The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-12-31

formed, a. we have sen, by Lord Grenvilc and
Sir Waiter Scott He was appointed Judge Of the
ConsstOty Court in 1875 ana Judge Of the Admit
ralty in 1888. He SAT in Parliament from 1920 to
1871, a consistent Whig, acting and voting with
BfOugham, Dcnman, and Macintosh; and his
name Is hOnurably associated with theirs In the
great liberal movement effected by them i'm ma
tonal education, in tolefatiOu and, above all the
abolition Of slavery throughout the British dOmi-
Mons, for which he tOilcd increasingly Gill it was
done. His ClOcutiOn was marred Oy his voice.
which was high and shri,l, most shrckiug "a
msments OF excitement; hut his speeches CJm-
manded attention by weight OF matter, force of
argument, and gArnestuJss Of purpose. 10 would
be haitety 10 call him a great judge and perhaps
10 is fortunate for bis fame that the Admiralty
Court no longer challenges the same amount of
critical attention which it commanded under Lord
Stuwel for he is said 20 piluc himself on the
justncss of his first Impressions, and generally 70
act upon them. Ialcyrand's cynical maxim was,
"Dsuusty your first impulses because they are com
monty good p but the reverse may be prcdic lted
Of FIRST impressions in law case unless We pre-
suppose a'CumpIgtc mastery Of It's legal relations
D. Il aualogics, as well as an intuitive know edge
of the facts DR.. Lushington's administration Of
just cc, however, has not been unsatisfactory on
the whole; and the last important Judgment de-
hNcrcd by him shows that his judicial powers
are uudecayed. lie is another instance of the
wonderful examples recently accumult,d Of Old
men rising superior to the weight OF yeats and
pIoualy defyrg time That judgment, involving
the most embarrassing of problems, whether q
large section Of the Church are or are not flying
In the face Of its articles, has been partly an
uullod on appeal, but 10 Is memorable example
Of the intellectual powers Of Jurist and tlcOlO-
gian rast eighty.
The judicial Committee Of the Privy Council is
q court Of appeal composed OF tue principal
judges and cN-Judces of the superior courts. lt
is little known 10 the pubic, except hy les Iudg-
meuis lu Indian cases between parties with I'M
prOnounCCablc names, collectively pronounced,
and II has no distinct personality to be sketChcd.
In consequence Of the judgment delivered by
the lord chancellor in the Williams and Wilson
Essays and Reviews cases, the competency of
tbs court, as court of appeal In ecclesiastical
matters has been yehemently assailed especially
in the Quarterly RCrteto, in which IL is CJnended
that the clergy should be absolute Judges of doc
nine in all cases. But seems to b. forgotten that
the clergy do not constitute the Church; and
most reasonable people will be of opinion, that
the lay element is especially required in tri-
buual which decides in the last resort an eccesi-
astical question, involVinginot merely docrinal
points but temporal rights. IL will be an evil day
for the clergy when the majority are left free to
persecute the minority.
A distinct personality is also wanting to the
tribunal which finds an appropriate place among
Mr.. X. DOyle's humorous and thoughtful Illus
tratiOns of "Manners and Customs Of ye Eng
lyshe in lSis." No. Is is headed "Highest Court
in ye Kingdom Ee Lords Hearing Appeals"
II represents the finest saloons in Europe, with
the lord chancellor on the woolsRck the counsel
addressing him; one lord reading a "Blue Book :"
another, with folded arms asleep; and a third Ca
striking likeness Of Lord Brougham, in plaid
trousers) in an attitude of mingled WEAKNESS and
rritabillty. lt j. undeniabe that this is hardly
carcature of a court which can oVeuule, one
after the other, If IL pleases the judgments Of the
highest tribunals in England Scotland, and Ire
land respectively. -Four peers being quorum
three lay lords and bishop arc regularly told Off
10 make court the aggregate is the "Highest
Court Of Law in ye Kingdom - and (wonder of
wonders , all who take, or have taken, part in its
proceedings maintained confidently that il works
we'll.
These sketches, however slight and imperfect
may help to verify or correct the popular estimate
of the bench. If it can boast of no brilliant CON
stellations or luminarios, II is marked by no
positive specks; and we should be puzzled to
name period when its members were less open
TO grave criticism or Teproach. The want of
polished demeanor in two or three is not
peculiar 10 the judicial body of our time; and
far worse blemishes are suggested in connection
with iliustricns names by the most cGrsory glance
at our forensic annals.
Lord Mansfield, as may he read in "Junius" was
pausibly accused of eXalting the prerOgative of
the crown at the expense Ofliberty OF the subject
-of undermining the common law, and Of mis-
directing juries for personal or political objects.
On his retirement, Thurlow, then chancellor, said
that he "besitated long between the corruption of
Butler and the intemperAnce of Kenyon" add
ing most gratuitously as regards Kenyon, mot
but there WAS a id deal of intcmpetanCC in
Buffers corruption in kenyOn's intemperiuce"
The prime minister, Mr.. Pitt, placed veto on the
nomination of Butler whom he himself, while
travelling the circuit, had seen try case affecting
political rights In q close borough belonging to
his (the judge's) family.
Kenyon has left great and well earned name
yet he indulged many peculiarities of opinion,
nay, many strong preiudices, which worked
injustice. His parsimOnious meanness in dress,
equipSge and style of living was prOverbial; I;
and his fondness for introducing supposed
quotations from the classics ludicTously mis-
understood, was so inyeterate as TO provoke
the rebuke of George H. "Pray, my lord, keep
TO your good law, and give us no more OF
Your bad Latin" In the amusing miscellany
entitled westminster Hail." he is represented as
addressing the jury. "HaVing thus discharged
your conscience, gentlemen, you may retire TO
your homes in peace, with the delightful
consciousness OF having performed your duties
WELL and may lay your heads on your pillows
and say, "d,A Cesar ait Rallls " In OOleridge's
"Table Talk" he is stated to have said, "Above all,
gentlemen. need name to you the Emperor Ju-
lian, who was so celebrated for the practice of
every Christian virtue that he was called Julian
the Apostle" Granting that sundry barons Of
the eXchequer need Latin authorities to be trans
lated for them, they do not parade their ignorance
in this fashion.
Lord Kenyon's undue partiality for Erskine is
fixed by happy quotation Of Laws (Lord Ellen
boroagh), in reply to an angry explosion Of the
favorite -
Non me tua feryidA terrent
Dicta, feroN. Dii me terTent ct Jupiter hOstis'
Lord EllenbOrough on succeeding Lord Ken
yOD, declared that no gentleman should be Sub
jected TO the indignities which he himself had
endured from, or seen inflicted by, his predeces-
sor and with rare exceptions, he kept his word.
But with all his high qualities he had his faults.
political opponent like Lord COchrane (after-
wards Earl of Dundonald) had small chance Of
justice At his hands; he would fain have slenced
altogether those charged with Ofenses against
religion, like the publishers Of Tom Paine; and
in his eyes q libel against persons ID authority
was a crime more dangerous 70 the public peace
than housebTeaking.
TalfOuTd introduces an amusing anecdOte in
his "Vacation Rambles," in these words :-"Lord
Rllenborough had come down after an interVa,
during which his substitutes had made slow
progress, and was rushing through the list like a