Lord Broughamwished to know whether the office of Advocate General of Bengal, an office which he held to be of the greatest possible importance amongst the Colonial appointments of this Empire, and second only to the office of the Governor General of India himself, had been yet filled up?
§ The Earl of Riponcould not say certainly whether it had been yet filled up, but he believed it had. There was no doubt of the high importance of the office alluded to, but it was not very easy to induce persons properly qualified for it to accept it.
Lord Broughamcondemned the last appointment, which, he said, was clearly owing to the connexion between the party and the Board of Directors.
§ The Earl of Ellenboroughsaid, the office was one of great importance, and the emoluments were very considerable. The salary attached to it was 5,000l.; and if the individual appointed to it was a competent person, and of experience in his profession, he might make, in addition to that salary, about 6,000l. a year more by private practice. With such prospects to hold out, he really thought, if due diligence and discretion were exercised in the selection of a person to fill the office, fit and competent 122 persons might be found. He fully agreed with his noble and learned Friend opposite (Lord Brougham) as to the importance of the office of Advocate General of Bengal, as the Governor General of India had no other legal authority whatever to refer to for advice in matters relating to questions of international law, or the interpretation of Treaties. Interests of the greatest importance might depend upon the proper exercise of the office; and the efficient discharge of its functions, too, in courts of justice was most essential. As to the appointment to which allusion had been made, he agreed in the condemnation passed upon it. The juries at Calcutta were willing enough to find verdicts against the Government, and it required the best advocate to conduct a case before them. Not only was this gentleman not the best advocate, but he was perhaps the very worst in the court; and, for his own part, he (the Earl of Ellenborough) had never heard any reason alleged for his appointment, but that he was the son of the chairman of the Board of Directors. Now, he would ask, what would be the opinion of the people of this country, if a Prime Minister thought fit to appoint his son to be Attorney General, merely because he happened to be a lawyer, and was, from standing or practice, in no other way qualified for the office? Would not the Administration of such a Minister be put an end to within twenty-four hours, by the public scorn and indignation which such an appointment would excite? And yet it really was of less importance that the Attorney General should be chosen for his eligibility for his office, than that the Advocate General of India should be a person really and truly qualified for that most important office. He had, however, on the present occasion only to express a wish that on this matter in future all former precedents, but not the last one, would be followed, and persons so well qualified as Sir Laurence Peel and Mr. Serjeant Spankie selected for the office. In making the appointment, above all things, care should be taken to have the party selected in no manner whatsoever mixed up with local interests, otherwise the result must necessarily be that every advice which he gave the Governor General would be looked upon with mistrust and suspicion.
Lord Campbellknew of no office under the Crown which had been filled by persons of greater competence; whether there was an exception in the last case he did not 123 know. He was astounded, however, to hear that the office was going begging in Westminster Hall; for he had always considered it a prize for a young lawyer of great eminence; and he had no doubt that men of the highest honour—the brightest ornaments, without local connexion, would accept it.
§ The Earl of Riponbegged to correct an error into which the noble Earl had fallen with respect to the salary attached to the office—it was only 3,500l. a year, though the emoluments from private practice might make it reach 10,000l. Certain it was that this office had, upon this occasion, been offered to eight or ten individuals of very distinguished talents, with respect to whose competency every means had been taken to ascertain the truth, and that it had been declined by them one after another, as not being consistent with their professional views.
Lord Broughamsaid, nothing was so easy as to make the offer to those by whom it was certain to be refused, that under the cover of these refusals an incompetent, though a worthy and well-meaning man, might be appointed.
§ Lord Denmansaid, the office had been very properly offered to many gentlemen of ability, whose situation at the Bar of this country could not make it a safe speculation that they would be sure to refuse this appointment; they were gentlemen of moderate business, though of high expectations, and of great talents and learning. With regard to the last person who had held the office, he had the slightest possible acquaintance with him, and had no evidence to bear of his position at the Bar; but many persons who well knew him had formed the highest opinion of his ability: they would hear with pain the observations now made, and their opinion was, that he was overcoming his difficulties, and was getting into a position in which, by his application and his industry, he would in time have removed the objections to him. He had heard this from several individuals for whose opinion he entertained a high respect.
§ The Earl of Ellenboroughwould very willingly do justice to the good intentions of that gentleman, but he did not enjoy the public confidence; and the strongest evidence was, that he had no private business whatever.
§ Subject dropped.