anxiety, acted the part of counsel for | statements which were made, and were of them, watched every part of the proceed- opinion that the Courts of Scotland would, ings, and if the evidence was not com- by that measure, be placed upon their proper plete against the defendants, directed the footing. He felt bound to make these obJury to find for them. But if a Chief servations, to explain the course which he Baron of the Exchequer was not wanted took while he was in office. The Goin Scotland, why was one wanted in Eng-vernment of that day chose to place land? Why was not the Chief Baron set confidence in him as their officer. No aside here? Because every one felt that bills upon the subject of the Scotch the Court of Exchequer ought to be con- law or the Scotch Courts of Justice fided to the ablest and most dignified were brought into this or the other House hands. Whatever might be said to the of Parliament without his knowledge. contrary, he was quite satisfied that the Whatever he proposed as an amendment people of Scotland were attached to the of that law, or as a judicious reform of ancient Exchequer Court of that country; those Courts, was accepted by the Governand would regard its demolition in any ment, and measures were introduced acother than a favourable light. It was cordingly. Thus he abolished the Jury necessary for the Government to institute Court, the Court of Admiralty, and the further inquiries before they proceeded to Consistorial Court, imposed heavier duties take a step which would be unpopular in on the Court of Session, yet deprived it, Scotland. A bill for making some altera- as well as the Court of Exchequer, of tions in the practice of the Scotch Court two Judges each, effecting by all these of Exchequer, was introduced into this measures a saving to the public of House in June, 1830. He regretted that 23,000l. a-year. Such a course of prothe hon. member for Middlesex did not ceeding on his part, during the short time make it his duty to attend at that time, that he was in office, might satisfy the and state his objections to the Court. The House, that if he thought the abolition of constitution of the Court was then brought the Court of Exchequer would have done fully under the consideration of Parlia- good, he should not have hesitated to have ment; and the opportunity would have come down to Parliament with a Bill to been a proper and a convenient one for abolish it. The day for patronage was the hon. Member to have raised his objec- gone by, and the late Government had tions, but he was silent. The present certainly no greater regard for it than the Lord Chancellor, however, at that time a present. If they abolished the Court of Member of this House, went through all Exchequer, in what way were its various the clauses of the Bill then proposed, and and important duties to be performed? It discussed every part of it. Having done was proposed to vest them all in one Puisne so, he (Sir W. Rae) appealed to the House Judge of the Court of Session. That was to say whether he did not pronounce the a most objectionable proposition. At this measure then under the consideration moment there was not in the Court of of Parliament perfectly satisfactory. It Session a single Judge who ever was prewould be remembered, that the Bill was sent at a trial in the Court of Exchequer, passed in July, 1830; in the November orever saw any part of the proceedings there. following he left office; but he had previ- It was vain to suppose, then, that a Judge ously been at the pains to communicate from the Court of Session could properly with the present Lord Chief Baron of be appointed to perform the duties of the Scotland, upon the subject of the Exche- Court of Exchequer. Would he be able quer Court; and, in reply, he received a to direct a Jury? Where Juries were letter from him, in which he did not throw impanelled, it was necessary that they ont one single suggestion as to the pro- should be properly charged. A Judge from priety of abolishing that Court. The pre- the Court of Session would be utterly insent Chief Baron of England, too, at that capable of performing that important duty. time Lord Chancellor, approved of the There was not at this moment in that Bill introduced in 1830, and lent his aid Court a single Judge who would underto carry it through Parliament as a proper take to do it. It was true, that where measure. All these persons, as well as money was in the case, men would underthe majority of the Members of this House take to do anything; but certainly no man who were present during the discussion of of character and reputation in the Court the measure of 1830, concurred in the of Session would undertake the perform

ance of this duty. But, putting this out | nent lawyers of the day, were sent down of the question, how would the Court of to institute inquiries before changes were Session be able to spare one of its Judges made. In short the practice had been to attend to the business of the Court of universal. Why, then, should it be deExchequer? By the measures which he parted from in this instance? If the noble introduced and carried through Parliament, Lord pressed this measure, without inquiry, the whole of the business of the Admiralty he would be acting most disrespectully and Consistorial Courts had been thrown towards Scotland, and at the same time upon the Court of Session, the number of holding the former practice of this House whose Judges had, at the same time, been in utter derision. reduced. The result of all this was, that Mr. John Campbell heartily approved of that Court had now so much business press- this measure in all its parts. He was ing upon it, as to render it perfectly incapa- totally unconnected with the Governble of performing more. Were they then to ment, and acted in the exercise of his intake away one of its Judges, and to impose dependent judgment. His vote upon this upon him the performance of duties of occasion would certainly be disinterested, which he knew nothing? As far as he because the office of Chief Baron of the was at present informed, therefore, and as Court of Exchequer in Scotland was one far as his own experience of the practice which he was by law competent to hold, of the Courts of Law in Scotland enabled and the duties of which, perhaps, without him to form an opinion, he was decidedly overweening confidence, he might conopposed to the provisions of this Bill. If sider himself not unqualified to discharge; it could be shewn that expense would be and it would undoubtedly be very agreesaved, and the administration of justice able if, in his old age, he should be apequally well administered, by the abolition pointed to an office which, with a salary of the Court of Exchequer, he should be of 4,000l. a-year, would impose upon him perfectly ready to acquiesce in it, but no further trouble than to dispose of five further inquiry was necessary to bring cases in four years. That would indeed be anything like conviction to his mind upon otium cum dignitate. The Bill had been that point. At present the Court of Ex- opposed by the hon. Gentlemen on the chequer was highly useful. It had existed other side of the House upon very inconin Scotland from the earliest ages, and had sistent grounds. The hon. member for always performed its duties in a satis- Middlesex said, that the Court of Exfactory manner. Was this Court then to chequer of Scotland ought to be abolished, be abolished? He felt the more anxious not by gradual measures, but immediately upon this point, because he expected if and at once; and he maintained, that the this measure were carried, that other allowing it to remain by the bill of 1830 changes in the judicial establishment was a gross job. With that point, however, would be proposed. He had heard that the House had now nothing to do. They certain changes were in contemplation must consider, not what ought to have been with respect to the Court of Session, done in 1850, but what they were bound and the Sheriff's Court, which every to do in 1831. In reference, however, to Scotchman would admit were most valu- what the hon. member for Middlesex had able. When these things were attempted, said, against the impolicy of a gradual it was necessary that the friends of exist- abolition of this Court, when it was posing institutions, which, after long expe- sible to get rid of it at once, he would rience, had been found to work well, merely observe, that on financial grounds, should make a stand and demand of the its gradual would be better than its imright hon. Gentlemen opposite that they mediate abolition-for if they abolished should not abolish these old institutions it at once, they must be at the expense of until they had first ascertained that their retiring salaries to the Judges, in addition duties could be more satisfactorily per- to the salary of the new Judge whom they formed in a different manner. In all would appoint. The right hon. Baronet other instances in which changes had been proposed in the judicature of Scotland, commissions had been appointed to ascertain how far they could be made with propriety. In 1808, 1826, and 1827, Commissions composed of the most emi

who had addressed the House in opposition to this measure, had mistaken several material points. Undoubtedly, he had strong Scottish prejudices-they had been particularly manifested by the manner in which he had alluded to the Attorney

General, whom he suspected of having | Baronet said, that the Court of Excheswollen the number of informations, for the quer in England did very little business, purpose of increasing his own fees. Had and ought, on the same ground, to have the right hon. Gentleman been more aware been abolished. But the cases were of the practice in England, such an idea essentially different. The House was aware, would never have entered into his honourable that formerly most actions were tried in mind. The right hon. Gentleman had said the Courts of King's Bench and Common much about an insult to Scotland, and a Pleas, and but comparatively few in the violation of the Articles of the Act of Union, Court of Exchequer: since, however, Lord by the abolition of the Court of Exche- Lyndhurst had become the Lord Chief quer. If there was any truth in that Baron of that Court, and the right to argument, the right hon. Gentleman had practise in it had been thrown open to all himself been guilty of both the crimes attornies, instead of being confined to six, which he now seemed to view with so pa- it had become one of the most efficient triotic a horror. By the 19th Article of Courts in Westminster Hall. But in the the Act of Union it was expressly enacted, Court of Exchequer in Scotland, the that the Court of Admiralty should re- business never could be increased, for main, yet the right hon. Gentleman him- private actions could not be tried in it. self brought in a bill to abolish that an- Nor was there any occasion to transfer to cient Court. That he was guilty of a it a share of the business of any other violation of the Act of Union, therefore, Court. There were no arrears in the could not be doubted; and, according to Court of Session, which, with its two his own argument, he at the same time Chambers, was amply sufficient to transact grossly insulted his native country. He all the civil business of Scotland. The (Mr. John Campbell), however, was grate- right hon. Baronet alluded to the Court of ful to him for the beneficial measures which Exchequer in Ireland, but that was not he proposed and carried in the year 1830; merely a Court of Revenue, but it was the and he only regretted that among them greatest Common-law Court in that counwas not included the abolition of the Court try, for more actions were tried there than of Exchequer. But the right hon. Gentle- in the King's Bench and Common Pleas man said that the people of Scotland were together; there was also nearly as much attached to that Court. They were Equity business as there was before the strongly attached to its offices and salaries, Lord Chancellor. This Scotch Court of Exbut to nothing more; and when the right chequer reminded him of Mr. Burke's dehon. Gentleman was introducing so many scription of the Board of Trade--a place in sweeping measures with respect to other which uninterrupted tranquillity prevailed. branches of the Scotch judicature, he The hon. member for Middlesex thought might very reasonably have found courage that it was most unreasonable that Mr. to lop off this its most useless limb. My Abercromby should have a retiring salary. Lord Tenterden, in half an hour at Guild- Now, surely nobody would deny that that hall, disposed of more business than the gentleman had a freehold in his office, and five Barons of the Scotch Court of Exche- no one could blame him for receiving his quer did in four years. It was an insult to salary, for the office was now his as long the country to continue such a Court. Its as he chose to continue to discharge. the offices were mere sinecures. It was not very duties of it. If the hon. Gentleman probable that the business of the Court thought it necessary to censure, he ought would increase, and there was not suffi- to blame the late Government, who becient now to give moderate occupation to stowed the office on Mr. Abercromby, one of the Judges of the Court; therefore, when perhaps they ought to have aboit ought to be entirely abolished. The lished it. It must be recollected that right hon. Baronet (Sir William Rae) said, Mr. Abercromby gave up all his practice. that this Court had existed from time im- at the English Bar when he accepted this memorial, and therefore ought to con- office, and to which there was a salary antinue to exist. The Court was established nexed of 4,000l. a-year, and it was abto meet certain exigencies, but if these surd to suppose that they could, without no longer existed, and it could, without doing an act of injustice, abolish his detriment to the public service, be taken oflice without giving him compensation. away, he saw no possible reason why If this Bill were thrown out, they would it should be kept up. The right hon. I do the public no good, but they had

an opportunity of making a considerable one of the most ancient Courts of Justice saving by passing it. In this instance in Scotland. He protested against being it was proposed to give the Chief Baron called upon to assent to any measure of one-half, and the Puisne Baron two-thirds such importance, without ample time of their salaries; but when the Welsh being given for its consideration, both by Judgeships were abolished, the whole of the public and Parliament. The hon. their salaries were allowed to them for life, and learned Member said, that he spoke and no opposition was made to that ar- from authority, in declaring that not more rangement. Two of these gentlemen did not than a very few unimportant trials took receive compensation, in consequence of place in this Court in the course of the year. having entered into an understanding when This was not the case, but the question they accepted office, that compensation was whether the Court was advantageous for should not be given them. This case was, the administration of justice? This Bill however, essentially different; and as it was brought forward by the Lord Chanwas obvious that Mr. Abercromby never cellor in another place, and it was supcould return to the Bar, he was entitled to ported by the Government, but not a an ample retiring salary. He could not single member of the Administration, exbe blamed for renouncing a sinecure with cept that noble and learned Lord, seemed 4,000l. a year for a sinecure with 2,000l. to know anything about the matter. The But what weighed most with the hon. hon. and learned Gentleman who spoke Member was, that by this Bill Scotland last seemed to be in the same predicament, would be freed from the mockery and the and to know just as little of this Bill. scandal of Judges, in their flowing robes His right hon. friend, with his usual and great wigs, taking their seats daily on ability, had made apparent the very great the bench of justice, and immediately difficulties that might arise from adopting rising because they had nothing to do. the course now pointed out. It was clear, An avowed sinecure might be endured; but too, that the account given by his right the holder of an office with ostensible and hon. friend of the business of the Court no actual duties, obtained money on false was so very different from that made by pretences, and was in danger of incurring the hon. Member, that they must have odium himself, and of bringing into dis- been obtained from different sources; this, credit the institutions of the country. at least, was a proof of the necessity of further information before they proceeded to legislate upon a subject of such importance. Hon. Gentlemen might attach little consequence to revenue cases, but did they remember what a vast variety of suits they comprised, and what important results depended upon them? The hon. Member said, "that the Court was not mentioned in the Act of Union with Scotland;" and that, therefore, there could be no objection on this ground to make any alterations in its constitution, and that this was not the case with the Court of Admiralty, which was abolished on the recommendation of his right hon. friend now near him. But the hon. and learned Gentleman forgot that all the duties performed by the Admiralty Court were transferred to the Sheriffs' Court, where the questions could be decided with equal satisfaction to the parties, and at less cost. The noble Lord said that evening, that this measure was of a pressing nature, and therefore must come on before the West-India Question. He was at a loss to understand what there could, by any possibility, be of a pressing nature in this

Sir George Clerk must protest against this measure for abolishing one of the most ancient Courts of Judicature in Scotland. He was quite at a loss to understand how the hon. and learned Member who had just sat down could have fallen into such incomprehensible mistakes on the question before the House. His surprise was the greater when he recollected the deservedly high character the hon. and learned Gentleman bore for his great legal attainments and extensive knowledge. Considering these circumstances, he ought to have made himself better acquainted with the duties performed by the Judges of these Courts. He was ready to admit that the Court of Exchequer in Scotland was confined to the adjudication of revenue cases, and not, as the same Courts in England and Ireland, open to the trial of all other cases. He did not know what authority the hon. member for Ayr had for making the assertions he had that night made, relative to the administration of justice in this Court, and in support of this measure, which was to make most important alterations in the constitution of