it is important, not only that the administration
of justice should be pure, but that it should be unsuspected. Now I
am willing to believe that the administration of justice by the unpaid
magistrates in political cases is pure: but unsuspected it certainly is
not. It is notorious that, in times of political excitement, the cry
of the whole democratic press always is that a poor man, who has been
driven by distress to outrage, has far harder measure at the Quarter
Sessions than at the Assizes. So loud was this cry in 1819 that Mr
Canning, in one of his most eloquent speeches, pronounced it the most
alarming of all the signs of the times. See then how extravagantly, how
ludicrously inconsistent your legislation is. You lay down the principle
that the union of political functions and judicial functions is a
hateful abuse. That abuse you determine to remove. You accordingly leave
in this House a crowd of judges who, in troubled times, have to try
persons charged with political offences; of judges who have often
been accused, truly or falsely, of carrying to the judgment seat their
political sympathies and antipathies; and you shut out of the house a
single judge, whose duties are of such a nature that it has never once,
since the time of Edward the First, been even suspected that he or any
of his predecessors has, in the administration of justice, favoured a
political ally, or wronged a political opponent.
But even if I were to admit, what I altogether deny, that there is
something in the functions of the Master of the Rolls which makes it
peculiarly desirable that he should not take any part in politics,
I should still vote against this bill, as most inconsistent and
inefficient. If you think that he ought to be excluded from political
assemblies, why do not you exclude him? You do no such thing. You
exclude him from the House of Commons, but you leave the House of Lords
open to him. Is not the House of Lords a political assembly? And is it
not certain that, during several generations, judges have generally had
a great ascendency in the House of Lords? A hundred years ago a
great judge, Lord Hardwicke, possessed an immense influence there. He
bequeathed his power to another great judge, Lord Mansfield. When age
had impaired the vigour of Lord Mansfield, the authority which he had,
during many years, enjoyed, passed to a third judge, Lord Thurlow.
Everybody knows what a dominion that eminent judge, Lord Eldon,
exercised
|