different system from that which is esta- physical cause on the other, inadequate blished in England ? In England you to the discharge of the business which have the first men-men of the highest comes before them, pension them off-if education and experience-to sit in judg- they be barristers yet remaining in Westment on life and property. In Wales you minster-hall, and not fit to be raised to have as judges, I will not say inferior men, the bench, pension them off too : sure I but certainly not the very first, nor in any am, that theirs will be the cheapest penrespect such as sit upon what Roger North sion, nay, the most beneficial to the giver, calls the “cushion in Westminster-hall." “ being twice blessed,” which has ever I shall here show three great defects re- been bestowed. I verily think that the quiring a remedy most imperatively. Often- Principality would itself cheerfully pay times, those gentlemen have left the bar, this first cost of a better system. At all and retired to the pursuits of country gen- events, add two judges to your present tlemen. I do not say that they are, for number, and let them take, with the other that reason, unfit for the office of judge, twelve, their turn and share in the busibut still they cannot be so competent as ness of the country. Let the Principality men in the daily administration of the law, of Wales be divided into two circuits, and and forming part of our Supreme courts. then you will have the work well done, and In some cases they continue in West- quickly done, especially if you transfer minster-hall——which is so much the worse, the equity jurisdiction to the two courts -because a man who is a judge one half of Westminster. In addition to this, from the year, and a barrister the other, is not the accession to the present number of likely to be either a good judge or a good judges, the existing difficulties arising barrister. But a second and a greater from the bail court and the chamber pracobjection is, that the Welsh judges never tice will be done away. change their circuits. One of them, for And here, before passing to another instance, goes the Carmarthen circuit, head of judicature, the times of the ciranother the Brecon circuit, and a third cuits require a word or two. Not, perthe Chester circuit—but always the same haps, that this is of so much importance circuit. And what is the inevitable con- as the other defects I have already noticed, sequence? Why, they become acquainted or shall presently touch upon; but it rewith the gentry, the magistrates, almost gards classes of great importance in themwith the tradesmen of each district, the selves, judges, barristers, and solicitors; very witnesses who come before them, and and it touches also, in no little degree, the intimately with the practitioners, whether conveniency of the community at large. counsel or attorney. The names, the I should be most glad to see that follyfaces, the characters, the histories, of all for really I cannot call it by any other those persons are familiar to them; and name—that absurd and vexatious folly of out of this too great knowledge grow regulating Easter term by means of the likings and prejudices which never can by moon, done away with. It is said by many any possibility cast a shadow over the that this would be difficult to reform. I open, broad, and pure path of the judges see no such difficulty in the matter. Let of Westminster-hall. Then again they the law returns be made certain, and leave have no retiring pensions, and the conse- the moveable feast to the church. I have quence is, they retain their salaries long no wish to interfere with the terms and after they have ceased to discharge, pro- seasons of the church; let those be reguperly, the functions for which they receive ated as you please ; but let this inconthem. Now mark the result of all this. venience in the law be remedied, by making, On one of the Welsh circuits, at the last for Easter and Trinity terms, like those Spring Assizes, there were set down no for Michaelmas and Hilary, the returns on more than forty-six causes for trial; and some certain days. I remember that when how many does the House think were the late Mr. Erskine brought in a bill, in disposed of? Only twenty, and of the 1802, to fix Easter term, a learned judge twenty-six made remanets, are some that delivered himself iu print against the danhad stood over from the preceding assizes. gerous innovation ; and some persons, It is evident enough what should be done alarmed by him, exclaimed, “Only imahere. If any of the judges of the Principality gine the horror of attempting to change have become, from the extreme pressure Easter term, when all Christians throughof business on the one hand, or from any out the world have at present the unspeak able comfort of knowing that they are the circuit, and the long vacation, earlier keeping this great festival upon one and by four or five weeks in one year, and the same day.” For my part, I have no later by four or five weeks in another, is a wish to deprive them of this comfort, ad- most serious inconvenience in itself, and mitting it, as I do, to be unspeakable. quite unnecessary upon any principle. The day upon which Good Friday falls Only observe how hard the present system may be determined as heretofore, that is, bears, for instance, upon those who, like by the period of the full moon; by the myself, frequent the Northern circuit. It same certain varying rule may Éaster happened to me, that I did not get home Sunday be fixed for all clerical purposes ; till the 20th of September last year, having but temporal business ought not to be repaired to London on the 5th of October sacrificed to these ideas of some undefined the year before, so that I was engaged in spiritual consolation. There is no incon- my profession for eleven months and a venience in Easter being moveable, but half, and having been gratified, out of the there is a very great inconvenience in twelve months, by exactly one fortnight's making the law returns moveable. Why vacation for needful repose, when I should not, then, let the feasts of the Church have been obliged again to bend my steps remain changeable as heretofore, and the towards Guildhall, appointed to open on Terms of the courts, little enough con- the 9th of October, I naturally enough nected with sacred things, fall at a stated joined those who signed a requisition to period? Let it be counted, for example, my lord Tenterden, entreating him to defer from Lady-day, which is always on the the sittings. His lordship most hand25th of March. But why, indeed, must somely expressed his willingness to meet we continue to count from Saints' days, the wishes of the gentlemen of the bar, now that we have happily a very Protestant kindly returning the affectionate respect country, more especially under the govern- which all who practise in his court bear to ment of the present He stated his satisfaction at Why preserve any Romish folly of this being able to accommodate us, by sitting sort, and keep up a mere remnant of on Tuesday the 16th, instead of Tuesday popery? Let' Easter Term always begin the 9th, so that we obtained a week, for on the 10th of April, or on the 5th, and which we were thankful. My lord observthe inconvenience will cease. It is the ed, that in the state of his paper he could foolishest of vulgar errors to suppose, that. grant us no more; indeed, such is his by how much the more you vex and ha-resolution manfully and honestly to despatch rass the professors of the law, by so much his business, that he seems to take as much the more you benefit the country. The interest in his work as others do in their fact is quite the reverse: for by these relaxation. means you make inferior men, both in That his lordship’s paper was far too feelings, and in accomplishments, alone heavy, there cannot be a doubt, and so it follow that profession out of which the will always be. No one judge can get judges of the lund must be appointed. I through the mass of causes entered in the should rather say, that by how much the King's-bench, trying them patiently and more you surround this renowned profes- really hearing them to an end. Depend sion with difficulties and impediments, upon it, when more have been tried in the calculated only to make it eligible for per- same time, they have been half heard and sons of mere ordinary education, and forced to compromise or reference. Now, mere habits of drudgery, who otherwise if you will have two judges sitting at Nisi would find their way to employment in Prius at once, each of them taking a tradesmen's shops, or at best in merchants' particular class of trials-the one confining counting-houses-by so much the more himself to the heavy business, and the you close it upon men of talent and re-other to bills of exchange, promissory note spectability, and prevent it from being the cases, and undefended causes generallyresort of genius and of liberal accomplish the whole business of the court could be ments. I apprehend, therefore, that the got through both thoroughly and with convenience of the Bar is a matter which despatch; but, as the law now stands, it the legislature ought never to lose sight of, is utterly impossible for any man, in days where it clashes not with the advantage of consisting of no more than twenty-four the suitor. The having the Terms which hours, and labouring for eleven months in are moveable (Easter and Trinity), and the year, to dispose of the business before a a him. I say eleven months, for the Court, offer upon the manner in which their with the exception of a day or two of judges are appointed and paid. In the respite at Easter, and a week at Christmas, first place, I would have them better paid sat for eleven months last year, taking the than they are now; a reform to which I circuits as part of the year's work. would fain hope there may be no serious Another obvious distribution might be objection on their part, averse, as I know made without having two judges sitting them, generally, to all change. I think together in one court. If, as all real they are underpaid in respect of the most actions have their domicile in the Common important part of their functions. The Pleas, actions which, in their nature, par- judge of the high court of Admiralty, who take of real actions, as ejectments, tres- has the highest situation, or almost the pass to try title, and so forth, might be highest, among the judges of the land carried there too. Other suits might be (for there is none of them who decides susceptible of a similar classification, as if upon questions of greater delicacy and actions respecting tithes, which are not moment, in a national view, or involving frequent, bills of exchange, and promissory a larger amount of property)--this great notes, were carried into the court of Ex- dignitary of the law has 2,5001, a-year chequer. The lord chief Baron is allowed, salary only. The rest of his income by the 57th of Geo. 3rd, to sit in Equity is composed of fees, and these are little or and to hear alone, all causes and all nothing during peace. But, then, in time motions in equity; but he never, in fact, of war, they amount to seven or eight does hear motions, although certainly no thousand per annum. I profess not to lawyer ever sat in that court more fitted to like the notion of a functionary, who has despatch any branch of Equity practice so many calls, as the judge of the Admithan is the present head of the Exchequer. ralty court, for dealing with the most Were he confined to the equity side, and delicate neuțral questions— for drawing were another judge, a common lawyer, ap- up manifestos and giving opinions on pointed to preside on the law side of that these questions, and advising the Crown court, you would have two effective courts, in matters of public policy bearing on our instead of one not very effective for either relations with foreign states ;—I like not, law or equity. The court of Chancery I say, the notion of such a personage being would be materially relieved by this ar- subject to the dreadful bias (and here, rangement; while the double good would again, I am speaking on general principles be found of the business being better done only, and with no personal reference whatboth on the bench and at the bar, from ever) as he is likely to receive from the that expertness which ever attends the circumstance of his having a salary of division of labour; and of seasonable 2,5001. per annum only, if a state of relief being afforded to both the judges peace continue, and between ten or eleven and practitioners of the King's-bench, who thousand a year, if it be succeeded by would be restored to something of the war. I know very well, Sir that no feelleisure, at least the moderate professional ing of this kind could possibly influence employment, so favourable to the liberal the present noble judge of that court; pursuits and unfettered study of juris- but i hardly think it a decent thing to prudence, which have always formed the underpay him in time of peace, and still most accomplished lawyers. less decent is it, to overpay him at a period iii.— I now pass to the Civil Law courts; when the country is engaged in a war. I and their constitution I touch with a ten- conceive that it may not always be safe to der, and, I may say, a trembling hand, make so large an increase to a judge's knowing that, from my little experience salary dependent upon whether the horrors of their practice, I am scarcely competent of war or the blessings of peace frown or to discourse of them; for Í profess to smile upon his country—to bestow upon speak only from such knowledge as I have one, eminently mixed up with questions obtained incidentally from practising in on which the continuance of tranquillity, the two courts of Appeal, the high court or its restoration when interrupted, may of Delegates, and the Cock-pit, where I hinge, a revenue, conditioned upon the have been occasionally associated with the coming on, and the endurance of hoscivilians. The observations I have to make tilities. on this part of the subject resolve them- The other remark, which I have to offer selves, entirely, into those which I would on these courts, I would strongly press upon the consideration of the House ; it doctors. So that you absolutely appeal relates to the mode in which their judges from the three great judges of the Civil are appointed. Is it a fit thing, 1 ask, and Maritime courts—from the sentences now, when Popery is no longer cherished of sir William Scott, sir John Nicholl, or even respected, indeed hardly tolerated, and sir Christopher Robinson—of those among us—that one of its worst practices learned and experienced men, who are to should remain, the appointment of some us the great luminaries of the Civil law- , of the most eminent judges in the Civil the venerated oracles best fitted to guide Law courts by prelates of the Church? I our path through all the difficulties of that except, indeed, the judge of the high branch of the science, and open to us its court of Admiralty, because his commission dark passages—you appeal from them to proceeds from the Lord High Admiral ; judges, the majority of whom must, of but I speak of all those who preside in the necessity, be the advocates the least emConsistorial courts—who determine the ployed in the courts where those great most grave and delicate questions of authorities preside, the most recently adspiritual law, marriage, and divorce, and mitted to those courts, and the most unmay decide on the disposition by will of qualified to pronounce soundly on their all the personalty in the kingdom. Is it proceedings, if it were decent that they a fit thing that the judges in these most should pronounce at all; for, out of so important matters should be appointed, small a bar, the chances are, that the three not by the Crown, not by removable and or four eminent advocates have been emresponsible officers of the Crown-but by ployed in the case under appeal. Thus the archbishop of Canterbury and bishop the absurdity is really much the same as of London, who are neither removable nor if you were to appeal from a solemn and responsible—who are not lawyers—who elaborate judgment, pronounced by my are not statesmen—who ought to be no lord Tenterden, Mr. Justice Bayley, Mr. politicians who are, indeed, priests of Justice Holroyd, and Mr. Justice Littlethe highest order, but not, on that account, dale, to the judgment of three young barthe most proper persons to appoint judges risters, called but the day before, and of the highest order? So it is in the pro- three older ones, who never could obtain vince of York, where the judges are ap- any practice. pointed by the archbishop; so in all other Sir, I have spoken of the primate and Consistorial courts, where the judges are his principal suffragan; and I hope I need appointed by the bishops of the respective not protest, especially while I have the dioceses in which they are situated. pleasure of addressing you, that what I From their courts an appeal lies, it is true, have said of the privilege belonging to the to the court of Delegates, in the last re- highest dignitary in the Church, my obsersort; but, so far from this affording an vations were meant to be most remote inadequate remedy, it is an additional evil; deed from every thing like personal disrefor I will venture to affirm, that the Dele- spect; towards no persons in their exalted gates is one of the worst constituted courts station do I bear a more profound respect which was ever appointed, and that the than to both the distinguished prelates I course of its proceedings forms one of the have named, well knowing the liberality of greatest mockeries of appeal ever con- their conduct in exercising the powers I ceived by man. And I shall demonstrate am objecting to, as all the country knows this to you in a very few words. The the extent of learning and integrity of Court is thus formed ;-You take three character which have made them the judges from the Common Law courts, one ornaments of our hierarchy. from each: to these you add some half iv.-I next come to speak of the Privy dozen civil lawyers, advocates from Doc-Council; a very important judicature, and tors' Commons, who the day before may of which the members discharge as mohave been practising in those courts, but mentous duties as any of the judges of who happen not to have been in the par- this country, having to determine not only ticular cause, in respect of which the ap- upon questions of Colonial Law in Plantapeal has been asserted. Now, only see tion cases, but to sit also as judges, in the what the consequence of this must be. last resort, of all Prize causes. The civilians, forming the majority of the however, to which I more immediately Delegates, are, of necessity, men who have address myself on this head is, that they no practice, or the very youngest of the hear and decide upon all our Plantation The point, a The privy appeals. They are thus made the supreme obstacle to right judgment, and to use all judges, in the last resort, over every one the correctives in our power. The judges of our foreign settlements, whether situated should be men of the largest legal and in those immense territories which you general information, accustomed to study possess in the East, where you and a trad- other systems of law beside our own, and ing company together rule over not less associated with lawyers who have practised than seventy millions of subjects; or are and presided in the colonial courts. They established among those rich and populous should be assisted by a bar limiting its islands which stud the Indian Ocean, and practice, for the most part, to this Appeal form the great Eastern Archipelago; or Court, at any rate making it their principal have their stations in those lands, part object. To counteract, in some degree, lying within the Tropics, part stretching the delays necessarily arising from the distowards the Pole, peopled by various castes tance of the courts below, and give ample differing widely in habits, still more widely time for patient inquiry into so dark and in privileges, great in numbers, abounding difficult matters, the Court of Review in wealth, extremely unsettled in their should sit frequently and regularly at all notions of right, and excessively litigious, seasons. Because all these precautions as all the children of the New World are would still leave much to wish for, that supposed to be, both from their physical is no kind of reason why you should not and political constitution. All this im- anxiously adopt them. On the contrary, mense jurisdiction over the rights of pro- it is your bounden duty, among those perty and person, over rights political and countless millions whom you desire to golegal, and all the questions growing out of vern all over the globe, not to suffer a such a vast and varied province, is exercised single unnecessary addition to the inevitable by the privy council unaided and alone. impediments which the remote position of It is obvious that, from the mere distance the seat of empire throws in the way of of those colonies, and the immense variety correct and speedy justice. Widely differof matters arising in them, foreign to our ent are our arrangements. habits, and beyond the scope of our know- council, which ought to be held more ledge, any judicial tribunal in this country regularly than any other court, sits far less must, of necessity, be an extremely inade- constantly than any, having neither a requate court of review. But what adds | gular bench nor a regular bar. It only incredibly to the difficulty is, that hardly meets on certain extraordinary days--the any two of the colonies can be named 30th of January, the Feast of the Purificawhich have the same law; and in the tion, some day in May, Midsummer-day, greater number the law is wholly unlike and a few others. I find, on an average our own. In some settlements, it is the of twelve years, ending 1826, it sat in each Dutch law, in others the Spanish, in others year nine days, to dispose of all the apthe French, in others the Danish. In our peals from all the British subjects in India; Eastern possessions these variations are, if from our own civil courts, to the jurisdicpossible, yet greater : while one territory tion of which all our subjects are locally is swayed by the Mohammedan law, ano amenable, throughout the wide extent of ther is ruled by the native or Hindu law, the several presidencies of Calcutta, Bomand this again, in some of our possessions, bay, and Madras; to dispose of all the is qualified or superseded by the law of causes which come up from the three Budda, the English jurisprudence being several native courts of last resort, the confined to the handful of British settlers, Sudder Adawluts, from the two inferior and the inhabitants of the three presi- courts of Zilla and Circuit, comprising all dencies. All these laws must come, in contested suits between the Hindoos, the their turns, in review, before the necessarily half-caste people, and the Mahomedan ignorant privy councillor, after the learned inhabitants. But in the same nine days doctors in each have differed. The diffi- are to be disposed of, all the appeals from culty thus arising of necessity from our Ceylon, the Mauritius, the Cape, and New distance, an unavoidable incident to our | Holland; from our colonies in the West l colonial empire, may almost be deemed Indies and in North America; from our an incapacity, for it involves both ignorance settlements in the Mediterranean, and from of the law, and unfitness to judge of the the islands in the Channel ;--nine days facts. But so much the more anxious sittings are deemed sufficient for the deshould we be to remove every unnecessary I cision of the whole. Bat nine days do |