New-York tribune., 1893-12-02
LORD HERSCHELL.
HIS DEFENCE OF THE BENCH AND Hin
COLLISION WITH THE RADICALS.

attempt OF the Radicals to discipline" the word
Is Mr.. Gladstone's-the Lord Chancellor In the
matter Of appointments to the Magistracy II
raises again in England, and In new FORM thu
question "Do the spoils belong to the victorrs
And IL they do, are appointments to the Bench
in the nature of spoils? "a
The maxim axiom-or whatever 1t be or
seem to the American politician-of Jackson or
Of Marcy-for it is disputed which Of that In
teresting pair first announced it-has now been
adopted as a rule OF political conduct by q
considerable faction Of the Gladstonan party
The deputation which presented itself to Lord
Herschell on Wednesday numbered more than
2SO members of Parliament or these, about
seventy were Irish. 1t Is not at first sigho
quite clear what the Irish have to do with tho
matter. Appointments to the Irish magistracy
rest with the Irish Lord Chancellor. But the
seventy Irish M. P.'s had kindly expressed their
wish to assist the Liberal party and the masses
Of the people Of Great Britain in this important
matter, and in the carrying out Of other great
reforms demanded by the people" SO said Mr..
Aipheus Cleophas Morton, who introduced the
deputation to the Lord Chancellor. 1t Is -
prologue to the omen coming on,"-a foretaste Of
that blessed period, after Home Rule shall have
been granted to Ireland when the Irish are to
rule themselves and also the people of
England. 90
1t is new thing to see $50 members OF the
House of Commons put themselves under II
lead Of Mr.. Alpheus Cleophas Morton. He is
rather boisterous legislator, with gift Of saying
offensive things in an offensive way. He has
hitherto had no followers. Now he has found
a subject which this large band do follow
him, even into the august presence Of the Lord
hat
proves that the subject is more than the leadsr.
The $50 are so deeply interested in jobbing the
magistracy that they will follow anybody who
will lead them. Mr.. Morton was willing to
take the trouble to organize a deputation, and
It grew to these dimensions Behind 1t Is
resolution Of the House of Commons passed no
very long time ago by a party vote-a resolu-
ton. for that is what it comes to, in favor OF
putting more Liberals on the Bench.
II is believe, admitted that a large majority
Of both county and borough magistrates are
Conservatives, or are. in Mr.. Mortons words.
Liberal Unionsts which Is worse STILL" The
reason is not far to seek. The present prepon-
derance dates from 1885. Before that time the
balance Of parties was more nearly equal But
In 1886 came the split on Home Rule. A very
large proportion of the best people in the Liberal
party-of the classes from whom the Bench IN
this country has always been recruited--declined
to follow Mr.. Gladstone The Liberals on the
Bench became Liberal Unionsts. and have re-
mained so. Hence the present complaint and
the present proceedings.
Never perhaps, has deputation had to listen
to such a rating as Lord Herschell bestowed on
Mr. Morton and his followers. 1t was the moro
severe because so extremely courteous and even
friendly in phrase. Lord Herschell and the ESQ
belong to the same political party; or nearly the
same. They are all, at any rate. followers or
Mr. Gladstone. Hard words between colleagues
would be out of place Yet IL you go below the
surface IL you strip Off the veneer and the
varnish. IL you look at what was in the minds OF
each you will see that the antagonism between
them is very clearly defined Mr.. Morton and
his $50 go to the Lord Chancellor and they say
to him. in substance and effect, this
There are too many Conservatives and too
few Liberals on the County Bench. We want
YOU TO redress the balance. The House of Com
mons has said it ought to be redressed.
but you pay no attention to the resolution OF
the House. or too little attention. You go on
nominating men on the recommendation OF the
Lord Lieutenants, who are the mere organs or
class cliques. We want you to disregard the
Lord Lieutenants and appoint such men as we,
members of the House of Commons, recommend.
Thus and not otherwise can the Bench De re-
formed and party claims satisfied. and good
Gladstonians convinced that justice will be
done"
And Lord Herschers reply. which fills four
columns. may be summed up thus
Gentlemen, 1 am Lord Chancellor, and not
you That is your first mistake. am respon.
sible for these appointments: you are not ana
so long as I am responsible. I shalt rely on
nv own Judgment and not on yours Your very
presence here implies suspicion and distrust' l
must. therefore. tell you plainly that some OF
the men you have asked me to appoint are
grossly and utterly unfit to be put on the Bench.
They would lave been disgrace to IT, and the
disgrace would have fallel, not on you, p,it on
me- AS to having more Liberals agree WIN
you, we ought. But the Bench cannot be MADE
Liberal all at once, and you ask M TO take
not only politics but religion into CONSIDERATION
which makes Il the more difficult. You must
he content IL we go slowly. l do not put ei'her
politics or religion aside nor even class ques-
tions But the first thing is to choose fit men.
II can find Liberals and Nonconfcrmists ana
tradesmen and workingmen who are nt' VIII
appoint them in reasonable numbers. But my
duty Is to consider the administration OF JUS
tice. and will do that first. l shall continue 10
consult Lord -Lieutenants. but, whether l con-
suit them or you, or anybody else, my first ana
last word is that l act on my own responsibility
and shall therefore act on my own Judgment
This. I repeat, Is not Lord Herschers IAN
guage. but It does fairly represent the purport
and pith of his long, minute. elaborate. and In
almost all ways admirable reply to Mr. Morton
and the deputation. 1t amounts to direct
negative upon their proposal. He answers IN
the negative both the questions asked In the
beginning Of this letter. In Lord Herschelrs
opinion appointments to the bench are not IN
the nature Of political spos. and do not belong
to the victors. He is himself a party man. ana
a strong one. Nay. the Lord Chancellorship
is party Office, and the occupant OF 1t comes IN
and goes out with his party. For all that ne
will not prostitute it to party purposes He mas
done something to Liberaze, in the party sense
both the county and the borough bench. 1t was