The Chancellor of the Exchequersaid, it would be necessary for him to explain to the committee the state in which the question was left by the last discussion. The original resolution was met by an amendment for a further increase of the salary of the lord chief justice. That amendment was lost, and the resolution was carried, comprehending an increase of salary for the chief justices, puisne judges, master of the rolls, and vice-chancellor. He proposed subsequently to make a reduction of 500l. a-year from the salaries, and give that as an increase to the retired allowances. He proposed to make the pension of the master of the rolls 3,300l. a-year, and to give the same to the chief baron and the chief justice of the Common Pleas. The retired pension of the chief justice was 3,800l. He proposed by a small addition to make it 4,000l, which was the same allowance as that of a retired lord chancellor of England and of Ireland. One other resolution which he had to propose regarded the matter of some fees, now taken by the chief justice as part of his emoluments. It was for the House to determine eventually what should be done with those fees. The attention of government had been most anxiously given to the consideration, whether some or most of these fees might not be abolished, which, in the way of saving, unnecessary expense to the suitors, might be very desirable if it did not place a greater burthen on the public thereby. He would move, that those fees in the mean, time should be carried to the consolidated fund. On one point the government were already agreed. It related to those writs of error which were in their nature frivolous, or intended for delay. If the alteration which they anticipated should take effect, away would go a considerable portion of other fees hitherto receivable by the chief justice. He concluded by moving, that an additional 500l. a-year be added to the retired allowances of the Puisne Judges.
§ Mr. J. Williamsenlarged on the advantages of arranging the salaries and pensions, so as to induce the best men to accept the office of judges, and to leave them no temptation to remain on the bench after the decay of their faculties 1024 and bodily strength had rendered them unfit for the duties of their station. They ought to take away the adhesive power of the bench over the inclination of the judge, by providing amply for his retirement. The retiring allowance ought to be increased to such a sum as would be an inducement to a judge to retire from the bench before he retired to the grave; for now retirement and the coffin were the same thing. To prevent the great mischief that must follow from the continuance of such persons on the bench, the temptation should be such as to make them retire the moment they were unfit to hold it. With these views, he proposed as an amendment an addition of 400l. a-year to the retired allowances beyond the 500l. now moved by the chancellor of the Exchequer.
§ Mr. Denmanthought no case had been made out for an increase of salary; but, as it was important that judges should retire when they were no longer competent to discharge their duties, he thought it necessary to make an addition to the retired allowance.
Mr. Secretary Peelsaid, that the proposed scale of allowance was in perfect accordance with the sums granted to the lord chancellors of England and Ireland, on their retirement.
Dr. Lushingtonthought, that an adequate allowance ought to be given to the judges, whose infirmities required that they should retire. He declared, upon his honour and conscience, that he had seen judges preside on the bench, who were totally unfit to hold the situation. And when they considered the extreme injury caused by one wrong decision, they could not be too cautious in preventing any such decisions from being pronounced. But, in cases of life and death, a judge should, above all things, be in the full and entire possession of his faculties. The increased sum proposed to be given to the judges, would be more than counterbalanced by the benefits it would confer on the community. Those who looked to economy in this way, forgot that while they were saving hundreds, they were squandering thousands upon thousands in another way.
The Attorney Generalwas induced, upon mature reflection, to support the amendment. It was of the utmost importance to take away all inducement to judges to keep on the bench when their incapacity had made their retreat a matter 1025 of necessity. He knew there had been instances were the difference between the salary and pension had been a consideration of such a nature as to prevent a judge labouring under the greatest weakness from retiring, though his inclination would have led him to do it cheerfully, were it not for that. It would cost actually a less sum to the public to give the addition proposed, than the original resolution for granting 6,000l. a-year to the puisne judges would have cost.
§ Mr. J. P. Grantapproved of the amendment, and said, that in Scotland they were not without instances of judges clinging to their pieces after the failure of their mental and bodily faculties. He thought fifteen years too long a period to exact, to entitle a judge to the retired allowance.
Mr. Secretary Peelsaid, that the amendment seemed to meet the general feeling of the House, and no duty could be more gratifying than to give way on a point of this nature. The discussion proved that the inclination of the judges had not been at all consulted in bringing this measure forward. In deed, he had made a point of not communicating with any one of them.
The Chancellor of the Exchequerexpressed his readiness to adopt the amendment of the hon. and learned gentleman. The scale of retired allowances for the other judges would, however, require some corresponding increase.
The resolutions for granting 3,500l. to the Puisne Judges, and 3,750l. to the Chief Justice of the Common Pleas, the Chief Baron, Master of the Rolls, and Vice-Chancellor, as retired allowances, were then agreed to. After which, the House resumed.