§ The Earl of Bristol,on seeing the noble lord at the head of the treasury in his place, rose, and, in a very low tone of voice, addressed a few observations to his lordship; the purport of these appeared to be, a wish from the noble earl to be informed respecting a point which, he conceived, had made a deep impression on the public mind, and which was certainly a topic of great constitutional importance. He alluded to what was generally stated, that the present lord chief justice of the king's bench constituted one of his majesty's cabinet ministers. He begged an answer from the noble lord as to the fact.
§ Lord Grenvillesaid, he felt anxious to give as explicit and satisfactory an answer as was in his power, to the question of the noble earl. He was at a loss to see how the appointment alluded to by the noble earl, was unconstitutional and unprecedented. He believed, that ever since the privy council existed, or even since there existed such a station as that of lord chief justice, the learned lord who filled that station at the time was likewise invariably one of his majesty's privy council. Indeed, the lord chief justice the king's bench was frequently summoned to attend the council on matters of the highest moment; and he was, not only responsible for the advice he actually gave, but was also liable for any omission in giving his advice. His lordship must,think it unnecessary to observe, that what was generally or usually called "the Cabinet," was, under that appellation and description, unknown to the constitution; indeed, it should rather be considered as a committee of the privy council that was more frequently called upon by his majesty for advice. Even that committee the lord chief justice of the land had often been summoned to attend; 179 and if at all times it appeared, that the lord chief justice was a member of his majesty's privy council, and that he was often called upon for advice by that committee of the privy council, commonly known by the name of the "cabinet," he could not think that it trenched in the least upon the spirit or the letter of the constitution, that be who, was always of the privy council, and who was frequently consulted by his majesty's more immediate advisers, should be made an habitual or constant member of the committee of the privy council, which he had considered the cabinet to be; more especially when the person who filled that exalted station was, in the present case, a man from whose vigour of intellect, from whose extent of capacity, and from whose comprehension and depth of knowledge, the administration of his majesty's government was sure to receive the uniform assistance of such various lights. When he was honoured with his majesty's orders to form an administration, he anxiously looked out for such distinguished Characters; and, it any exception was made to the advice he presumed to offer to his majesty on that very important business, he held himself responsible for any error or mischief with which it might be deemed chargeable. With regard to the appointment being unconstitutional and unprecedented, he should now only observe, that he believed it had the sanction of the example of lord Hardwicke, and certain he was it had the sanction of the example of lord Mansfield. The more such a question was discussed, the less, he trusted, it would be found liable to the objections insinuated by the noble earl.
§ The Earl of Bristolcould not help thinking the appointment highly objectionable, notwithstanding the explanation of the noble lord. To him it appeared repugnant to the constitution, and incompatible with the due administration of justice; and, on these grounds, he should certainly submit it to the consideration of the house on Monday next; for which day it was ordered that their lordships be summoned to attend.