§ SIR H. DRUMMOND WOLFFasked the Secretary of State for the Home Department, Whether the Lord Chancellor, in the selection of new magistrates for the borough of Portsmouth, has declined to appoint an ex-mayor and alderman of the borough, notwithstanding that he has been recommended for appointment by the Town Council; and, whether the Lord Chancellor will give instructions for the Council to be furnished with the reasons for which their recommendation has been disregarded?
§ SIR WILLIAM HARCOURT, in reply, said, that the Lord Chancellor was solely responsible for the nomination of magistrates, and that it was the business of the noble and learned Lord to obtain information before making a selection, in order to satisfy himself that none but fit and proper persons were nominated to the office. Among the sources to which the Lord Chancellor went for information were Corporations and Town Councils; but he was not, and ought not to be, bound by their recommendations. If he wore so bound, the responsibility would be shifted from the Lord Chancellor to the Corporations. It was the fact that a gentleman recommended by the Town Council of Portsmouth had not been nominated by the Lord Chancellor; but that official was not bound to state why he had not nominated any particular gentleman so recommended. 1479 In his (Sir William Harcourt's) opinion, if that were understood to be the duty of the Lord Chancellor, it would entirely destroy the principle of nomination by the Crown.
§ MR. J. LOWTHERThe right hon. and learned Gentleman says the Lord Chancellor applied to the Corporation. If so, that appears to me to be inconsistent with the latter part of the Answer.
§ SIR WILLIAM HARCOURTThe Lord Chancellor received information from all persons in the locality; and, among other sources of that information, of course the Town Council is included.
§ SIR H. DRUMMOND WOLFFsaid, that in this case, instead of the person recommended for appointment by the Town Council, the noble and learned Lord had selected a gentleman who did not reside in Portsmouth, and who was only known as a gentleman who had taken part in a Liberal demonstration.