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The returns furnished by the Masters of the three superior courts, after stating the number of causes entered for trial, the number of writs of capias, and the number of appearances entered for each quarter of the year, next shew the number of judgments, under the different terms, as given in the following summary, in the causes tried at Westminster, and in those on circuit, without distinction. It rests with the parties for whom verdicts are given at Nisi Prius to make application for the return of the issues into the courts at Westminster, and in some cases a compromise is made after the verdict, and no further proceedings ap

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Average of Totals for 1859-63.

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The returns furnished by the associates shew the | tried on circuit. The following summary shews the result of the causes tried in each of the courts at West-results of the suits both at Westminster and on circuit minster, in each description of suit. The returns made for each of the courts in 1865, with the total number by the clerks of assize, and the clerks of the Crown for 1864, and the average of the totals for 1859 to for the counties palatine, shew the results in the causes 1863, inclusive:—

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THE LORD CHIEF JUSTICE AND MR. EDMOND BEALES.

THE following correspondence has been published:

40, Hertford-street, Aug. 22, 1866. Dear Sir, I regret that I cannot, consistently with my sense of public duty, reappoint you as a revising barrister for the metropolitan district on the ensuing registration. The very active and leading part you have recently taken in a political agitation of no ordinary character would, as it appears to me, make such an appointment inexpedient for the public service. I am very far from thinking, that to entertain or to express decided political opinions ought to be considered as disqualifying a member of the bar from holding office as a revising barrister. In making these appointments, I have looked only to the fitness of the candidates, and have never stopped to inquire what were their political views. But, on the other hand, I must say I do not think it desirable that a gentleman holding what, in the view of many persons, would be deemed extreme opinions, and occupying a prominent position in the political warfare of the day-whether

on the one side or on the other-should be appointed to decide judicially on the claims of persons to vote in the election of members of Parliament. I do not, indeed, for my own part, believe that members of the bar, though entertaining strong political views, might not, in the vast majority of instances, be safely intrusted with the duty of deciding on the political rights of persons holding opposite opinions. I am fully satisfied that no strength of political bias would impair the perfect integrity and sense of justice which you would bring to the discharge of judicial functions, even on a political matter. But I cannot help thinking, that in the appointment of a revising barrister, something more is required than the assurance that the officer appointed will discharge his duty honestly and efficiently. It is not enough, that the partisan and fervid politician of to-day may be trusted to assume to-morrow the calmness and freedom from bias and passion which are essential to the office of the judge. Some consideration is, I think, due to the parties whose rights are about to be dealt with; nor, in my humble judgment, should any one be appointed to adjudicate on those rights who is certain to prove unacceptable to a considerable portion of those who will

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Sept. 1

1866.

THE JURIST.

A. E. COCKBURN.

Edmund Beales, Esq.
P.S.-You are at liberty to make what use you
I am desirous it should be
please of this letter.
known that it is not from any doubt of your faith-
fully discharging the duties of the office that I have
refrained from again appointing you.

Osborn House, West Brompton,
Aug. 24, 1866.

have to appear before him. We all know how much lieve that I am actuated by no other motive than a of passion and prejudice is ever mixed up with every-conscientious sense of public duty. I had much satisthing that has relation to politics, and under no cir- faction in appointing you when you applied to me in cumstances is the judicial office so subject to suspi- 1861. I should have been glad to renew the appointcion and distrust as when the subject-matter of the ment this year, but, as I have already explained, I do judgment involves considerations of a political cha- not feel that I could do so with a proper regard to what racter. The reasons for which the judges of the land is due to those on whose rights you would have to adI remain, dear Sir, yours faithfully, are expected to abstain from mixing in party strife, judicate. appear to me to apply with equal force to every form of the judicial office in which questions of a political nature can arise; and eminently so to that branch of it which has to deal with the right of voting for members of Parliament. It would be vain to expect that the decisions of one deemed to be a strong political partisan, fresh from the heat and turmoil of political conflict, could carry with them that confidence which it is so essential that the administration of judicial functions should always inspire. The beaten suitor, if belonging to the opposite party, would naturally be disposed to ascribe his defeat to the partiality or bias of the judge, and his friends would be too ready to share in his belief. In the course of an extensive registration, questions of nicety and difficulty frequently arise, in which evidence and arguments are closely balanced, in which each party is sanguine of success, in which the judge does not pronounce without hesitation, and in which the grounds of the decision will not always carry conviction to the minds of those to whom it is adverse. In such cases, if the judge is known to be a man of extreme zeal and ardour in political matters, there will be-such is human nature-a tendency to suspect, however unjustly, that the decision, if not absolutely corrupt, has, at all events, been influenced by the party feeling of the judge. Every unbiassed mind will, I think, agree with me, that this is a result which should be avoided, if possible, in the interest of the suitor, the public, and the judge himself. The defeated suitor should at least have the satisfaction of feeling that he has suffered nothing from the partiality or unfairness of the judge. The judge, on the other hand, should have the satisfaction of knowing that the party against whom he decides can have no ground for questioning the purity of his motives, or the honesty of his judgment. I am reluctant to depart from the usual course of reappointing gentlemen who have served the office of revising barrister in the preceding year, but, as each annual appointment is to all intents and purposes a new one, I think that where a state of circumstances has arisen which, had they then existed, would have deterred me from making the appointment in the first instance, I ought not to renew it. And inasmuch as, had you now applied to me for the first time, I should not, for the reasons I have already given-whatever might have been my own confidence in you, or my desire, personally, to oblige you-have felt justified in appointing you, it appears to me that I cannot with propriety renew your appointment on the present occasion. I have entered thus fully into the reasons which have influenced me in not reappointing you, in order that you may see that I have not acted arbitrarily, or without having given full consideration to the matter. I trust you will do me the justice to believe that it is not on account of the particular opinions you have recently been advocating that I have thought it right to adopt the course I am now taking. I proceed on the simple principle, that it is desirable, for the reasons II trust have already set forth, that the office of adjudicating on electoral rights should not be committed to judges whom the fervour of political zeal and the championship of particular opinions may tend to deprive of the confidence of a portion of those on whose claims they are to decide. I shall regret if my decision herein should cause you any annoyance. I trust you will be

My Lord,-I feel certain that it must have been as painful for you to write as for me to receive the letter which reached me yesterday evening, communicating your intention of not renewing my appointment as revising barrister for the county of Middlesex, not on account of any deficiency on my part in discharging the duties of the office, but solely on account of the active and leading part I have recently taken in a political agitation of no ordinary character; this making, as your Lordship considers, my reappointment inexpedient for the public service. I appreciate to the utmost the kindly and friendly spirit which pervades your Lordship's letter, and which has induced you to enter so fully into the reasons which have influenced your decision. I accept at once, and in the full assurance of its truth, your Lordship's statement that you are actuated by no other motive than a conscientious sense of public duty, and I am as fully conscious of having myself been actuated by no other sense, by none but the most pure and upright motives in all my conduct, both professional and political. I have the entire testimony of my own conscience that you do me no more than simple justice, when you express yourself as fully satisfied that no strength of political bias would impair the perfect integrity and sense of justice which I would bring to the discharge of judicial functions, even on a politica matter, and that your refraining from again appointing me is not from any doubt of my faithfully discharging the duties of the office. The best proof of this being but simple justice to me is, that I have never yet discharged the duties of my office without being as warmly complimented by the Conservative as by the Liberal agents for my perfect impartiality. Moreover, you may remember that when you kindly did me the honour of first appointing me to the office, it was by appointing me as additional revising barrister, in consequence of the register being in such a state that the ordinary staff of barristers could not get through the onerous work of revising the votes. I have both pleasure and pride in being able to state that my exertions have rendered that duty a comparatively easy one, and that the register is now more perfect and correct than it had been for years may be excused, when, with all the unfeigned before my appointment. Under all the circumstances respect and warm esteem which I entertain for your Lordship, I venture to suggest whether some proof or well-founded complaint of inefficiency or partiality in the discharge of my duties ought not to have preceded such a measure as that of not renewing my appointment. I have said I have felt pain my Lord, in reIceiving your communication, but the pain is not so

much on account of the loss and the other, possibly, serious consequent injury to myself in my profession, or the unjust or malevolent reflections it may bring upon me in some quarters, as on account of the very injurious and dangerous effect it may produce on the public mind, especially in forcing the people to the conviction, that no man, particularly no man in such a situation or profession as mine, however upright in the discharge of his functions, can sincerely and warmly advocate what he considers their rights, without the risk of subjecting himself to very serious personal loss, to the possibility of being made a victim of party misrepresentation and rancour; and that for a man to hold any judicial position, it is necessary for him to suppress and stifle his real and honest opinions.

Thanking your Lordship again, and very sincerely, for all your kind and flattering expressions towards myself, and for the permission to make what use I please of your letter-which, I presume, includes its publication, if necessary-and deeply regretting, for personal as well as more weighty reasons, that your Lordship should have felt it advisable and right to withhold the renewal of my appointment,

I am, my Lord,

Yours very truly and faithfully,
EDMOND BEALES.

The Right Hon. Sir A. E. Cockburn, Bart.,
Lord Chief Justice.

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SEPTEMBER 8, 1866.

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LA

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