout
its being rendered more or less contemptible is the
minds of some. This is • view in which, I feet
persuaded, that you must fit-"see the inju.ions effect.
of circulating publications disrespectful to judges. I
have only to add, for Ole information 4f your learned
counsel rather than peat-self, that sithongh the Court
has allowed the full fop a aaf all tttgexttuating cir-
Mims:antes which your ante evesconesinee. we have not
been able to attach equal weight to some of the law
which they submitted to oar co t4ki. U'- hove
not been able to see what Wadi"•kelp:pfroth pub-._
lic discussion in the cases whigh lanceti.
If an erroneous jadgmiot should; aced; then'
there is an appeal ; but it is net the Public that can
set the point at rest. And even in the ctse of an op-
pressive or corrupt sentence, which has Also been sup-
*ma, mhaLgood ja wl* derived from public discus-

;Joni
have this, which is not a constitutional-intim-nee,—
intimidatien, What, I ask, would be said, if such
an interference were to proceed from the Crown,
or from the Ministere ? I have always under-
stood that the integrity of the judicial character
consisted in the Judges being independent alike of
the Crown and of the people; from which maxim
I have always inferred, that we shonld be equally
indifferent to popular applause and popular odium. We
ought, but we are men, and liable to the ordinary
feelings of men. Ido not say that I think my learned
brothers or myself could be intimidated by any thing
which may appear in a newspaper; it is my belief
that we cannot • but I make these observations only
for the satisfaction of your L d Counsel, to whose
arguments I have considered it a fair answer, to state
the possible danger against which we have a right to
guard. And I have only now to say, that it affords
me sincere pleasure that this matter has ended as it
has done."

Mr. Prentice then bowed to the Court, and with-
drew.

Ebt gitattiitrian.
lIIIITIW3 INZORPOILLIED WISM " Sea
suarimmt."

LONDON:
MONDAY EVENING, MARCH 18, 1922.

STOCK EXCHANGE, TWELVE O'CLOCK.

. •
The various bets that Consols would reach 80, have
been decided this morning. They have, within this
half hour, been dote at the above prier. There is a
great deal of business done in the market this morn-
ing, and Consols are now 791 to 80, fur the Account.
5 per Cents. 103.

THE, STA 111:RIVI 4 N.

rKOCEEDINDS IN PARLIA3IENT.,
limn TvTuril.—We had not room on Saturday to
notice. that this tabjert was brought forward by the
Duke of Devonshire on Friday evening, on present-
ing a Petition from the Corporation of Witerforci,
who are, it seems, themselves great Tythe owness.—
Ilis brace said, that he himself was the owner of
the Tytbes of more than twenty parishes in Ireland
We might stop here to remark on the lion which I

the parsons are continually patting forth, namely.

that the tythes were dellieved• to rod ; that is to
say, for the support of the Ministers of his word ; and

we would ask them how this accords with the fact of the
Linke of Devonshire's possessing the whits of more
than twenty parishes ? Leaving the it d Gen-
tlemeo to answer this question ; and passing over the
very cautious, not to say equivocal matinee in which
Lord Livenroox spoke on the subject. we will merely
add upon this subject at present, that the marquess of
LAP SDOWNE observed, that, " in Ireland the Clergy-
" man bad frequently no Clerical duties to pe.rfortn.
" and was already regarded in many places, rather
" as a Magistrate than as a religious instructor."—
His Lordship mentioned this by way of contrast with
the parsons in England. But is it not the same here
in many cases. Are not the pasons dlfagistrotes in
in England too? Are there not many of them that
are known In no other character by the people with
;shorn they come in contact? Who haws been the
most vigorous Justices of the Peace as to the Re-
formers? Who have been moot distinguished at Mao-
cheater and •other places ? Of whom do we most fre-
quently bear as the visiting Magistrates of those bor.
ri hie places where the unfot tunate Reformers have been
Imprisoned. beavieg these questions to Lord Laws.
Don se, we would proceed to sliew that it will be im-
possible to touch the Tythes 4 Ireland without
going to the buttons of the subject, and *lthout ex-
tending the measure to every part of the kingdom.
Lord Lastsoowws was willing toadmit, that the people
of France had obtained advantages (for that was the
comitry lie must have alluded to) by the changes there
made with regard to Tythes; bat then, said his Lord-
ship, " those changes were of so reoolationary a na-
" titre; and had been attended by such a character of
"spoliation, that be should be sorry to ace any dis-
" position to imitate them in this country."—We
would remind his lordship that the spoliation which
succeeded the abolition of tythes in France, were oc-
casioned, not by the abolition of Tythes, but by the
abolition basing been too long delayed, and by violent
attempts on the part of the hypocritical French Court
And their allies to compel the people of France to
reinstate the Priesthood in the .p ion of the
"Fythes.—His lordship acknowledged that Trite* were
unsuited to the present state of Society; and w--11 he
might. for, poll all the people of this kingdom, ex-
cept those interested in the Tythes, and be they of
what politics they Islay, there will not be found one
„mad" one million of men to say that Tythes ought not

to besbolisbed by litVeWiri distlatlnn between-
lay Tythes and Clerical Tythes. The former are pri.
vate property to all intents and purposes ; but the
letter are public property.; and, as more than fifty
acts of Parliament nal shew, can he dealt with at the
pleasure Of the Parliament. Indeed this doctrine imam-
tial to the title which the Duke of DevONSIIIRE has to
the Tythes of more than twenty parishes in Ireland; for
if the parliament cannot dispose of Clerical Tythes
at its pleasure, his Orace has no property in the Tythes,
of those more than twenty Parishes, seeing that that
property rests solely upon Acts of Parliament.

ME. ARBUTHNOT'S Lerrso.—Lord JOHN RUCSELL
brought forward ou Friday in the House of COMMOBS,
a letter laic!, be had obtained, sigited CHARLES
AR■UTIINOT, who is a Secretary of the Tr His
Lordship stated the letter to have been addressed to a
Member or Members of Parliament, calling upon the
persons to whom it was addressed, " to resist the dan.
" gerous practices of Lords A LTIIORPE and NORMANBT.
" and Mr. CHREVEY; and containing a passage in these
words.—The opposition, in despair of being able to
" get into power themselves, are endeavouring to un-
" dermine and destroy the institutions of the country,
" and wake it impossible for any set of men to carry
" on the business of the country."—We think it very
natural that Mr. ARBUTHNOT shopld write such a let-
ter. Every man must know that precisely such must
have been 'the representations made by the Ministers
end their underlings to every one soft enough, peppy
enough, pommice enough, anddy enough, bes.,tted
and beastly enough to listen to them ever since the
Parliament has been assembled. A man of sound
sense, indeed, would ask them, bow long it is since
Field Marshals, Military Academies, Barracks, paying
three fJe one for loans, Bank Restrictions, Peel's
Bills, acts to quash informations against non-resident
parsons; atnan ofsound sense would ask them how long
it is since the salt-tax, which is, in fact, a pole tax;
the leather tax ; the tax on legacies ; the emu-
woos tax on law snits ; a man of • sound sense
would ask them, how long these have been, in-
stitutions of the country !—But, a mas of sound
sense will say, that it is- very natural for those
whose beads are filled with pommice to regard
these as institutions of the country; and be will only
laugh at Mr. Arbuthnot's letter. So much are we
of this mind, that we really should not Lee noticed
the orettrrenee, had it not been for the purpose of in-
troducing as worthy of the particular attention of our
readers, the speech made upon this occasion by our
Great Statesman atul politic..l Philosopher, titles
which our readers well know can belong to no one but