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cumstance of its being preferred tends to other way, it will be far nearer the truth. make it more deserving of preference; of the really important business, as refor if the favour towards it began in mere gards both its difficulty and importance to caprice, the great amount of business the law, and, indeed, to the suitor, a very draws thither the best practitioners, to say large proportion is done in that back-room, nothing of judges; and the better the court, and before these three judges; it is done the greater will be its business. The same in a corner, and, I may say, disposed of action and re-action will operate favourably, behind people's backs, with only the atwhich I before shewed in its unfavourable tendance of the attorney and barrister on effects, where a court was declining.-- each side, or, at most, with the presence " Possunt quia posse videntur.” The expe- of these and of the practitioners waiting for riment of 1821, having failed entirely, was the next cause; and as the court is not not repeated.

frequented by the public any more than the Another attempt has subsequently been profession, the business may certainly be made to relieve the court of King's-bench said to be transacted without due publicity from the pressure of Term business, which and solemnity. · Thus we see, that by this must always bear a proportion to the Nisi arrangement, while the most interesting Prius causes. This system is still going matter is overlooked, trifling business and on, under the bill brought into the House points of no importance are brought forby the present Chancellor, and of which, ward with all possible observation : though he was induced to patronize it motion for judgment as against the casual officially when Solicitor-general, I have ejector, which is a motion of coursema reason to believe he never much approved. motion to refer a bill to the Master As this arrangement is compulsory, the to compute principal and interest--for client having no choice, it cannot well judgment, as in case of a nonsuit-and fail; but I heartily wish that it had a thousand others, either of course or of failed, for it has done much mischief, and the most trifling moment, are heard with is certainly one of the worst changes that the utmost publicity, before the whole has ever taken place. It is true, the great court-before the whole bar-before the pressure of business requires that some-whole body of attornies—before the whole thing should be done; but it is equally public-all of which might be settled by true, that the right thing has not been three judges in a corner, or by any one of adopted; for, where the King's-bench sits, them, or by any one of their clerks. The with the chief justice presiding—where consequence is, that much time is lost to the suitors resort—where the bar is mustered the full court, while the most important - where the public attend—where all the business-special arguments, raising the counsel and attornies appear—where the greatest legal questions — new trials, inbusiness is disposed of, as it ought to be, volving both matters of law and facts afgravely and deliberately, with the eyes of fecting large interests; and the crownmankind, with the eyes of the bar, as well paper comprehending all the questions as of the world at large, turned on the from Session, are obliged to be heard in proceedings—would not every one point the private and unsatisfactory manner I to as the place in which all important have described. I wish this system to be legal questions ought to be decided ? remedied, because it is a great and growWould not any one, on the other hand, ing evil. It may be said, that the judges say, if another court were instituted in a have not time to do the business. I deny sort of back-room, where three judges that: there is time. Six hours a day, well were sitting—where the only persons pre- employed, would be amply sufficient for sent, beside the judges, were the counsel all purposes. Let them come down to and attorney employed on either side of the the court at ten o'clock in the morning cause that was pending—where there was and remain till four—a period of six hours no audience, and the public eye was en-| --and the business may be done. But tirely directed not upon but from that to the system is at present extremely ill-arthe other court-would not any one, I ranged; and I will show how, without ask, declare, that a court so constituted having any one to blame for it. The was the place in which the trifling business judges do their utmost, but they cannot alone should be transacted : These, I remedy the evil without your aid. think, would be but natural conclusions ; see how their time is employed. They are and yet if the matter be stated exactly the supposed to come to the court at ten

Let us

It will,

o'clock, and to remain there till four. ( vellous powers of three or of nine. Twelve Surely this time may safely be pronounced appears to be the number in his view, conto be sufficient for the transaction of their nected with all that is important and business. Then why have they not these venerable, either sacred or profane, ancient six hours? There are two reasons for or modern ; but as I, unfortunately, do this :--the one is, that bail must be taken not possess the lights by which he was by a judge. Mr. Justice Bayley, no guided, I cannot help thinking that fourlonger ago than last Monday, was occupied teen is a much better number than twelve, the whole day in the Bail court; and this although it may not be so good for morning Mr. Justice Holroyd was not able division; and although I cannot quote to get away till twelve o'clock. I cite the fourteen Apostles, or the fourteen these instances of late occurrence, Sir, Tables, or the fourteen wise men. that you may see how closely I desire to indeed, divide by seven, which is more keep by the actually existing state of the than can be said of twelve; but I rely not facts ; but every week furnishes examples upon that superiority: it has another as well as the present. Thus, then, we arithmetical quality of more importance. see that in one case a whole day was lost, as Though neither so divisable, nor so beaufar as regards a full court, and in another tiful, nor so classical as twelve, it contains two hours, merely for the purpose of attend two more units than twelve--beats it by ing to trifling business, which might just two beyond all doubt or cavil; and that as well be transacted by a commissioner, superiority recommends it for my present say a barrister of ten years standing. I purpose. If twelve was beautiful in the The other reason why the judges' time is days of lord Coke, fourteen must now, I mispent, arises from chamber business, fear, on this account take its place : for which consists in the learned judges', the how any one can suppose, that twelve men profound lawyers, the great magistrates, can be able to do now, what they were only whose names I have made free to mention, able to do centuries ago, is to me matter sitting at Sergeants’-inn to hear the of astonishment; now, that they have squabbles of attornies, and the clerks of seven or eight hundred causes to try, attornies, among themselves, for barristers where they formerly had but thirty or forty, rarely attend : this takes them in rotation and when we know, that in the time of away from the court at three o'clock; so lord Mansfield, in the late reign, sixty that, in fact, while their nominal time is was reckoned a large entry, from ten to four, they are only, on the This, Sir, is one of the illustrations average, really present from eleven or which I would give to expose the heedless twelve to three, by which, instead of folly of those who charge the Bench and transacting business during six hours, the the Bar with causing all the delays in time is reduced to three, or at most four legal proceedings. How can it be exhours per day. And what, Sir, is the in-pected, that twelve judges can go through ference from all this? Obvious enough, the increased and increasing business now, certainly: for though it may be fairly when the affairs of men are so extended contended, that the business of the Bail- and multiplied in every direction, the same court could be transacted by a commis- twelve, and at one time fifteen, having sioner, it may, perhaps, be doubted whe- not been much more than sufficient for ther the Chamber practice does not re- the comparatively trifling number of causes quire a judge to perform it, considering tried two or three centuries ago? But, the points to be disposed and the per- there is a far more unthinking and more sons to be controlled. There may, there- dangerous prejudice to which the same fore, be a sufficient excuse for the arrange- topic is a complete refutation-I mean ment, as matters stand at present, and yet the outcry against innovation, set up as a remedy may be necessary, as it may often as any one proposes those reforms, certainly be found in changing the cir- rendered necessary by the changes that cumstances. For my own part, I frankly time, the great innovator, is perpetually confess that I am one of those who do not making.–Tempus novatur rerum.— Those see the permanent excellence that some who advise an increase of the judges besuppose to be vested in the number yond their present number are not innotwelve ; although lord Coke has spoken of vators. The innovators are, in truth, those it with a degree of rapture like that of the who would stand still while the world is Algebraist, when he dwells upon the mar- 1 going forward,-- who would only employ

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the same number of labourers while the be held out to them, the natural conseharvest has increased ten-fold,--who, ad- quence must be, as long as men are men, hering to the ancient system of having but that they will have a disposition growing twelve judges, although the work for them with their years to do as little as possible. to do has incalculably increased, refuse to I, therefore, would hold oụt an inducemaintain the original equality, the pristine ment to them to labour vigorously, by fitness of the means to the end, the old allowing them a certain moderate amount efficiency and adequacy of the establish- of fees : I say, a very moderate amount, a ment; but they are not innovators who very small addition to their fixed salary, would apply additional power when the would operate as an incentive; and if this pressure exceeds all former bounds-who, were thought expedient, it ought to be so when the labour is changed, would alter ordered that such fees should not be in the price of workmen employed, and thus proportion to the length of a suit, or the preserve the proportions that originally number of its stages, but that the amount existed in the judicial system—who would should be fixed and defined once for all, most literally keep things as they were, or in each piece of business finally disposed return them to their primitive state by of. I am quite aware that this mode of restoring and perpetuating their former payment is not likely to meet with general adaptation and harmony. The advantage support, especially with the support of the of the addition I am recommending will reformers of the law; but I give the sug

I become the more evident, when I consider gestion as the result of long reflection, the Welsh judicature, which I believe to which has produced a leaning in my mind be the worst that was ever established. towards some such a plan. I throw out Why should not the two judges be re- the matter for inquiry, as the fruit of ceived amongst the others, and divide the actual observation, and not from any fancy Welsh circuits with the old ones ? Not that I have in my own head; but I may that I mean they should always take those also mention, that some friends of the circuits, but each might take them in his highest rank and largest experience in the turn, as each in his turn might sit in the profession, agree with me in this point, court of King's-bench and Common Pleas, men who are among the soundest and and at the Old Bailey, besides dividing most zealous supporters of reform in the with the chiefs the sittings at Nisi Prius.* courts of law.

There are two observations, Sir, which The other general observation that I I have to make relative to the judges ge- have to make, with respect to the judges, nerally, and which I may as well state is of a nature entirely different from the now I am upon that subject. I highly last which I have submitted to the House. approve of paying these learned persons The great object of every government, in by salaries, and not by fees, as a general electing the judges of the land, should be principle ; but, so long as it is the practice to obtain the most skilful and learned not to promote the judges, which I deem men in their profession, and at the same essential to the independence of the bench, time, the men whose character gives the and so long as the door is thus closed to best security for the pure and impartial all ambition, so long must we find a ten- administration of justice. I almost feel dency in them, as in all men arrived at ashamed, Sir, to have troubled you with their resting place, to become less strenu- such a truism; but the House will preous in their exertions than they would be sently see the application I am about to if some little stimulus were applied to make of it. Sorry am I to say, that our them. They have an irksome and an system of judicial promotion sins in both arduous duty to perform, and if no motive these particulars. Government ought to

fill the bench with men taken from among • The three puisne judges thus sitting the most learned lawyers and most acin banco, the fourth would each term complished advocates-men who have take bail, and insolvents and common mo- both knowledge of the depths of juristions in the morning, and chamber busi- prudence and sagacity to apply it--men ness afterwards; he would also take the who, from experience as leading advocates sittings in term, a serious inconvenience possess the power of taking large and enat present; and he might dispose of cer- lightened views of questions, and of tain classes of cases after term, as unde- promptly seizing the bearings of a case. fended causes and bills of exchange. There cannot be a greater error than theirs

who fancy that an able advocate makes a | is no chance for him ; that man is surely

. bad judge; all experience is against it. excluded. Men must be on one side of The best judges in my time, with the ex- the great political question to become ception of the present Lord Chief Justice, judges; and no one may hope to fill that than whom no man can discharge his dignified office, unless he belongs to the office more excellently and efficiently, side on which courtly favour shines; his have all of them been previously distin- seat on the bench must depend, generally guished as advocates in the profession. speaking, on his supporting the leading But not only should the choice be uncon- principles of the existing administration. fined by the legal acquirements and pro- But perhaps, Sir, I may be carrying fessional habits of the practitioner, there this distinction too far, and it may be ought not to be, in choosing judges from said, that the ministers do not expect the the bar, any exclusion or restriction. He opinions of a judge should exactly coinalone ought to be selected, in whom ta- cide with theirs in political matters. Be lent, integrity, and experience most abound, it so; I stop not to cavil about trifles; and are best united. The office of judge but, at all events, it must be admitted is one of so important and responsible a that, if a man belongs to a party opposed nature, that one should suppose the mem- to the views of government; if, which the bers of government would naturally require best and ablest of men, and the fittest for that they should be at liberty to make the bench, may well be, he is known for their selection from the whole field of the opinions hostile to the ministry, he can profession—that they would themselves expect no promotion-rather let me say, claim to have the whole field open to their the country has no chance of his elevation choice. Whocould suppose that a ministry to the bench, whatever be his talents, or would not eagerly seek to have all men how conspicuously soever he may shine before them, when their object must be in all the most important departments of to choose the most able and accomplished his profession. No one, I think, will But, although this is obvious and unde- venture to deny this; or, if he do, I defy niable, and although the extension of the him to show me any instance in the course ministers' search cannot fail to be attend of the last hundred years, of a man, in ed with the highest public advantage, as party fetters, and opposed to the princiwell as the greatest relief to him in per- ples of government, being raised to the forming his trust, is it the case that any bench. No such thing has taken place such general and uncontrolled choice is that I know of. Never have I heard of exercised? Is all the field really open? | such a thing, at least in England; though Are there no portions of the domain ex- we have, perhaps, known instances of men cluded from the selectors' authority? True, who have changed their party, to arrive at no law prevents such a search for capacity the heights of their profession. But on and worth! True, the doors of West- this subject, desirous throughout of avoidminster-hall stand open to the minister! | ing all offence, I will not press—I do He

may enter those gates, and choose the not wish to say a word about it. ablest and the best men there. Be his In Scotland, it is true, a more liberal talent what it may, be his character what policy has been adopted, and the right it may, be his party what it may, no man hon. gentleman opposite has done himself to whom the offer is made will refuse to great honour by recommending Mr. be a judge. But there is a custom Gillies, Mr. Cranstoun (now lords Gillies above the law-a custom, in my mind, and Carrhouse), and Mr. Clerk, (lord “ more honoured in the breach than the Eldin) all as well known for party-men observance,” that party, as well as merit, there as lord Eldon is here. Two other must be studied in these appointments. instances should be added—the lord Chief One half of the bar is thus excluded from Commissioner, who has had the signal the competition; for no man can be a happiness of presiding over the introducjudge who is not of a particular party. tion of jury trial into his native country, and Unless he be the known adherent of a Mr. Cathcart and lord Alloway; though, certain system of government.--unless he unfortunately, their party has been what is profess himself devoted to one scheme of now once more termed, the wrong side ; policy,—-unless his party happen to be but all men of the very highest eminence the party connected with the Crown, or among the professors of the law. Now, allied with the ministry of the day, there when I quote these instances in Scotland,

I want to see examples of the same sort | Does not this arrangement instil into the in England; for, however great my re- minds, both of expectant judges and of spect for the law and the people of the men already on the bench, a feeling of North may be, I cannot help thinking, party fatą! to strict justice in political that we of the South too, and our juris- questions I speak impartially, but unprudence, are of some little importance, hesitatingly on this point, for it is perfectly and that the administration of justice notorious, that now-a-days, whenever a here may fairly call for some portion of question comes before the bench, whether attention. But, Sir, what is our system? it be upon a prosecution for libel, or upon If, at the present moment, the whole of any other matter connected with politics, Westminster-hall were to be called in the the council at their meeting take for grantevent of any vacancy unfortunately occur- ed that they can tell pretty accurately the ring among the chief justices, to name the leaning of the judges, and predict exactly man best suited to fill it, to point out the enough which way the consultation of the individual whose talents and integrity best judges will terminate, though they may deserved the situation—whose judicial not always discover the particular path exertions were the most likely to shed which will lead to that termination. While blessings on his country-can any one the system I complain of continues, while doubt for a moment whose name would you suffer it to continue, such a leaning be 'echoed on every side ? No; there is its necessary consequence. The judges could be no question as to the individual have this leaning they must have it, to whom would point the common con- they cannot help having it—you compel sent of those most competent to judge; them to have it-you choose them on acbut, then, he is known as a party-man, count of their notoriously having it at the and all his merits, were they even greater bar; and you vainly hope that they will than they are, would be in vain extolled suddenly put it off, when they rise by its by his profession, and in vain desiderated means to the bench. On the contrary, by his country. I reprobate this mis- they know they fill a certain situation, and chievous system by which the empire they cannot forget by whom they were loses the services of some of the ablest, placed there, or for what reason. the most learned, and most honest, men There is no doubt that the present within its bounds.

judges will always discharge their funcAnd here let me not be supposed to tions with all the impartiality that any blame one party more than another; I man can expect from them ; but I speak speak of the practice of all governments without reference to individual habits or in this country; and, I believe, when the prejudices—I speak of impressions which Whigs were in office, in 1806, they did it is natural to expect must exist, where not promote to the bench any of their circumstances all conspire to create them ; political opponents; they had no vacan- | I speak, too, I must be allowed to say, cies in Westminster-hall to fill up, but in quite disinterestedly. I cannot take the the Welsh judicature they pursued the situation of a judge-I cannot afford it. accustomed course. Now, what is the I speak not for myself, but for the counconsequence of thus carrying party-prin- try, because I feel it to be a matter of the ciples into judicial appointments? The deepest importance; and from what I choice of judges is fettered by being con- have seen of the right hon. gentleman fined to half the profession ; so that you opposite (Mr. Peel), I really do hope to have less chance of able men; and those see this matter much more maturely you get are of necessity partisans, and, weighed, than it has heretofore been. therefore, less honest and impartial. Why ii.-I am afraid that I have already tired should the whole bench be Ministerial or the House with the length of these deTory? No man can desire it to be so, tails ; but I must now take my leave, for for the purposes of judging over a com- a time, of Westminster-hall, and beg of munity, far, very far, from being Ministe- you to mark, in the next place, the manrial or Tory. Yet it must be so, unless ner in which the law is administered in vacancies should occur during those visits Wales. Why should Wales, because it of Whig ministries, " few and far between,” | happens to be termed the Principality,

when once in a quarter of a century power have the ghts of property, and the per> falls upon that party, and then spreads its sonal privileges of the inhabitants, dealt

wings and flies from them in a few months, I with by different judges, and almost by a