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Wedderburuc, Eyre and Kenyon, had channels of influence, as if he were occasionally attended sclect commit. a member of the cabinet. 66 Was tees of council, for the express pur. not,” it was asked, “ a seat in the pose of being present, and assisting privy council an object of ambition at examinations, and giving their aiso, and was not the circumstance opinion of cases, which, in their ca. of being struck off from that body pacity of judges, they were after. a cause of disgrace +.”“It was worwards to try. Strange it must ap. thy of remark, that the noble and pear to the movers of the present learned lord, whose situation had question, that the most numerous giren rise to this discussion, had precedents since the revolution, for been himself called upon to advise summoning judges to select commit. his majesty, through the means of tees of the privy council, were pres persons who now supported the cisely in those cases, where', ac. motion. After having advised his cording to their representations, the majesty to make him lord chief interference of a judge was most to justice of the court of king's bench, be deprecated. So differently they advised that he should be thought our ancestors from these called to a seat in that house, the modern speculatists, who are filled great council of the nation. The with such alarms for the purity and patent by which he was so called, reputation of our judicature. But stated expressly, that he was to adin truth, the judge who attends the vise his majesty on the arduous privy council on such occasions, concerns of his reign, and the great 16 is not more liable to be seriously dangers thereon impending 1.” But prepossessed by these previous exa. after converting a: judge into a po. minations, than the magistrates are litician, by making him a peer of who commit prisoners, or than the parliament, and'a privy counsellor, judges of the king's bench are, when was it decent to say, that he could they grant an information on the not act in his new character, withaffidavit of one of the parties, with out sullying his purity as a judge, or out sending the charge to the grand at least forfeiting the confidence of juries *.'
the public in the integrity of his The temptation of a seat in the judgments ? Could one hear without cabinet, it was urged, might induce astonishment, "6 that a class of of. a chief justice to swerve from his ficers, who are admitted to be per. duty, and the fear of losing it, when fectly eligible to the privy council, obtained, might render him more should not be allowed to discharge obsequious to the court, and more the functions of a privy counsellor compliant with its ministers, than should in fact, be excluded from became his station as the head and the performance of duties, which, guardian of the laws. But they on their admission to the privy who urged this objection seemed to council, they are sworn to perform? have forgotten that the chief justice We have heard of the dinner placed is always a privy counsellor, and before Sancho Pança : if he wished usually a peer of parliament, and for fish, that was objected to, and therefore accessible to the same if he wished for meat, an objection
was started also ; so between the ob. detach them from worldly interest. jections, poor Sancho had no din- But such forced and unnatural exner at all. Just in a similar manner pedients are unnecessary in this do the friends of the motion propose country, where the due administra. to deal with lord Ellenborough. tion of justice is secured not only -The noble lord is made a privy by the integrity of the judge, but counsellor, but yet he is not to be by the presence and control of the consulted upon points of law, lest jury, the superintendance of the his mind as a judge should be prepos. bar, and the publicity of all judi. sessed, nor is he to be consulted on cial procedings. points of state, lest he should be A privy counsellor was bound to made a politician. Thus it was to give his advice to the king, in all proposed to destroy his functions cases and at all times, when his ad. 23 a priry counsellor altogether."'* vice was demanded. But a cabinet But, the very circumstance, that counsellor was only one of those a chief justice is always a privy privy counsellors whom the king counsellor and usually a peer of par. consulted with upon state affairs. Sabent, is a sufficient proof, that No privy counsellor could be exclud. oor ancestors had not such horrored from the committee where these of a judge being consulted on mat- deliberations were carried on, when teps of state, nor such apprehension summoned to it by his majesty's of his mind being prepossessed by commands, except for such personal the opinions he might give as a privy objections as would be a ground for counsellor on points of law. Evil addressing his majesty to remove consequences may possibly result such an individual from his councils, from this mixture, and what to some The committee of the privy council, toay appear confusion of charac. called originally the committee for ters: but let us follow the example foreigu affairs, and known at present of our forefathers, and without seek by the name of cabinet council, was ing to anticipate imaginary erils, ap. unknown to our law, and had in no ply a remedy to them when they instance whatever been recognised occur. If to secure the due admi- by parliament. It had not even a bitration of justice it were neces. fixed or permanent existence, but sary that a judge should have no consisted of those privy counsellors, possible temptation to unlawful who, each time it was convened, recompliances with power, the object ceived a summons to attend its meet. vould be unattainable, while “per. ings. It was a mistake to suppose, soas in the situation of judges had that the cabinet, as such, was rerelations with the rest of society, sponsible for the measures of govern. while they had friends and children, ment.“ It would be difficult to point and were not divested of all the out in our statutes or in the recordfeelings common to human nature.”+ ed proceedings of parliament, eviTo satisfy such theorists, the dence that the cabinet or any indivi. pdges of England must be placed on dual belonging to it had been, as afooting with the ecclesiastical order such, held to be legally responsible.” I in catholic countries, and even that Nor for practical purposes was Expedient would be ineffectual to it fit that it should be otherwise. If
an * Mr. Fox. | Lord Hollandi
| Mr. Fox,
an attempt were made to attach re- lors. Take the end of queen Anni sponsibility to all the members of reign. See the articles of impeac the cabinet, for every ministerial ment exhibited against the carl
, act, it would be apt to endanger, Oxford for the conclusion of t and in most instances to defeat, the peace of Utrecht. Lord Bolin object of responsibility, for this ob- broke, who was the person prin vious reason, that the difficulty of pally concerned in that travsactic producing conviction and punish- being then out of the country a ment is greater in the one case than beyond the reach of parliament, in the other. Every minister was was eagerly endeavoured to imr. separately responsible in his own cate lord Oxford . In prosecuti department of the government ; but of this object a variety of shifts a no man nor body of men could be expedients were resorted to, whi made responsible for the whole acts would have been totally unnec of an administration. The advisers sary had the cabinet council be of pernicious measures might be considered as a responsible boi punished for their bad advice, but No, in that case it would hi the fact of their having given such ad- been all smooth and casy. But, vice, must in the first place be pror, appears, that not a word was m ed against them. “ The immediate tioned, which could countena, actor can always be got at in a way the idea of any recognition of a that is very plain, direct and easy, sponsible cabinet council. compared to that by which you may this, and from every other circu be able to reach his advisers. When stance that applies, I infer that si parliament have tried to get at the a council was never legally c advisers too, how have they proceed ceived to exist." *
Such were ed ? Look at the mode, and that solid and irresistible arguments, inode alone will sustain the argu- which Mr. Fox confuted i ment, that the cabinct counsellors brought to disgrace the flimsy : are not legally known. For in the superficial hypothesis of the cabi addresses presented on such occa. council being, as such, responsi sions it will be found, that parlia- for the measures of administratia ment apply to know by whom any On the whol. it was satisfacto measure to which the address al- made out on the side of minis Judes, may have been advised. that the cabinet, as such, is not Surely then, such an application sponsible for the measures of serves to shew, that the cabinet has vernment; that no individual never been deemed a responsible nister is responsible for more t body; for, if it were, such an appli- his own acts, and such advice a cation would be quite superfluous. is proved to have actually giv But, do not confine your research that a cabinet counsellor perfu to those addresses ; look at the no duties and incurs no respons journals throughout. Examine the lity, to which as a privy counse several articles of impeachment on he is not liable; that the judge record, and you can discover no in- Eogland are not intended by stance of any man, or body of men, constitution of their country to being impeached as cabinet counsel. such insulated beings as specula
* MB Fox.
writers represent them; that the to oifice and during the early part nomination of lord Ellenborough to of their administration. a place in the cabinet, was not only Much, then, was expected from strictly legal, but justifiable on the their exertions; but, though some ground of precedent and constitu. good will existed towards them, tional analogy ; and that the ten, there was no enthusiasın in their fa. deacy and effect of his appointment vour. Little popular feeling, in had been misunderstood or misre- deed, of any sort was left in the Faseared, in many particulars, by country. The violence engendered the supporters of the motions be. by the French resolution had long fore parlia:nent. But, the public since spent its fury, and had given could not but perceive the difference place to universal apathy and indif. between the actual duties of a privy ference on all political subjects, that counsellor's, and those of a cabinet did not affect directly the public capsellor's place; between the oc- purse, or concern the safety or naa casional and the habitual exercise val glory of the kingdom. Hatred of the same functions ; between the of peculation, and aversion to right of taking a part in the politi. France, were the only springs that
discussions of the day, and the moved or even touched the public necessity of giving an opinion on all mind. But, while the new ministers state affairs as they arise : and they could reckon little on the zealous or who reflected on the slow and be. ardent support of the country, they ncficial progress, by which judges had to contend at once with the had been detached from state intri. secret disinclination of the court, ges, and removed out of the pernic and with the active and indefatiga. coas atinosphere of the cuurt, ble opposition of the persons whom cald not but regret, that the they had recently displaced from stream had now taken a retrograde office. The friends and adherents direction, and threatened to fall back of the late ministers, though dis. into that gulph, where so many united in every other respect, were indges had perished in former times. agreed in the most cordial hatred of la this view of the subject the ap. their successors ; and though the pointment of a lord chief justice to ex-ministers themselves had little a cabinet place was to be considered name or popularity to boast of, rather as a precedent that might their followers were numerous and load to evil consequences, than as a active, and from their past habits sessore from which any mischief and occupations they were particu. ras at present to be apprehended ; larly fitted to give annoyance to any and sach, after the conclusion of administration against which they this debate, we believe to hare been had an interest to combine. Many the impression that remained with of the public journals were under maay excellent and enlightened their influence, and from long pracPersoos throughout the kingdom, tice and experience in the art of
Before we bring this chapter to a leading and governing public opi. Surse we shall take a short and nion through the press, they per. feveral view of the disposition of fectly understood - how to avail the public mind towards the new themselves of that powerful engine ministers, at their first entrance in to the best advantage. They had VOL. XLVIII.
intimate connections in tbe city, in tacks, at first, exclusively against the bank, in the India house, and Foxite part of the administrati in most of the great trading corpo. but, when they found, that 1 rations, and were able to communi flattery and cajolery were thr cate a party impulse to these bodies away upon lord Grenville ; whenever it suited their purposes. their praises, of his talents were In all the public offices, in all the heeded; their expressions of boards of revenue, customs, excise fidence in the integrity and so and taxes throughout the kingdom, niss of his principles received in all the civil and military depart. out gratitude or reward ; and ments of the state, the superintend- even their admonitions on the ants, subalterns, and clerks were in worthiness of his colleagues, th general persons who had been in. intended solely for his benefit, debted to the ex-ministers for their slighted by him and disregar places, who had looked up to them their resentment quickly over for further preferment, and who ed the boundaries to which they 'now trembled lest they should suffer originally confined their hostii from their disgrace. Among the and all parts of the administr disearded adherents of the late mi. began to share alike in their nisters, it happened, that all those sures and invectives. were included, who had ever served But the great strength of the ne as secretaries of the treasury under position, lay in the opinion whicl Mr. Pitt, and they who know the were careful to circulate, that the interior of our government, will be the secret wishes of the court in at no difficulty to understand, of favour; and many circumstand what importance to the new oppomust be confessed, tended to in sition was the acquisition of so many the public with a suspicion, ti persons of that description. In short, least the new ministers had lit the whole of that noisy, bustling, hearty support in that quartei forward, self sufficient part of the was notorious, that the necessi community, which is usually most the times had alone brought loud and zealous on the side of go. the change of administration vernment, was at present, when best was observed during the first m affected towards the ministers, silent after the new ministers and indifferent, but more frequent- into office, that the persons ly openly hostile to them, or se- nected with the household seld cretly employed in thwarting their tended in their place, when the measures and reviling their charac- sures of the new government r ters. This sort of opposition, de- ed support, and that when ai spicable as it may appear, is doubly cent excuse could be given foi injurious to the ministers against conduct, they were always re whom it is directed, because every vote against it. The langu individual of this description, who that description of persons adds one to the number of their op. known by the name of con ponents, takes one at the same time was from the beginning unfi from the natural strength of their able to the new ministers. A government. The new opposition, administration declined in p thus constituted, directed their at. rity, because the greatness an