REGISTRATION OF ELECTORS. (Hansard, 17 July 1838)

Mr. Aglionby
moved an amendment to the effect that costs should be given in those cases only in which the persons objected to had previously been on the registry of voters.

Mr. Praed
was inclined to support the amendment, but thought it would be advisable to fine the frivolous objector 10s., and not hear any of his other objections till the fine was paid. If no better course were suggested he would move a clause to that effect.

The Attorney General
expressed his doubts of the expediency of adopting either of the suggestions that had been made, but thought the subject well worthy of consideration.

§ Dr. Nicholl
proposed the insertion of clauses providing that the revising barristers shall be enabled to reserve cases for the opinion of the superior courts of common law, which cases shall be heard in the vacation after the Michaelmas term next ensuing; that, in the mean time, the revising barrister shall give his own opinion on the case, and shall send that opinion to one of the superior courts at Westminster, which shall hear counsel on the case, and that the decision of such court shall be final.

The Attorney General
objected to the clauses. He felt as strongly as any one the necessity of some court of appeal from the decision of the revising barristers, for the purpose of attaining uniformity, but it was clear, that this would not be the proper court of appeal. He had the most sincere reverence for the judges of our courts at Westminster, but he should be most reluctant to refer to them questions of a purely political nature. It was essential that the administration of justice in Westminster-hall should remain without suspicion; but it would be impossible to secure even the most upright of judges from some suspicion in the minds of one party or another if he were to be called 290 upon to decide questions of a political nature. Besides, the courts at Westminster were already so overwhelmed with their own business that it was out of the question to impose any extraneous business on them. He hoped it would be part of the object of the right hon. Baronet the Member for Tamworth to provide a proper and effective court of appeal. Such an object had formed part of the plan of the hon. Member for Liskeard. He had waited with great anxiety to hear what the right hon. Baronet had to propose on this point, but he could not consent for a moment to the present proposition.

§ Sir E. Sugden
was inclined to support the clauses. The questions which would come before the judges would not be political questions, but essentially questions of property, which would very fitly come before the superior courts of law. He did not see, that the additional weight of business would materially inconvenience the judges, nor did he see, that their decisions would for a moment be regarded with suspicion. He was not himself aware of any pressure of business on the courts at Westminster which could be regarded as other than a merely temporary pressure. If the judges were liable to be stigmatised for an incidental decision which might happen to be unpopular, how hard would be the case of those who should be appointed for the sole purpose of deciding appeals in those cases. The opinions of the latter would be in no degree respected, and they would be liable to be regarded as mere political partisans. If the hon. Gentleman pressed the clauses to a division, he should vote with him, but he should suggest to him to postpone them to a future state of the bill, when they might be more advantageously discussed.

§ Mr. Warburton
had no respect for the decisions of judges on political questions, particularly when he recollected how the rights and properties of corporations had been gradually undermined by decisions of the judges of the land. He thought the rights of the people and the privileges of the House would be greatly endangered by making the judges a court of appeal on questions of this kind.

Mr. Praed
observed, that a great number of the questions at present decided by the courts of laws at Westminster were of a political character, yet the decisions of the judges in such cases were not regarded with suspicion. A great many new questions of a political character had been 291 introduced into our courts of law by the Attorney General's own Municipal Reform Act. If the question went to a division he should vote with his hon. and learned Friend.

§ Dr. Nicholl
withdrew his clauses.

List of the AYES.
Alsager, Capt.	Nicholl, J.
Bridgeman, H.	Parker, R. T.
Brodie, W. B.	Pechell, Capt.
Collins, W	Perccval, Col.
Ebrington, Viseount	Praed, W. M.
Edwards, Sir J.	Salwey, Colonel
Egerton, W. T.	Sandon, Viscount
Evans, G.	Somerville, Sir W.
Gillon, W. D.	Stansfield, W. R.
Grimsditch, T.	Stewart, J.
Hall, Sir B.	Style, Sir C.
Hector, C. J.	Tancred, H. W.
Hobhouse, T. B.	Vigors, N. A.
Hodges, T. L.	Wallace, R.
Hurt, F.	Williams, W.
Hutt, W.	Wood, T.
Kinnaird, A. F.	Worsley, Lord
Lushington, C.	Yates, J. A.
Martin, J.	TELLERS
Morris, D.	Aglionby, H. A.
Muskett, G. A.	Warburton, H.

List of the NOES.
Adam, Admiral	Mackinnon, W. A.
Archbold, R.	Mildway, P. St. J.
Baines, E.	Miles, P. W. S.
Blandford, Marquess	O'Ferrall, R. M.
Bowes, J.	Palmerston, Viscount
Briscoe, J. I.	Parnell, Sir H.
Broadley, H.	Pendarves, E. W.
Bruges, W. H. L.	Perceval, hon. G. J.
Campbell, Sir J.	Philips, M.
Curry, W.	Phillpotts, J.
Darby, G.	Polhill, F.
Elliot, hon. J. E.	Rice, rt. hon. T. S.
Filmer, Sir E.	Rolfe, Sir R. M.
Graham, Sir J.	Rushbrooke, Col.
Grant, F. W.	Russell, Lord J.
Grey, Sir C.	Sheppard, T.
Hardinge, Sir H.	Sibthorp, Colonel
Hastie, A.	Smith, R. V.
Hobhouse, Sir J.	Sugden, Sir E.
Hodgson, R.	Surrey, Earl
Hogg, J. W.	Troubridge, Sir E.
Hoskins, K.	Turner, E.
Howard, P. H.	Vere, Sir C. B.
Hurst, R. H.	Waddington, H. S.
James, W.	Wilbraham, G.
Knight, H. G.	Wood, G.
Labouchere, H.	Wood, G. W.
Langdale, hon. C.	TELLERS.
Lefevre, C. S.	Parker, J.
Loch, J.	Pryme, G.