HL Deb 01 July 1859 vol 154 cc508-10
LORD LYNDHURST

My Lords, I wish to call your Lordships' attention to a recent appointment to the judicial bench—the appointment of Mr. Blackburn to a puisne judgeship in the Court of Queen's Bench. I have been asked who is Mr. Blackburn? and a journal which takes us all to task by turns has asked somewhat indignantly, "Who is Mr. Blackburn? Who is Mr. Blackburn?" I take leave to answer that he is a very learned person, a very sound lawyer, an admirable arguer of a law case, and from his general acquirements eminently fitted for a seat on the bench. These appointments are exclusively in the hands of the Lord Chancellor; he is solely responsible for them; but of this I am sure, that if the distinguished Judge who now presides in the Queen's Bench—a Judge remarkable for his knowledge of law, and for the admirable manner in which he applies it—had been consulted, he would have cordially concurred in the judgment of my noble and learned Friend on the woolsack. I owe this explanation to the learned Judge, Mr. Justice Blackburn—and I owe it also to my noble and learned Friend, though I know he can always take good care of himself. I am one of those who think it of great importance that the public should not entertain any doubt or any jealousy with respect to appointments to the judicial bench. I hope my noble and learned Friend will allow me to take this opportunity of congratulating him on his elevation—on his having attained everything that he has ever looked forward to. We may say of him in the words of the poet:— Thou hast it now, King, Cawdor, Glamis, all, As the weird sisters promised. Without being a countryman of my noble and learned Friend, I may take credit to myself for a species of foresight, having on a former occasion predicted the advancement of my noble and learned Friend.

THE LORD CHANCELLOR

I should not have taken any notice of this question, "Who is Mr. Blackburn?" had not my noble and learned Friend thought fit to put the question and to answer it. I know nothing of Mr. Blackburn, except what I knew from having seen him practice in the Court over which I presided. I have no private intimacy, and I declare, on my word of he hour, I don't know of what side he is in politics. But I have known him as a sound, good, and able lawyer; one of the ablest in Westminster Hall. My only object was to appoint the person who I thought would best discharge the duties of a Judge in the Court of Queen's Bench. That was my sole object, and I have no reason to believe that it has not been attained. It is said that Mr. Blackburn had not a silk gown, but in former times that was never held to be test of fitness for the judicial bench. Lord Tenterden never had a silk gown, and a noble and learned Friend of mine, who was one of the most distinguished Judges that ever presided in Westminster Hall, had not a silk gown. I am convinced that the more Mr. Justice Blackburn's qualities and abilities become known the more will his appointment be approved.

LORD WENSLEYDALE

said, he had been much astonished at the remarks made in various quarters as to the conduct of his noble and learned Friend in the appointment of Mr. Blackburn. He believed that no abler man could have been selected for the appointment. He was very glad to hear his noble and learned Friend say that he had no acquaintance with Mr. Blackburn's politics. He thought that, however, the higher offices of State might be distributed on these considerations, it would be impolitic to make the appointments to the judicial bench dependent on any other ground than attainments in legal learning. He believed that the conduct of his noble and learned Friend was animated by a desire to appoint only the best man that could be found.

LORD CRANWORTH

said, he did not know anything of the merits of Mr. Blackburn, but he rose to say that in making appointments to the judicial bench, the circumstance of the individual not having a silk gown was never taken into consideration at all. When he recommended Mr. Justice Willes that gentleman had not a silk gown, and he had never heard any objection made to his appointment on that account.

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