The Statesman.
London, England, 1820-05-16 00:00:00

her was male necessary by the Act of Union, which
seid, that the Judges should not exceed five, without
remembering that the exi-tenee of any number under
bee It as not icrecont liable to 'h.• terms of the Act. But
where there WAS inch a onfli. tof up as between
the Judges on one side, and the Commissioners on the
other, w4,;.141 it not hate been decent u f Ministers to
wait for the judgment of Pnriament before airy acted
upon either opinion. Such treatment of the Report of
Commissioners was enough to discourage any man de-
ployed in such a situation trim, the pert.; wmance of his
Iduty. About two years ago he had moved for a refer-
ence of the lit-ports of Co. 'Nsi,)ne:s of Inquiry to a
select Committer of that House, an:) he was met by
the statement, that as soon as any act was done con-
trary to the recommendation of the Commissioners, it
would he quite time enough to have the inquiry go
!award. Here then was the recommendation departed
from, and here was the 1 ass for inqn:ry. It appeared
that Ministers were willing to postrne the appoint-
ment till ihe Commission was appointed ; hut as soon
as they ascertained that the Cot 1111 l is,ioners pro-
posed an alteration in the constitution of the Court,
then they made the appointment. The Right Hon.
Baronet then proposed to sl front the Report itself,
that the business of the Court, im.tead of being in-
creased, was eith 1. stationary or diminished.
Lord CASTLEBEAtiII said, he should shortly state
to the House the grounds ninon which he gave his vote
that night. Ile thought that the House could not be
justified in aeleeing to the mo!ion of the Noble Lord,
founded as it nos upon the • pinion of the Commis-
sioners, which was nut attempted to he supported by
any inquiry, or evidence of the grounds upon which
they formed it. He (Lord Castlereagh) was far front
complaining of the seutintents which the Right Hon.
Baronet had expressed, namely, that the !louse should
support with jealousy its own Commission. Prom what
had fallen in the course of the debate, be was assurAll
the House would permit him to say a few words in re-
ply to some reflections made against his Majesty's Oa-
vernment. If the Right lion. Baronet supposed that
Ministers entertained any other notion in the present
times than that of diminishing the expenditure, re-'
forming abuses, and removing unnecessary burdens,
he supposed the existence of motives which Ministers
disclaimed. The Right lion. Gentleman said, that
Ministers only looked to the support of the patronage
of the Crown, and that to that they were willing to
sacrifice every principle of economy. It was usual
with some of the gentlemen opposite, especially at the
• period of a new Parliament, not only to repeat remarks
of this description, hut also to inculcate the notion,
that all the purity and disinterestedness in the House
resided at their side of the House. Ile (Lord Castle-
reagh) hoped that both sides of the Honse were pos-
sessed 4.f purity enough to discharge from their winds
whatever motives did not tend to the tranquillity and
improvement of the country. lint he would repeat
that the imputation of bail motive* upon his Majesty's
Ministers was improper, and history would furnish in-
stances in which those who charged were more often
actuated by had motives than those whom they
charged. With respect to the immediate subject be-
fore the House, he should say, that generally speak-
ing, Parliament should, as much as possible, support
the arts and recommendations of its Commissioners.

•Without blaming the Co ttttt iissioners for having
extended their inquiries to various ;Arts of the consti-
, union of the Court, lie had no doubt that, if the rem-
' missions hail been expressly appointed fur the purpose
of inquiring into fee-, allaies, and duties, the per-
sons who firmed the present Commission would not
have been appointed. It was not his intention then to
examine the opinions, or the grounds of opinions of
the Commissions, or those who opposed them, but he
entertained no doubt that it was in his power to show
that the weight of evidence was in favour of the ap-
pointment of a fifth Baron. With respect to the pre-
, sent question, it was his intention to more upon it the
previous question. .1t the same time, if the Noble
I Lord, feeling that his case was strong, was willing to
propose hereafter a course of inquiry, to take evidence
upon the ditfereut eirculustances which induced the
ICommissioners to form their opinion, he (Lord Castle-
reagh) would have no objection to accede to it.—
; (Loud cheers from the Opposition lienehes.)—lt was
worthy of remark, too, that the Conitniksioners had
; not peremporily declared their opinions, but that they
expressed them with great caution and doubt.---ttlere
the Noble Lord read a passage from the Iteport.)—
Ile protested against the o:•inion, that because a Court
' might proceed for a certain interval in the absence of
lone of its authorities, that should be a reason fur di*-
, pensing for ever with the authority who had been thus
!only teuneJrarily absent. But were there not many
political °Ryes, the duties of which proceeded as usual
in the occasional absence of one of its functionaries.

It was well known that one of the most brilliant orna-
ments of the legal professiom Lord Mansfield, was sub-
ject to frequent intervals ot indisposition, which rendered
his absence unavoidable. But who would attempt to say,
•

that because the business of the Court Will carried on
srlvhout his attendance, therefore the office of Chief
Justice ought to be removed. He did not mean to
give an opiniod upon the subject himself, and there-
fore it was that he fit inclined to yield to the opinion
of the Judges, in preference to the judgment of the
four Commissioners, who came to tlivir conclusion in
opposition to the sense of the only JuJgr amongst
them. It had been said that the Court of Exchequer
in Scotland should be placed upon the same footing
as that of England. Ile denied this proposition, be-
cause there was no analogy between their respective
duties.—[llere the Noble Lord detailed the various
duties of each, with a view to show that the Court in
Scotland had more extensive jnrisdiction.)—Of all the
economies most abhorrent to the sentiments of the
public, economy exercised towards the menthe).* of the
benrli was the worst. The question here was not
. •ther 2,00111. shall be given one of the public money,
but whether the administration of justice in Scotland
should be placed on a footing the most favourable to
the security of the subject. If, however, the Noble
ILord had confidence in the justice or his propositions,
let him move fsr a Committee. Ile (Lord Castlereagh)
was not prepared to say what he should do with regard
to the appointment that bad taken place.—(Loud
ebeerinr from the Opposition Benches.)—lt was the
habit of the Gentlemen opposite to strril their voices
bowler in prorrtion to the weal:ness of their area-
-1 arms. In truth, they were Wll4' .0 happy as When