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was nothing in it similar to the case now be to support himself or his near relation in fore the house; nor was the disclosure of another town. There were about 700 votes that letter a proof of much gratitude on the in Southampton; and out of that number part of the gentleman in behalf of whom it he did not think that his son got more than had been written. Had he deserved the two from the recollection of

any

kindness blame that was imputed to him, not only conferred upon the freemen by bim or his should he have deserved the censure of that connection. Indeed, some who had pro. house, but also the forfeiture of his employ- mised hin their votes, were deterred from ment. As to the libel against him, alluded to keeping their promise; for they were afraid by the noble, lord, it was not matter grave that if they did, they might expect to lose enough to be brought before that house: but their situations. Such was the system of it had got into a newspaper, and he had laid terror acted on by ministers, of which he his hand upon the printer, and called upon should adduce a variety of proofs, if the him to make good his charge. He did not committee moved for was appointed. The institute a criminal prosecution against the right hon. gent. related an anecdote of one man : such was not his object; for his only gentleman who promised him, and afterwards wish was to clear his own character. Under broke his word, alledging that he dared not that impression, he brought his civil action, vote otherwise. Mr. Garrett, the brewer, at and obtained a verdict and damages. This Portsmouth, had, it was true, done great libel had lately been re-published, and there services in favour of the unsuccessful canwas room to believe, under the direction of didate, but he lost the supply of the Dock a distant relation of the noble lord opposite three days afterwards. He declared that he to him (lord Temple). He could see no never liad an action brought against him but ground of charge against him in it now; for by Smith, and he certainly should have acted if there was, he had given a fair opportunity the part of an ideot, had he withstood his to prove it, and the proof had failed. His demand on any other ground than justice. motives for countenancing the present peti- He defied the whole world to prove that he tion were very different from those imputed had ever wounded the feelings of individuals to him: it was not to support his popularity, for the purpose of extorting their votes. or to wound the feelings of the hon. gent. Mr. Calcraft repelled the charge which against whom it was directed ; no-man could the right hon. gent. had advanced against entertain more sincere regard for that hon. him. He declared that he never heard that gent. than he did. But there were several the letter referred to was in the hands of any facts - that called for censure, and which person, until about two months since, when might be proved if the house acceded to the he was informed by the secretary of the treapresent motion.—He should now chiefly re. ury that he had got such a letter, with his fer to the conduct of an hon. gent. (Mr. answer to it, which he had quite for ot to Calcraft) in the town which he had the lo- have ever written. That he had ever used nour 10 represent, to which that hon. gent. any threat to the magistrates of Christ-church came and used entreaties and threats, to in. he most solemnly denied, and therefore the Auence the election of the municipal officers right hon. gent. ought not to rely on their of that town; when afterwards parliament information. Incieed, if such informers were was dissolved, letters were brought down to be trusted, they told some strange stories by the same gentleman, under the hand and of the right hon. gent. himself. For the only seal of the secretary of the treasury, to insti- time he saw those magistrates was at the house gate the custom house officers, who were of a respectable inhabitant of Christ church Jisabled by law from taking any part in who was p.esent at the conversation ; 'and such matters, to exert themselves in support they stated that the right hon. gent, told them of the friends of government.

In another that he was not in opposition to government, instance, a military man had received the that he never thwarted the mcasures of minise same instructions ; and the burgesses were ters, but that on the contrary, he was on hunted from one end of the town to the the most intimate footing with many of the other, when, after all, not more than one vote principal members of the government, and could possibly be obtained. He certainly, that he was assisting the chancellor of the at more than one public meeting, had in-exchequer (a laugh. Would the right hop. veighed against such practices of govern- gent. then advise that credit should be ment; and he was now ready to declare, that given to such authority? But with reference he never knew of any such practised by any to the question before the house, the right administration in this country. For his part, hon. gent. ought to have ha i the candour be never had recourse to such means, either to state that these very magistrates voted, for VOL. VIII.

3 E

him, and yet they were never disturbed in Rose, right hon. G. Townshend, hon. W. tlie offices which they held under govern. Ryder, hon. R.

Rose, G. H.

Tremayne, J. H.

Turton. sir T. ment, and yet that government was,

accord-
Smith, J.

Vyse, R. ing to the right hon. gent.'s sentiments, ca- Somerset, lord A. Ward, R. pable of abusing its power for the purposes Sianhope, S.

Williams, R.

Stewart, hon E. R. of revenge and undue influence.

Wright, J. Adkins The Solicitor General thought it very Sution, c. M.

Stopford, lord

Wood, T.

Tellers. singular that the right hon. gent. (Nr: Strutt, J. H.

Sir H. Mildmay Pose) should, as he stated, have formed Taylor, w.

T. A. Smith, a resolution not to speak in the course of the debate, considering the important facts

HOUSE OF LORDS. which he had alledged, and the written

Monday, February 16. evidence which he bad brought with him to support those facts. But really the right Grenville said, he had the honour to pre

(SCOTCH JUDICATURE BILL.] Lord hon. gent. could not himself rely on the sent to their lordships the bill of which he truth of such allegations, or he would not had some time since given notice, for the have neglected, with all the solicitude better Regulation of the Courts of Justice which he professed and felt to preserve in Scotland: On entering into the disthe freedom of election, to bring them forward in the first instance; for they were better than by obviating a misrepresen

cussion of this subject, he could not begin surely much stronger than the case to which tation which bad been industriously circrthe notion referred. But, in point of fact

, lated, and which had stated his object it was not to be supposed that the hon. to be, to assimilate the law of Scotland gent. would have declined to put these

to that of this country.

He had no sirong cases in the front line of his attack such view, nor could he conceive any on ministers, if he thought they could have been maintained, much less that he wild and pregnant with danger, than

tlieory more erroneous, any project more should have determined not to state them that of endeavouring to impose the laws at all, it he had not been irritated by of one country upon another, without consomething which fell from his noble friend sidering the difference of habits and manbelow him (lord Ilowick). Therefore this important communication from the right bad he ever so stated it, to propose any

ners. It was no part of his intention, por kon. gent. was not owing to an anxiety alteration in the law of Scotland; his obfor public justice, or the maintenance of a

ject was that that law should be better admifree election, but to personal resentment.

nistered. That some measure of this nature After a few words from lord Howick, Mr.

was absolutely necessary must be obvious Ruse, Mr. Asheton Smith, and Mr. Herbert, to their lordships. Tlieir table was now the house divided, when there appeared,

loaded with Appeals, the greater part of For the motion ,

57

which were from the Court of Session in Agaiist it....

18+

Scotland, and which increased so much Majority against the motion ----127

faster than it was possible for their lordList of the Minority.

ships to decide upon them, appropriating

for that purpose all the time which they Baker, W. Huntley, lord,

could devote consistently with the other Barne, s.

Jeffrey, J. Beach, H. Jenkinson, C.

duties which they had to perform, that Biddulpli, M. Joddrell, H.

their lordships' house bad nearly become Bourne, W. Sturges Johnstone, G.

bankrupt with respect to the administration Brodrick, hon. W. Knatchbull, sir E. Brook, lord Kynaston, P.

of justice. He meant vot to throw the Bruce, lord Lethbridge, T. B.

slightest imputation upon the learned perBurrell, Sir C. M. Lascelles. hon. E. sons who composed the court of sesC'anning, right hon. G. Leslie, C. P.

sion: nor did he wish in this discussion to Cartwright, w. R. Leigh, R. Holt

make the least reference to individuals. Cistlereagh, lord Long, right hon, C. Chamipernownc, A. Long, R.

It was the constitution of the court of Cowper, hon. E. S.

Magens, M. Dorien session itself which was faulty, and which De Ponthieu, J. Osborn, J.

rendered it impossible to do justice to the Fine, ).

Patteson, J. **Clones, hon. N. Peale, sir R.

suitors, in that court; above all, to do izhu,

Perceval, hon. S. speedy justice, which was most essential to .., lun. W. Robinson, hun, E.

the due administration of law. The ar

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It 123

cumulation of business in the court of diately canvassed by an enlightened bar, session had arisen from causes which were and would be soon examined by public highly satisfactory; from the great improve opinion. The suitor having his choice to ment which had rapidly taken place in commence his suit in either of these courts, Scotland since the American war, in com- public opinion would soon point out by il!e merce, in manufactures, and in agriculture. preference given, in which, if in any, there The extension of commerce and of manu- was the superiority of learning or the more factures necessarily gave rise to a great enlightened decisions. The proposed meianumber of suits frequently involving ques- sure of the three chambers would do no tions highly complicated, and which at the violence to the constitution of the court of same time were in a great degree new to session, which was originally analogous to the court of session. Thus it liad hap- the parliament of Paris, and which might pened that the business of that court had be naturally divided in this way. 50 greatly accumulated, that no thought by some that it would be better to new suits to he instituted, it would require divide the court into two chambers, which two years to get through the business al- in that case must consist of eight and seven ready before the court. It was obvious, judges.

It was obvious, judges. He was decidedly, however, oi therefore, both with respect to appeals to opinion, for the reasons he had stated, that house from the court of session, and that the three chambers would be much with respect to the business of that court preferable. The next point to which he itself, that an evil of great magnitude ex- had to call their lordships' attention was, isted, to which it was necessary to apply a the proposed alteration of the trial by jury remedy. He had stated last session the in Scotland to civil cases. Of the inesexistence of this evil, and had proposed timable advantages of the Trial by Jury, Resolutions which were adopted by the every Englishman must be perfectly conhouse with the view of leaving the subject vinced, and it was surely not giving ? open for consideration. He now proposed too much to any prejudices, which he, is to carry into effect the measure, the outline an Englishman, might have in favour of of wbich was then suggested, with such this admirable instilution, for hiin to supalterations and improvements as had been pose that it might be extended to Scotland suggested by further consideration. The with infinite advantage in civil cases, as it first leading point to which he wished to call i had been in criminal cases, and in suits intheir lordships' attention was the division specting the revenue. Nothing was more of the court of session into three chambers, conducive to the due alministration of consisting of five judges each. He was justice than the clear distinction of laru decidedly of opinion that justice would be and of fact, that the facts of a case should much better administered by three courts be brought to an issue of fact, upon which or chambers thus constituted, and having a a jury might decide, and that the law, its co-ordinate jurisdiction, than by all the applicable to those facts, should be clearly 15 judges sitting as at present in one distinguished: thus, confusion would court. With the smaller number of judges avoided, and the law and the facts of each much less time was taken up in deliver- case being accurately pointed out, justice ing opinions, and there was a less chance would be administered with clearness and of difference of opinion arising. If these precision. This would alone be effected 15 judges were to deliver their opinions, by the trial by jury, and by the facts of a and each of them, as in the court of case being brought to that point of issue in Session, had to examine voluminous writ- which a jury could decide. In proposing, ten documents, it must unavoidably hap- however, to extend this institution in civil pen that differences of opinion would cases to Scotland, it was proposed to confrequently arise, and that considerable fine it to suits respecting what he would delay would take place before a de- denominate personal rights, and to extent cision could be had upon any suit before it to suits respecting landed estates. The them. It was, besides, of the greatest reason of this was, that from the nature on advantage that there should be two or the law of Scotland, with respect to landen three courts of justice of co-ordinate juris. estates, the rights to these estates became diction, the decisions in which openly wholly a question of law, and involved on made, and the opinions of the judges of question of fact upon which a jury coulik which openly delivered, would be imme-decide. The only remaining point whicla

lie had to touch upon was the institution he had presided. Having thus detailed to of an intermediate court of appeal. The their lordships the outline of the proposed necessity of some such arrangement was plan, he submitted it to them, trusting that obvious, in order still further to prevent it would be maturely and deliberately contoo frequent appeals to that house." It was sidered, assured that they would not inproposed that appeals to that house should pute to him the vanity, and in his situation only lie against final judgments and not the criminality, of being so attached to his against interlocutory decrees. With respect own plan, as to reject any alteration, to the coustitution of the intermediate boping that their lordslips, in their delibercourt of appeal, some doubt had arisen alive wisdom, would on the contrary sugas to how far it was competent for the gest such alterations as they might deem legislature to institute a court paramouut advisable, with the view of rendering this to the court of ssesion, it having been pro- measure more perfect, more adequate to vided by the act of union, that that court the object which was proposed to be should retain all the privileges which it then effected, and which he was convinced their possessed. It was however, also provided in lordships would deem not only expedient that act, that it should be competent to the and advisable, but absolutely necessary for legislature to make such regulations as it the due administration of justice to his should deen advisable for the better ad- majesty's liege subjects in Scotland. To ministration of justice in Scotland. Their carry into effect an object of this magniJordships would likewise be aware that at tude and importance, required all their the time of the act of union the court of lordships' deliberative wisdom, but he was session consisted of 14 lords, and of 4 convinced that with the amendments and extraordinary lords. It was however deem- alterations which might be suggested, after ed advisable in the reign of George I. to add the subject had undergone still further conone to the 14 lords, and to take away the sideration, the proposed plan might be 4 extraordinary lords. The court of session, rendered productive of the greatest utility therefore, as at present constituted, was not and advantage to Scotland. He submitted the court of session as existing at the time the plan to the exercise of their lordships' of the act of union, but as constituted by the judgment and deliberation. He proposed, act of George I. and the competency of the in order to give time for the due considerlegislature to make such alterations in the ation of the subject, that the second reading constitution of that court as it should deem of the bill should not take place until that necessary for the better administration of day three weeks. His lordship concluded justice in Scotland was completely recog- by presenting a bill for the belter regulation nized. The mode in which this interme- of courts of justice in Scotland, diate court of appeal or court of revision The Duke of Montrose expressed some was proposed to be constituted was, by doubts with respect to the efficacy of the empowering his majesty to appoint a pre- proposed plan, and particularly with resident of that court, and also to appoint spect to the extension to Scotland of the the lord chief baron of the exchequer in trial by jury in civil cases. This part of Scotland a lord of session and a member the plan would lie thought create con of this court, and the three presidents siderable alarm in Scotland, if proposed to of the three chambers into which the be extended to the whole of that country, court of session was proposed to be di- | as it would alter the value of securities vided to be also members of this court. at present perfectly legal, Thus constituting a court of 5 judges, Lord Eldon expressed his entire approone of whom would necessarily be the bation of the general principle of the bill, president of the chamber, where the suit and declared liis wish to give every assistrespecting which an appeal was brought, ance in promoting the great object which had been in the first instance decided upon, was proposed to be attained, which he conand at whose option it would be to attend sidered of the most essential importance, the court of revision upon the hearing of and with respect to which it liad been his the appeal respecting such suit, but whose intention to propose soine measure with presence the other judges might on many the view of remedying the evil which yn. occasions deem advisable in order to give doubtedly existed. He acceded to the thein information respecting the suit over proposed measures of having three chamthe decision of which in the inferior courtbers or courts and a court of revision, convinced that the most essential advantages if it was understood that the second readresulted from the three courts of law in ing should take place on that day three Westminster Hall, which were in fact weeks, and the cominitment on that day four courts of revision with respect to each wechs, it would meet the wishes of the noother, the decisions made in each becoming ble and learned lord. subjects of discussion in the others, and the The Earl of Suffolk approved of this aropinions of the judges upon importaut rangement, but thought the salaries of the points of law being perfectly well known. 1 judges in Scotland not adequate to their He had no doubt that although for some situations. time probably, if this measure was carried The Lord Chancellor highly approved into effect, the court of revision would have of the proposed plan. With respect to the a great iuflux of business, yet that from the trial by jury, he considered it totally uuneadvantages resulting from three courts of cessary to say a word in its praise; its beneco-ordinate jurisdiction, that court of revi- fits were too obvious to need his commension would, in the course of a few years, be dation; to this measure it was of essential as seldom called upon as the court of error use, in order that questions of fact might or exchequer chamber in this country. He be decided upon, and that appeals might wished to impress their lordships with res- be contined to their proper province, quespect to the trial by jury, that the court of tions of law.-The bill was then read a session was a court of equity as well as a first time and ordered to be printed. court of law, and therefore that it would require considerable care in framing provi

HOUSE OF COMMONS. sions for the purpose of forming issues of fact to be tried by a jury. He thought it

Monday, Februury 16. would be more advisable to fix the second [NEW PLAN OF FINANCE.] Lord reading for that day month, instead of three Castlereagh rose for the purpose of moving weeks.

the postponement of his Finance Resolutions Lord Hawkesbury concurred in opinion from this to some future day. He knew with respect to the principle of the mea- that in considering the Resolutions of the sure, except as to the extension of the trial noble lord, (II. Petty) bis own must of by jury, as proposed in the bill, respecting course come under review, but he hoped which he had considerable doubls. lle that the noble lord, considering the maguithought it would be better to detach this tude of the subject, would be disposed to from the bill, and make it the subject of a grant some further delay. At all events, separate bill.

he was desirous of entering upon some ex : Lord Ellenborough was decidedly of opi-planation of the moditication of the noble nion that the extension of the trial by jury lord's plan, which he had offered the other was essential to the proposed measure, inas- day, as he was aware that from the short much as they must look to that for the time allowed him for consideration, there purpose of lessening the quantity of appeal- might be some objectionable points in it. able matter to that House. He was so What he had offered was nierely a moditithoroughly convinced of the essential ari- cation of the noble lord's plan, and he prevantages to be derived from this part of the sented it only with a view to relieve the noble plan, and that it was so great a boon to lord from the embarrassment to which he Scotland, that nothing but petitions from must otherwise be exposed. He, however, the whole population of Scotland against felt that an explanation was the more nethe measure could convince him that it was cessary, because though from this it should unwise or inexpedient.

appear that this modification was more Lord Grenville expressed great satisfac- objectionable than was at first apprehendtion at the liberal manner in which this mea-ed, yet the noble lord in pointing out the sure had been received by the house. With defects of this, would give an illustration of respect to the second reading of the bill, it the defects of his own plan, and coinbat his was his wish that if the measure passed that own proposition rather than prove the exhouse it should be sent down to the other pediency of the modification. He wished house of parliament in a reasonable period therefore that his modification should be of the session, and with that view he wished clearly understood, though it would not the bill to be committed previous to the give relief to the extent which be at first Easter recess. He thought, therefore, that supposed. His lordship then acknowledge

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