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of deceit; and raised expectations served, that there was indeed which were unsubstantial. No ad. mystery in the system of his nobie vantage could result from it; and friend.

This mystery was that of its mischievous consequences were compound interest, to which he was numerous and might be fatal. sorry that Mr. Fox was so cozy

He declared himself a friend to pletely a ftranger. He then reprothe reduction of the rational debt; bated the inhumanity of denying to and he was fully persuaded, that we the people of England any inquiry had the power to act efficaciously to into the taxes, with a view to take wards its reduction. The grounds off those of them of which the conupon which he entertained thele tinuance was burdensome and persentiments, he held to be highly rea- nicious. sonable ; and they were a lo:ree to Mr. Fox returned to Mr. Pitt the him of the greatest fatisfaction. If charge of misrepresentation ; and a. his sentiments had been different, he, veried, that he was by no means an must have dreaded the approaching enemy to inquire into the ways and fall of his country, and have been means which were most expedient filled with the consideration, that for the reduction of the national its relources were running hastily to debt. He was averse from no meaextinction.

sure that could promote the advanMr. Pitt accused Mr. Fox of hav- tage of the people. But he thought ing recourse to flimsy and flippant that the preifing business of the premisrepresentation. It was not true sent hour should not be obstructed that lord Mahon had affirmed that or delayed by inquiries which were to increase the revenue it would be altogether foreign from it. right to abolish the taxes.

As to a loan of five per cent. or at ral proposition of this kind might be three per cent. it was a matter that ridiculous; but he had not exposed could hardly be perplexing to a himself to that ridicule. His no- schoolboy; and there was a childish tion was neither loose nor frivolous. perulance in the allusion which had He thought that fonie old taxes been made 'to his ignorance of it. might be recovered to their full ex- A very superficial knowledge of fitent, by taking away later taxes

gures was sufficient to demontrate, which had infringed upon them. that a loan, if it could be obtained Did it argue a want of wisdom, that at five per cent. would no more betaxes im politicly laid on, should be nefit this kingdom, than a loan at taken away? The taxes proposed by three or four per cent. with the usual lord North had been so ill founded, douceurs. And with regard to the that in general they had defeated deficiencies, it was pretty clear that their object; and it seemed that a they would grow less and less every resolution had been taken to imitate.

year. his indiscretion.

Hc animadverted on the negli. He argued, that a loan could be gence of the late administration, raised with greater advantage on a with regard to the taxes. They had five, than a three per cent. fund; not even left behind them the least and took notice of Mr. Fox's de

trace of any invention for a loan. claration, that the system of finance, Their sterility was palpable ; and by lord Mahon, was a mystery into they were as incapable of generation shich he was not initiated. He ob- as it it was poslible for barrennels to

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A geneo

be. But perhaps it might be said, obliged to pay the annuity for, so that the peace had occupied all their great a number of years, it would faculties so completely, that they incur a greater loss by this plan, had not any attention to beltow on than by borrowing on a three per other topics. They could promise cent. fund. His information had a great deal; but they performed come to him in the course of actual little.

business, and might be depended Lord North supported the reso. upon. As to theoretical ideas, they lutions; and having observed, that might appear very beautiful, and *no argument had been offered against sound well in a debate ; but the mothern, inferred from this circum- ment they were applied to affairs, stance that they were highly proper they would tumble to the ground, and falutary. With respect to the and become baseless like the fabric charge of ignorance which had been of a vision. applied to him by lord Mahon, it Mr. Dempster was profuse of did not affect or disquiet him in the compliments to ford John Cavensmallet degree. His censurer con- dish, for his having invented taxes ceited himself to be a great man; the least burdensome of any that had and yet he was without experience. ever been proposed. The noble lord It might, therefore, be conjectured, had made a shoe to fit a gouty foot, that when he acquired it, he would tender upon every part, and with be the wonder of the world.

corns on every toe. The notions entertained about a In general, an extreme commende five per cent. fund were erroneous. ation was bestowed upon the taxes, He had endeavoured to borrow upun with the exception of the wheel tax. fuch a fund, but had been unable to A duty upon waggons and carts, it contract any beneficial bargain. It was thought, would affect not only was an error to suppose that the the purposes of agriculture, but the money-lenders would lend at par. conveniency of carrying goods from le was also an error to suppose that place to place. When the question, the five per cents. might be the however, was put with regard to foonest redeemed. For persons lend- it, there appeared in its favour a ng on this fand stipulate invariably mojority of 47 to 20. To the other the condition, that the annuity resolutions there were no particular Aould be irredeemable for fifteen or serious cbjections. years. The public being thus

CHA P. XIV..

Aremarkable Motion in the House of Peers concerning the putting the Seals into

Commission. The Prerogative of the Crown. The Independency of the Judges. The Lofs of the Motion.

June 3. T mond called the at:

HE duke of Rich- light in which he viewed it, and

mond called the ate the manner in which he was about tention of the peers to a subject that to reason upon it, might seem to be appeared to him to be of the highest merely speculative. He was sensible, importance. He was aware that the that there were men by whom every

pro

A

proposition for a reform would be with integrity. But prior to the ridiculed as a theory and a chimera. demise of the late king, doubts came But allowing their fullest weight to to be entertained whether the comsuch fort of arguments, he was con- missions of the judges did not expire vinced that there were such things with the sovereign who granted as original principles ; and that them. To these doubts an end was there could not be any impropriety put by an act of George 111. which in resorting to these, when the con- declared that they should continue stitution was threatened with en- constantly in office, and be removecroachments and danger.

able only for crimes, with the ex. He considered that parliament, ception, that an address of both when corrupted, was the most pow- houses of parliament to the crown, erful instrument to destroy the con- should operate their degradation. ftitution. The next instrument, From this act, which gave a valiboth with regard to power and dity to their commissions during danger, was the corruption of the their lives, while their behaviour judges. To the topic of the inde

was proper; and from an act of king pendency of the judges, his thoughts William, which declared that their had been drawn very forcibly by the salaries should be fixed and ascerconsideration of the commission into tained ; it was understood that in a which the great seal had lately been free country, they ought to be apit. He meant nothing personal bove every idea of dependence. For to lord Loughborough, nor to the without the enjoyment of known other judges who were the coin- and determined salaries, and withmillioners for its custody. It was out commitlions for life, they could the ineasure, and not the men, not with any propriety be confidered which had employed his reflec. as independent. Of late years, howtions.

ever, the spirit of these laws was It was a point not to be disputed, invaded; and additions had occathat the independency of the judges fionally been made to the salaries of was a matter in which every indivi- fome of the judges. These partial dual in the kingdom was fenfibly in- additions were alarming, as they terested. The uprightness and in- flowed from the crown. For if an tegrity of men who judged of the addition of a thousand or two thouproperty and the lives of the fub- fand pounds a year could be made to jects of England, were qualities one judge, it might be proffered to which were indisputably necessary all, and accepted by them; and thus for the security of the public, and the judges, who ought to be indefor the equal distribution of the laws pendent, would become the obedient of the land. This position, so strong vafsals of the prerogative. in itself, and so obvious, was well There were two methods of goillustrated in our history. In early verning men, and making them. times, the judges were solely de- dependent. They were directed by pendent on the pleasure

the pleasure of the their fears and their hopes. Now crown. Antecedently to the Revo- the acts of king William and of lution, they were created and de- George III. had taken away the posed at the will of the fovereign. fears of the judges ; for the will or After that great event, they were pleasure of the crown could not reunderstood to hold their fituations move them, except for crimes. But while they could execute their duty if their hopes were not destroyed as

well

well as their fears, the work of their this was no reason why the matter independency was bat half atchiev. fhould not be inquired into. In one ed. From the consideration of this of the old commissions, three laycircumstance, he had been prompted lords had been joined with the mato submit to the peers the commis- ster of the rolls for the time being, fon lately illued to three lords *, In another, serjeant Maynard, and Entrusting them with the care of the other serjeants, had been the comgreat seal. It was obvious, that the millioners. It was difficult to say judges in that commission had been what class of men ought moft natuselected by favour, and not by fe- rally to aspire to the distinction of niority. This of itself was a pecu- commissioners ; but sure he was, that liarity that was fufpicious. But far- to select judges by favour to fit in ther : the emoluments which ac- this capacity, and to bestow upon crued to the holders of the great seal them the salaries and emoluments were extenfive; and these, with the arising to a lord chancellor, was 10 super-addition of the falaries en- affect their independency in a manjoyed by the coinmitioners as judges, ner the most material. If there was gave them advantages which were any neceffity for choosing judges to certainly improper and dangerous. be commiffioners, and it was possible For future judges might expect for them to have leisure from the them. They might indulge in the business of their own courts to exhope of them; make advances to fa- ercise this new and important duty, cilitate their hopes ; and laying a. let them do it without any addikde cheir independence, bată under tional salary or perquisire. ibe influence of the crown.

There were also other methods Nothing could be farther from by which the hopes of the judges his mind, than to make any infinu. were excited, and from which he aion to the prejudice of the present was equally averse. The granting, commiffioners of the great seal. It for example, of commision's similar became him to lay of them, and of to that under which the present the judges in general, that there chief justice of the King's Bench fat never was upon the bench a set of as speaker of the House of Lords, men fo incurrupt, fo able, and so appeared to him ro be highly excepdeserving. Their characters were' tionable. It was well known to not exposed to impeachments of any him, that the commiffion of the nokind. From the present commillion ble earl was not a new one, but of he had nothing to apprehend. It an old date. Still, however, that was the example that affected him.. method of reward seemed addressed He foresaw the consequences that to the hopes of judges. It tended muft inevitably follow the pre- to submit them to a dependence on valence of such a practice. He the will and pleafure of the crown. dreaded them; and every friend to It was a contradiction to the idea, the constitution ought to dread them. that judges ought to have stated and

Of the evil complained of he was fixed falaries, and ought to be secure certain ; but he did not know how in their dependence. iu point out a remedy for it. But He acknowledged, that his feel

Rigbe hon. lerd Loughborough, lord chief justice of his majesty's court of Common Pleas; fir William Henry Athburst, one of the junices of bis majesty's court of Krag's Beach; and for Beaumont Hotham, one of the barons of his majesty's court of Exchequer.

ings were affailed by another cir- nies had great weight with him ; cumstance; and he conceived it to and they could not but impress him be hazardous that judges should at with the greater force, when he all fit in the house of Peers. Hc confidered the very slender and exdefired not to say that the highest traordinary ground on which the honours which the crown had to judges were excluded from fitting confer, should not be open to the in the other house of parliament. law as well as to every other ho- Their exclusion did not reft upon nourable profeffion. But it was his any law or act of parliament. It opinion, that while lawyers fat on was the consequence of a fingle rethe bench as judges, they should folution of the house of .commons. abstain from the exercise of the pri- If the impropriety then of their vileges of pecrs. They ought not fitting in the one house was so eafily to fit, to debate, and to vote in the admitted, he could not conceive House of Peers. Those whose bu- why there Mhould be much difficulty finess it was to expound the law, in allowing it with regard to the ought not to act as legislators. The other. To fit among the peers, and opinion of president Montesquieu, to act as politicians, was inconfiftwho had studied with care the Eng- ent with the character of judges. lish constitution, ought to have Nor was this all. For if lord chanweight on this subject. It was so cellors and lords commissioners were remarkably to the point, that he to sit as peers, they must deliberate would quote it. That great man upon their own decrees, and, as it observes, " When the legislative were, try themselves. In an idea and executive powers are united in of this fort, there was every thing the same person, or in the same that was most irrational. It had body of magistrates, there can be been boasted of by lord Hardwicke, no liberty ; because apprehenfions that though he had fat upon the may arise left the same monarch or woolfack during a long period, not senate Mould enact tyrannical laws one of his decrees had been reto execute them in a tyrannical versed. This affertion, however, manner. No liberty can exist, if though used in triumph, appeared the judiciary power be not separated to him to be a fact that proved too from the legislative and the execu- much, and which, of consequence, tive. Were it joined with the le- was not properly to be regarded as gislative, the life and liberty of the of a complimentary ftrain. Was it fubject would be exposed to arbi- to be supposed, that lord Hardwicke trary controul : for the judge would was infallible, and that in the mulbe then the legislator. Were it titude of his determinations on the joined to the executive power, the chancery bench, he had never once judge might behave with violence pronounced an erroneous judgment ? and oppression." There was ano- Or was if not more natural to supther authority to which he would pose, that the reason why nonc appeal, and of which the value of his lordship's decrees had been would not be controverted. No. reversed during his continuance thing, according to Mr. Blackstone, on the woolfack, was the great is more to be avoided in a free con- influence which a chancellor of stitution, than uniting the provinces lord Hardwicke's abilities must of a judge and a minister."

ever potress in that house. This He confetled that these testimo- opinion had impressed him strongly;

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