TOPICS OF THE DAY.

JUDGE-JOBBERY IN SCOTLAND.

A CHAPTER OF THE HISTORY' OF WHIG REFORM IN EDINBURGH: DEDICATED TO MR. MACAULAY'S CONSTITUENTS.

IT 19 instructive to contrast at times the way in which Whig and Tory candidates speak to constituencies of certain transactions, with the way in which they talk of them among their familiar asso- ciates. These gentlemen have a fine, but somewhat stiff and strait- laced coat for public occasions ; at home, among their private friends, they assume a morning-robe, that sits more loosely and easily. This is convenient for themselves, but has for the pub-

lic two inconveniences—it tempts to peculation on the one band; and habits of insincerity in any portion of the community spread round them like a pest. SPENSER was fight when he made the mere exposure of Duessa a great achievement on the part of his hero : to unveil false appearances is one great step towards truth. It is not often that the moral doctrines current in private society are fixed in such a lasting form as enables us to place them in juxtaposition with public professions ; and therefore every acci- dent which does so fix them ought to be carefully made use of A quarrel between political associates generally leads to in- sight into their private arrangements ; just as domestic strife, when it grows loud enough to be heard by the police, ini- tiates the neighbours into the secrets of the manage. A quar- rel between Mr. CRANSTOUN, late Lord COREHOUSE, and the pre- sent Lord-Advocate, has enabled us to take a peep behind the de- cent curtain drawn over Whig jobbery in Scotland. Each of these gentlemen, in his inconsiderate wrath, has fired off at the other a longitudinal epistle with an appendix of pieces justifeatives, osten- sibly addressed to Lord JOHN Russiturs but in reality printed for distribution in a wide circle of political sympathizers, Whig and Tory. In the question directly at issue—to wit, whether RUTHER- FURD has cheated CRANSTOUN or CRANSTOUN has misrepresented RUTHLRFURD, the public has marvellously little interest. We should

incline to pass over the controversy by saying with Sir Roger de Coverley, that "much may be said on both sides," or in an old proverb of the countrymen of the disputants, that " they are two for a pair." But in the course of the discussion, so many

piquant illustrations of individual character—of the peculiar lima ballet pacts conventionally recognized by Whig and Tory rivals for political pickings, and divers other curious matters conic to light, that a selection from the retires Miflantes now in circulation cannot fail to be highly instructive. We were about to add " and amusing"— and to some it may be so ; but the revelation that what has passed muster with us for moral dignity and grace, is mere hollow, out-

side, theatrical show, is (Wall the lessons of human experience the most humiliating and prostrating. Our memory goes far enough back to retain the impression of the halo which, gathering round the Whig leaders of Edinburgh from the time of the trials for high treason at the close of last century, down to the time of the Queen's trial in 1821, shone around them with a light purer if not stronger than any that our experience can parallel, at the time of the great Pantheon meeting and the Fox dinners held during a few successive years about that time. Even then there were suspicions attaching to certain individuals, and time has sufficiently revealed

their baser metal since. But among them there was one to whom no suspicion attached. More among than cy' them, GEORGE CRAN-

STOUN, if less popular than many, had a high chivalrous bearing that won universal respect and admiration. It is humbling to contemplate him in his old age pettishly squabbling amongst the merest money-grubs. Well, it is only one more corroboration of the inherent worthlessness of aristocratic dignity and polish : it is a reinculcation of a faith which experience ought long ago to have burned into us. We proceed to our task of exposure in a spirit of grim resignation.

The transactions out of which the BUT IIERFURD and CRANsT01'N controversy originate, are those connected with the deposition of the

late Lord Advocate in that pleasing land of'dmoesikede the Scottish Bench, and the installation of the present functionary as his succes- sor. The objects proposed to be attained by that change, and the means by which it was effected, were worthy ofcach other. 'Ile ob- ject for which MT. Itt"ClIFI:FU RD was substituted tbr Sir ‘101IN MUR- RAY, was neither more nor less than to give the bill fin. increasing

. the salaries of the Scotch Judges a greater chance of passing. The means were, bribing a Judge to resign, who was by his own account " afflicted with palsy, a permanent infirmity which disables me

from the execution of nay duties as a Judge of the Court of Session ;" and appointing as his successor one whose chief recom- mendation fin. the office (Sir Joux Meansy's talents, in their vigour, were always far more of an administrative than a judicial character) was their experience that he had become inefficient in discharging the duties of Lord Advocate. Aron noster hie serum : our readers shall have it in the words of the Whig ne- gotiator of time job. The letter we are about to quote is addret*Aut

by one Whig Judge to another Whig Judge, with a view to setting him upon a third Whig Judge fir the purpose above mentioned.

" No. II.—from Lord Cuninyhame to 1,,,rtl (Mrs, " Mort)• nave, 27th Mardi. " My dear Lord (lanes—You are well aware how anxious I have beeoute of fate for the speedy passing of our bill relating to salaries and retiring allowances ; and one nr two expressions which dropped from Lord Corehouse to-day, induee The to write you a few lines—if unseasonable or useless, throw them into the fire.

" The more I think qf the matter, I am the more convinced that, with all our a relapse. !I:, slr. Ca sss sot s's •r-!,ss.

wishes to 'it scli,

* It has be antis 1003.4 n 1

attend political die ners and tail., .., brethren : ni steohl iatht:r tii,1 :

I.ord CI Nt.....k.n Li., 111111iNtt.ri.t1 8111' good prospects, we run great risk if lids bill is left in the charge of the Lord ildrocate; and 1 thick that all ot' us (including Lord CO are particularly in- terested in getting the tad and rirrangenteht Of thot ,,,a1 other Scots measures to Butherfird. " Non', tlualA I would not t;:r the world ask, or if I could kelp it, even allow Lord C. to resign., if he truly 'meant to remain on the Botch, yet, if he resolved to leave us, as he hinted casually to me, in a few weeks hence, I am perfectly satisfied that it would be of great importance to him and all the profession that the re-ignation should be now made. Of course, If it were so, (here should be an explicit promise in Writing, under the hand of the Secretary of State, that the clause as to retiring allowances should he .m framed as to give any Judge retiring since the bill was introduced the benefit of the rise of salary. I know certainly that thi, i, meant, and I am sure tbst Lunt John would give you a letter to this cufec:' before the resignation was used. "In this mana,,r, the bill may be pa,ol fur the benefit of all : if some such arrangement is not made, and that without delay, 1 despair of it—for you will observe, that before Itutheriltrd. can take his seat, it will be necessary to lose three if not four weeks ; n that we have now not a day to lose, it' there is to be any change in the emuii,g "I had once some thoughts of asking an interview with Miss Cuninghame, to explain tin -e views, as I wmild never cutter on them with Lord Corehoue without her con >eat ; but it mav probably be num, agreeable for her to confer with you ; and, if' you draft think it right to mention the subject to her or Lord C., of course throw this astute. Perhaps you will call fur me to-morrow. " In the mean time, heliete me yours very' truly)

" J. CUNINGHAME."

Here, then, we have two Judges (we shall find more of them anon) engaged in a political intrigue—holding Out a bribe to a brother Judge to lead him to facilitate a Mik:steri,.1 arrangement. Moreover, WC have these Judges meddling in politics—seeking to manage the appointment of the Secretary of State for Scotland, (for that is the Lord Advocate's political character) for the sole purpose of getting their own salaries increased ; setting • their neighbour's ltouse on fire to roast their cheti.uts.* Lord CORE- HOUSE had previously consulted not only Lord Gim,t.mES but the Lord President : he says in his letter to Lord JOHN RUSSELL- " My friends the Lord Pr,,Ident and Lord Gillies decidedly ad- vised me not to give in Inv resignation immediately, but as the Spring vacation was appro:iehing, to delay until it was seen how the case would turn out." Lord GILLITS, hoWe.VOP, moved by Lord Cum maissm's " there should be an explicit promise in meriting under the hand of the Secretary of State," acquiesced in the immediate resi,piation, in order to save " our bill." That the " explicit promise" cl,.cided him, we may infer front this ex- pression in one of sirs letters—" CuninOmme sees the necessity of a distinct and clear m:.,ngement : and such there must, and I doubt not there will be."

Thus instigated, Lord Coeunot-si: placel hi, resignation in the hands of Mr. A N DIMW 01:1:Uttlt1), to be used by him under cer- tain conditions, We quote the letter of resignation, and the letters relative to it between Lord UoitmolousE and Mr. Itt:THERFURD, for two reasons. In the first place, Lori (.'oi:EitousE (now Mr. CUANSTOUN) says in his letter to Lord ItussELL, dated 4th

December 1S39—" On the of dalllt:if t last, I had a paralytic

stroke, which di:,albled one aria and leg, but 'lid not at all affect may mental faculties, neither did it impair I v-iee or articulation. My medical attendants th:;1 ',turf' fwour- able, and that I might eontiticufly cNi,',.•1 tent. They thoug.ot that in th, 1....•AtilSI might

even be able to the duties of my ollice. 1_,e, that close at-

tention to bu,11;...,, v.(muld p,ambablv injure rr. :tad endanger

story. 11,, arc

: in 111. • :Ind bt "at

permanent 1;1 Advocate, in his letter to I.urd .10 ..N I; , th ir.:1:1 lel

tc denies with

was urged and 1sroei,A.,1 To

confirm this 1st; AME declamation that he t• ;_.s" any au- thority from you.- C.! is d. it .4‘.vithstanding

this disclaimer. Coat I;e'., Celt the fell know- ledge of the p-es;o..s resignation shin! ,l •• „ ob- tained that e 'I Len. Cotim.nouse's wish. The Lord Ad‘ocate , H;•.: eet

originator ado. trans:it:Lien ev..1 ;cue..., of havim4 become at i,,.1;■ " No. III.—Lord Corehouse to Lord John Russell.

• "Edinburgh, 28th March 1839.

•• My Lord—Having been lately afflicted with palsy, a permanent infirmity,. which disables Inc from the execution of my duties as a Judge of the Court of Session in Scotland, I consider it my duty to tender my resignation of that office, which I trust her Majesty will be graciously pleased to accept.

" I have the honour to be, my Lord, your Lordship's most obedient humble servant, (Signed) GEO. CUANSTOUN."

" No. V.—From Lord Corehouse to Hr. Solicitor-Genera!, "My. dear Mr. Solicitor—I enclose the letter of resignation %Oki' Lord Galles informed you to-day I had written. I have the most perfect confidence that it trill be used in the way that you and he agreed. or can I entertain the least doubt, that the arrangements which will follow upon it, if accepted, will be of the greatest benefit to Scotland, not only as regards the Judges Sa- ary Bill, but the whole business of this part of the kingdom, and all the pro- ceedings in Parliament. It has long been my desire to see you in the House of Commons, and I am sure you will fulfil the most sanguine wishes and ex- pectations of your friends and the country.

" Yours very sincerely, For Lour/ COREROUSE, 31. C."

" No. Solicitor-General to Lord (!?rehouse.

"St, Cohne Stiiiet, 30th 'March 1839.

" My dear Lord Corthouse—I have to achnowlcige your note of yesterday, and its enclosure; which, ns arranged with Laid Thall not be used, un- less all assurance shall be old:tined-that it is the widt and purpose of Govern ment that your retiring. allowance shall he calculat.2:1, not on your present salary, but on the salary as proposed to be increased. aril that a clause to that effect shall be introduced into the Court of Session _Bill now depending. You shall know as soon as possible the decision of thorl.`1111,:elq. " I feel honoured by the contide,:ce ie,ve pine.2k1 in me ; but Isbell never have In perform a more painful duty than that of tmean.itt;og a resignation by which so much talent, wisdom, learning. and acromplishinent; is withdrawn from the profession and the service of the country. There is much enjoyment, I trust, and satistlietion in store for you and yours, though unlit fin' the fa- tigues of public duty. I am very sensible of the kindness you have always shown me, and turret only the certain disappcintment of the too flattering expectations you are good enough to L'NOV,S. " Believe me, my dc tr Lord, with every ,00d v.i.sh for your recovery, and with the greatest truth and esteem, yours always,

(Signed) " AND. Ittarimaruan.

" P.S. I shall wait on you to-day if I can, certainly to-morrow. I have sent a copy of this to Lord Wiles. A. IL" Up to this point, the job was a matter in which none but the Whig Judges and lawyers itnd one Tory Judge of Edinburgh were implicated,—at least in SO far as we have explicit evidence, for Mr. CassisTorx speaks in hi3 "letter to Lord Jons of " numerous and urgent applications neble to me by several parties." _{lore im- portant individuals were, however, about to be drawn into the in- trigue. The first who emerges into it is M. Fox MAems. His letter, intimating the acquiescence of Government in the Edin- burgh arrangements, is forwsrded by Lord CUNINGIIAME to Lord COREIIOUSE along with a note, (dated " Sunday evening "—" the better day the better' dessl;') intimating that " Maule has now put this matter on the right footing, is a maimer the most consider- ate and agreeable, by making the revs mottle proposition originate from Government and nut us ;" and adding—" The letter contains abundant proof' of the expediency of the step you have taken to put the inanteinsat of this and other Scotch business in other hands." j' licre is the epistle heralded by these eulogiums- " VII 1.-1',..mu .31r. Far Monte to Lord Caningbame.

" Lower Grosvenor Street, 29:11 Marcili 1839.

" Iy dear Cuitinghame—From all I can learn of Lord Corehouse's state of health, it appears to ine to he v.ity improhable that he will again resume his duties on the Bench. It is teeir,:ss to dwell on the loss which Scotland will sustain as soon as thi.: decided, for that has been :old it be universally ad- mitted. I theretlire procoed to other points, which T thioli it right to notice to you. Assuming that 1,,,r,1 f',•rdiottse is to retire, I feel justified in telling you that Lord John Nu.— 11 !: no objection, OH the contrary, lie will

deem it an net due to hottt ' .1 ..', merits, to maim any arran...Linent in

the bill now be;bre shall enable any Judge who retires from ill health subsequently to 1, .lac7lary 1S39 to take the same benefit of the act as if he retired after it bad ittistal. I do not know why this was not in- serted in the bill, as Lord John had given his consent ; hat you may rely on it that I will see it dut,e.

" It will be of eie:si,leraide advantage could the law arrangement be made during the recess. :.4 Ow business of Scot!•mil commoners immediately after- wards, and the Lond decaotte woeld be n.:eie iin't were [he] to be in the House as soon a. possiiile. 130, himerer de-hi:dile this, it would be indelicate to press it further on Lord (',rehouse than his own goo.,.1 sense should loud him

ground, and the Court an-,.,.! hay, le:, iecitts, against which it

would have beentiemitile deft nee.

'. - received advice or en- couragemeot to ov, r two months—during

which the Count ;.h (..1! of 1:1,:ie..s„ viz. bola the 19th of May to the 12ili of fie ia,t say milli honour, but with dr,car y •• 'jai:1m.y, mold he or his friends have , (of to a j■alicial office he was no longer ::isle to WA, oh i• .htti, hiclooe allowance than the I:twgave him, or than ,!liCe, by remaining in lo: place an obstr,.,•: o tt !,, h.t.:lost.H, and a reproach to

the Court of vhich te 1 had entertained

of Mr. (;gar ; in v.i• tat' lo iii-ePSC any resolu-

tion, no matter !.v1 I. tt, woull hay. made him Mr a mo-

ment put into , or stipuht.. extra-

ordinary ad vant,,..- .• • -:tuaLen rednently, Inn man is

.justified in retaii.;;„! hiniseh' ,m-gable of discharging JO duties. Nor can premature resigna- tion with the langlass is:s. ti,s,st, wtirlt Mr. it 'r, was accustomed

to hold about his ,ir • without eren waiting the period that

would have entitled I rfionowee, The advice he states himself

to have received I ds,. !.:,• (Aril him to scorn, a; inconsistent alike

with the reputation of 1 Amd the honour of the disabled Judge."

f The expediency of pill • iniiiene•nt of this" into "other hands" is clear, when we rontta-ii Mr. 'I 1015'S (in the letter quoted above) to drive a g:tad Irtr::i ill for L,rd Cos: oust:, with' the blunt declaration of Mr. MURRAY, in a letter, oily pert of whiiih is pivot—" I wish your views could be gone int J, but is imp,,silde." Mr. Munu.ky as Lord Advocate might have neglected any other but it %vita not to be endured that he should be lukewarm in pa.,:eg "oar to view the question. I should like to hear your opinion on thpe. subject, and therefore beg you will write me. " Yours very sincerely, (Signed)

Fox MArmE is followed by ROBERT STEUART, Lord of the Trea- sury and E. J. STANLEY'S assistant 'Whipper-in, who promises that Lord CORBIIOESE shall " get his whole present salary." Lord Jame Russsmr. and Mr. SPRING RICE make a shadowy appearance in the mist of one of Mr. RUTHERFURD'S letters—" I have no time to write, having delayed all the morning in expectation of seeing

Spring Rice, who is not in town till evening. The difficulty as to the heads of the Court is not with Lord John or with Malik." More Tory coadjutors make their appearance about this time, in a

letter from Lord CUNINGIIANE to Lord Corisnousn; to which we invite attention, as illustrative of the undo standing between Whigs and Tories, that however much they may differ as to who ought to have the plucking of the public, yet that by one or other of them plucked it shall be.

"No. X11.—Lord Cuniuguone to LordC=1 ts inesi

,, ce, 5 O'clock.

" dear Lord—Since I saw you this morning, I met with Meadowbank at the Club; and he tells me that lie had just seen Iv Rae, who positively informed him that he had a letter from Murray, inetitiitiilog»iolfigFtrILIIVIfilerstringnetst Bill would certainly be in committee on the eve accordingly Sir William goes off to-night to attend it. This, in my mind, is It very strong consideration for following the course you proposed tlus evening, as it may have the best elfects on some part of the debate, (if necessary, but °M,• n-cespary,) to mention that at least 011C Judge had resigned; which would show the House the anxiety, at least in one quarter, not to allow any vacancy to remain unsupplied which ought to be efficient. " If you view the thing in the same light, you will of course take care that your letter to Ilutherfurd is in the post iu time. remain most I:1111,11y yours, (Signed) J. CUNINGIIAME." The necessary prearrangements being thus completed, Mr. Iturrisaruan wrote to 1.0111 COREROUSE 011 the 12th of April last I shall transmit your resignation to the Home Office this morn- ing. 1 do so with great pain." And on the 18th, Lord JOHN inti- mated to Lord COREI1OUSE, that he had laid the resignation before the Queen. Sir JOBS Murussy's elevation to the Bench, and Mr. RUTHERFORD'S appointment as Lord Advocate, immediately en- sued; and the Leith election having been quietly got over, :1E. "our bill" was proceeded with in good earnest. The bill was carried; but the clause introduced in consequence of the bargain with Lord CORE110CSE, for the purpose of increasing his retiring allowance, was lost ! Out of this misadventure has arisen the quarrel between Mr. CRANSTOUN and the Lord Advocate ; and out of their collision have been struck the lights, the benefit of which we arc now im- parting. Mr. CRANSTOUN states his case in these words- " Her Majesty's Advocate declares he acquiesced in your Lordship's decision, declining to give me any redress. By his Lordship's: interference I was pre- vailed mum to retire only a few Iveitiks before 1 should have been entitled by law to the sane: prevision which all my brethren will enjoy. He procured my resignation by- assurances from Government and himself, more than sufficient, as he says, to satisfy any one that I should suffer no prejudice by that step. We had. been in habits of intimacy for more than twenty years, and I had intrusted him solely with the charge of my interest in this matter, and au- thorized him to act as my friend. He is advanced in consequence of my re- tirement so procured, and I have lost by it the annuity which 1 should other- wise have had. Considering these things, but for his declaration, I should have frit it as impossible to believe that he acquiesced in this decision, as I feel it impossible to believe that your Lordship, if fully informed of the circum- stance, had ever so decided."

The Lord Advocate's defence is the usual Whig plea—" The Tories have done it!" Ile writes in his letter to Mr. CEANSTOVc announcing the fate of the The only chance of success mis- carried through this Tory mantenvre." In his letter to Lord JOHN RUSSELL, this broad statement is "craftily qualified :" still, after two quarto lathes of explanation, he returns to the charge- " The objection came to disconcert an arrangement which, till that moment, had been satisflictory to gentlemen on both sides of the House. It came un- expectedly, and struck an important part of the measure. Although I per- fectly understand, and most readily admit, that the principle of the clause might be brought into question, and dispute the motives of no man who places his opposition upon piddle grounds, was it unreasonable to suppose, in so sud- den a PIONTIllellt, that tl:e real object was merely to detieat an important part of a Mieisterial measure ? And might there not be reasons, and of great weight with many, but less easy to be avowed, though of moment to the patty in Seale:id, why this was not quite on opportune occasion for facilitating re- tirement from the Bench? Could 1 hare brought ru3self to use private papers, even when convenient, though not necessary tin' defence, matter might have found its way into this discussion not expected by some of its abettors."

In this attempt to lay the blame on the Tories Lord J011/1 Ressimi. gladly concurs. " I cannot suspect that gentleman [Mr. Got:mu:RN] of seeking any party advantage by the course he pur- sued ; but those who threatened to destroy the bill in the House of Lords unless the same clause were expunged, might not unfairly be thought to take advantage of Mr. Goulburn's objection, in order to swell the list of measures defeated or abandoned, in some party review of the session of 1839." On the other hand, the Tories warmly repel the insinuation that the rejection of' the clause was their 'doing. Sir Wiesism li.uc Writes to Mr. CasxsToux—" It appears that those who had charge of the Judges' Salaries Bill have asserted, the injustice of which you complain was entirely attribut- able to the political party of which I am a supporter. I cannot allow such all osperNioa to go forth without giving it the most positive contradiction." Sir GEORGE S/NCLA1R is admitted by the Whigs themselves to have been from first to last an ardent sup- $ We, in common with the muss of the Scottish public, thought at the time that a march was stolen upon the Leith eh etors : the Lord Advocate is of opinion they had too great a start given them beffire his beagles were laid on—" If Mr. Cranstoun had resigned befbre Easter, there might have been something gained by avoiding the risk of at contest for Leith; but the delay of his resignation till after, exposed me to every possible dis- advantage." porter of every clause of " our bill." And the Dean of Faculty, (Mr. JOHN Horz,) in a characteristically verbose epistle, demon- strates, that his fattier and himself, Lords MELVILLE, HADDINGTON, and ABERDEEN, Sir GEORGE CLERK, Sir WILLIAM RAE, and Mr. GoriatuaN, were all friendly to the increase of the JudgeY salaries,

and to the arrangement in favour of Mr. CRANSTOUN. It will ap- pear to the uninitiated a mystery, how, with so many friends and no apparent enemies, the arrangement should have miscarried.

The explanation, as it is to be gathered from the pleadings of Mr. CRANSTOUN and the Lord Advocate, is too instructive to be omitted. The bill for increasing the salaries of Judges was a Whig bill; and the arrangement about Lord COREHOUSE'S retiring allowance

INa5a Whig arrangement. The same measure, however, (as Sir Witi.i.tai RAE truly states,) had been twice brought forward by the Tories when in power. There was no personal dislike to .Mr.

CRANSTOUN, but the reverse, among the Tory leaders. The Tory

Judges regarded that gentleman's resignation as calculated to has- ten the augmentation of their salaries, and were therefore willing that he should have his reward. So fltr there was perfect harmony

between the parties ; it was "Whig and Tory all agree." Here lay the germ of discord. The bill itself was the reverse of popular in

Scotland; the attempt to give it a retrospective etket in the case of Lord ConunousE, was calculated to render it still more un- popular ; the question consequently arose between the allied

tbrecs, Whig and Tory—" which of us is to bear this sa-

periltation of unpopularity ?" The Whigs attempted to per- suade the Tories to share it, and for that purpose to allow the

CORI:MM.:SE clause to pass in silence. This the Tories naturally

,:li.;ed. So far as the bill went to promote a common object, tilt:',‘• were contented to take their fair share of the labour and

odium : but they thought, and justly, that the part of it calculated solely and exclusively lie' the promotion of Whig objects should be worked Avowedly by that party. The removal of Lord COREHOUSE to MAC way fbr the advancement of Sir JOHN MURRAY to the Bench and Mr. ItuYuliaruau to the office of Lord Advocate, was a Whig job, not a Tory one. 1.y the substitution of Mr. RurtIEU- run ibr Mr. MunnAy in the Ministerial office, the Whigs con- ceived they were strengthening their party in the house of Com- mons and the country. By hastening the resignation of Lord Commonsz, they secured the reversion of his scat on the Bench for one of themselves, at a time when they were daily and hourly in expectation of being ejected from office. The move told for them an:I against the Tories. All that they could reasonably ask of the Tories, was to allow them to carry through their job without oppo- sition : and this the Tories, out of fellow-feeling, were prepared to do, if the Whigs would only have had the candour to take the blame of it on their own shoulders.

This appears clearly from the correspondence printed in the Appendix to Mr. CR ANSTOUN'S Letter. The Lord Advocate thus states his case, in a letter to that gentleman, dated the 10th August 1839—

" You are aware, I believe, that ns the Bill was originally fronted and passed through Committee, the clause regulating the retiring allowance—being made to include all resignations subsequent to the 1st of January last—gave you the benefit of the increased salary, to the extent at least of fixing the retirement at 2,000/. It was so restricted because it would have been contrary to the principle on which such matters had been recently adjusted, to permit any dieer to draw on retirement a larger sum than he received as salary for the full performance of his duties. The clause was so framed with the consent of all who took direct charge of the measure ; and the allowance of the full salary on retirement was considered as the great reccomHcndation of the Bill by most of the supporters on both sides of the House—O'Connell,* for in- stance, and Sir George Sinclair ; the last of whom the measure very much owed its success. It was not till the report was brought up that Mr. Goal- burn intimated that he meant to oppose the clause by which retiring allow- ances were regulatetband that Sir William Rae gave me notice, that at a meet- ing of sonic :Members of both Houses, it had been resolved to throw out the clause in the Commons if they could, but if not there, certainly in the Lords. The rejection of the clause in the Lords would have been fatal to the bill. " When I communicated this to Government, Lord John Russell and the Chain nor of the Exchequer signified a clear intention not to let the clause be w:thdawn or rejected in the Commons—leaving, to the Tories, with whom it lay, the reponsibility of entirely r • • g the affair. They thought the clause right in itself, It had been arranged to satisidetion of all who [had] taken part. A sort of official notice of the course to he taken in the other Douse, with a menace that the bill would be defeated, was not just the means to lead them to change their views. And lastly, they regarded with more than sus- picion the interference thus made, no matter on whose prompting, at the last bur. Their first resolve, as to keep to the clause, though to the lee: of the bill. And they stated ilistinetly at the same time, that they hail they thought right in introducing it, such that if it thus miscarried, nothing would induce them to bring it in again—a determination which the resistance given to the bill rendered very reasonable. "It was after repeated interviews that they were induced to alter their in- tentions, and allow the clause to be withdrawn—as the only means of saving the measure generally, and influenced by the hartbihip to the whole Court if the only chance of success miscarried through this 'Thry ulaumuVic. They knew and deeply regretted the consequences to your interest ; but they saw too that you would not be in it better situation because others, and many others, were involved in tit! loss. It was onlv two or three days before the third reading that they e.nne to this result. I understood, both from Mr. Goulburn and Sir A'i li.in Rae, that a retrospective clause for your case would be objectionable; but, at any rate, the Government held it too late to make any new arrangement. It was no fault of theirs that one so satisfactory to all parties had been disturbed.

"The clause was with great difficulty, and on the .motion of Sir William Rae, withdrawn. Had a perty in the House been at the time aware of what they suspected half an hour too late, they would have forced a division—the * This ccluireissement is a perfect miraculous draught of fishes—it includes every body : first up bobs Lord Joan, and after him O'CoNsint,r, flounders on shore. The grant to Prince Atanner is not the first instance of O'CONNELL'S liberality. From his defence of the peculating Orange Alder. 'Ilan and Government Stationer, down to his assistance in the Scotch Judge lob, he has always been liberal at the public expense.

clause would have been carried in the Commons, and the bill consequently lost."

Sir WILLIAM RAE, in a letter to Lord CRANSTOUN, supplies some omissions in the above statement, and in particular explains how it came that the clause was withdrawn upon his motion- . . . . . " Government proposed that the Judges now retiring should have 2,0004, and those sonic years hence 3,000/. 11,e wished the law to stand as at present, whereby every retiring Judge would have three-tburths aids salary as a retiring allowance or 2,2504—the whole being subject to a future regula- tion as applicable to the whole kingdom. I did not look for hesitation on the part of the Government; and their showing it, led me' I most own, to suspect that there were objects in view different from those which were avowed. Their intention being, however, understood to be to adhere to the clause, Mr. Goulburn was prepared to state his objections on the report of the Bill; but, at the request of the Lord Advocate, he postponed doing so till the third reading. "One word more OR a point seemingly relied on, namely, that I was the indi- vidual who made the objection to the clause. 1 have told you that Mr. Goul- burn, at the Advocate's desire, postponed his objection to the third reading of the bill ; and that some days before this last step, it was announced that theclause was to he withdrawn. In such eircuniAances, no one ever doubted that such withdrawal would be done in the usual way, namely, without a word being said on the subject. In this belief, Mr. Goulburn did not think it ne-

cessary to break a dinner engagement, and did not come down to the Ilouse at

all. I went there, not expecting to have to say u word 031 the occasion when, on the third reading being moved, Mr. Mettle, to my surprise, banded to inc across the table of the house of Commons, a slip of paper bearing that the objection to the retiring-clause must come Fiona our siac tv'the House, and asking who was to do it. 1 own I thought this net a ve y handsome proceed- ing to myslf, considering that Goulburn was absent, and that making me the ostensible objector WUS CA30131101 to excite unpleasant feelings between the Scoteli judges, Whose interests were affected by the clause, and myself. But no choice be tug left, I was obliged to get tip and stale the oiilection ; when the Attorncy-Gcneral, (and not the Lord Advocate, who observed a profound sij lence in the whole proceeding,) withdrew the clause, on the tooting that a similar provision applicable to all the Supreme Judges in t' le kingdom would he introduced next year. Such is the explanation of huw it came about that the clause was withdrawn on the motion of Sir W. Rae.'" Another omission is supplied by Sir GEORGE SINCLAIR'S " re- tentive memory." In a letter to :sir. Join 110PE, Sir GEORGE says- .. You are well aware that I was always friendly (and am so still) to the clause fur enabling Judges, under certain ciretunsfances, to retire with their full salaries. You may easily believe that, df,rtieri, not only wished but took it for granted, and that words would be introduced into the :;:ipreme Courts Bill, tbr entitling so distinguished and so admirable a man as Lord Corehouse, to the same (as I thought even TRIES inadequate) retiring pension as he would have enjoyed if he had retained his office until the passing of the act. I said nothing on the subject to either of my learned friends, Lord 3Iurray or the present Lord Advocate, because the arrrue;mneut appeared so palpably just and equitable, that I should as soon harm thought of asking whether the bill was to have a preamble. When, however, we reached the clause which regulated the period front which the augmentation was to com- moner, did, rather pro forma than otherwise, go across the lluuse, and ex- pressed a hepe, or probably a conviction, that in justice to all the Judges, who would others ire be losers by the mere procrastination of the House of Commons, in not carrying the measure through within a reasonable thou after its in- troduction, and with more especial reference to the casein' Lord Corehouse, the bill would to a certain extent be made retrospective. 1 spike to Mr. Spring Rice, Mr. Manic, and the Lord. Advocate ; and 1 certainly crossed the Rouse twice, and I believe three times, on the subject. The answer (especially from Mr. Rice) was, that it was impossible to adopt the suggestion—that Lord John Russell had left the House, and intimated his wish that no such change should be made. Sir W. Rae urged me to reiterate the expression of our joint feeling on this point; and at last said, "filen propose it 'yourself, to show your good-will at any rate; and never mind being beat.' But I was so afraid, that it' the Government resisted the propusitio:i, and I failed, (as WU`, but too probable,) the sensitive and delicate mind ■1* Lard C. would feel hurt at seeing his respected name coupled with an unsuccessfid division in a matter relating to himself; that 1 declined complyi»g with my evorthy and bu/dee friend's suggestion."

It is clear from Sir GEORGE SINCLAIR'S uncontradicted state- ment, that the Tories would have supported the CRANSTOUN job provided the 'Whigs had borne the discredit of it : and it is clear front Sir WiLmAm RA E's, that the Whigs insisted upon his making the motion solely to furnish them with an apology to :11r. CLANS.. Toi-N for allowing him to drop out of the bill. What meanness will not men descend to for the purpose of preserving appearances ! We have no inclination to pronounce any decision respecting the merits of the parties at loggerheads, in so for as regards their rel, lations to each other. "The quarrel as it is, is a pretty quarrel." Mr; CRANSTOUN affirms of the Lord Advocate—" e had been in habits of intimacy for more than twenty years;' " I authorized him to net as my friend ;" " lie is advanced in con?quence of my retirement, and]. have lost by it the annuity 1 should otherwise have had." On the other hand, the Lord Adveeate says of the quarrel with Mr. CRANSTOUN—" The interruption of friendship is in any circumstances painful' but it is then perhaps least painful when it comes accompanied with the conviction that it was a friendship of profession only, not of truth." Lord JOLIN RUSSELL accuses the Tories of taking advantage of a motion they did not approve of, to serve a party purpose. And Sir NVILLum IhAla, in his emphatic declaration, " 1 think I may say without presump- tion, that the heads of the party to which I belong are ge/Wemen," seems to level an inuendo at " the heads" of the other party. On these points we pronounce 110 opinion one way or another. But we would, it' we could, impress upon the public mind this illustration of the character and mutual relations of the two fac- tions. Both seek to live by the public. Their professions to the public are drawn from a different code of ethics from that which regulates their private conduct. They have one language for the hustings and another for their drawing-rooms. At heart they are one. 'Their professions of mutual hatred and of mutual esteem are alike exaggerated and insincere. In the midst of a Parliamentary campaign in which no quarter scented to be asked or given on either side, we haul thou harmoniously adjusting the tunount of black mail which the party in power for the time being is entitled to levy from the public. And their epithets of praise and vituper- ation follow in such rapid, inconsequential succession, that their civility is evidently akin to that of rival " bug-destroyers to her Majesty." The story from which we draw this moral is a provincial one, but there are actors in it from every part of the kingdom. The small circle of the Scottish Judges (Whig and Tory) was speedily widened by the accession of sundry Sub-Secretaries of' State and leaders of the Opposition; O'CONNELL next joined the company; and, by way of a worthy climax, Lord JOHN RUSSELL introduces, in the conclusion of his reply to Mr. CRANSTOUN, the collective Members of Parliament for Scotland. Not one of them is omitted in his Lordship's comprehensive enumeration : they are all of them to a man introduced as abettors of the Scotch-Judge- salary-augmentation job. His Lordship's account of that job has an additional interest at this moment on account of the existing vacancy on the Scottish Bench- " The alternative for the Government to consider, therefore, was the aban- donment of the clause, or the loss of the bill. So far as my personal opinions were concerned, the loss of the bill would have been the preferable event. I had some doubts as to the increase of salary to the Scotch Judges ; and it was only in deference to the sentiments of those better acquainted. with the subject than myself that I did not make a reduction of the number of the Judges an indispensable part of the measure; so that it was not on my own account that I feared the rejection of the bill in the House of Lords. But when I consi- dered the expectations which bad been raised, and the disappointment of the whole Bench, together with the concurrent opinion of the Scotch Members of all parties in favour of the measure, I came to the conclusion that we ought not to abandon the It is difficult to stop when one has so rich a theme in hand. The prudery of the Lord Advocate denouncing the " degree of negotiation and pothering about retiring allowances that has really brought discredit on us' " at the time that he is himself the prin- cipal potherer—and Lord JOHN'S appeal to Mr. CRANSTOUN'S self- immolating faculty, " I cannot suppose it would have been any consolation to you, that if you were more the richer your brethren on the Bench would have been so much the poorer "—are as irresist- ible as any thing LISTON ever said: and they are only single stars in a firmament of kindred luminaries. But, however reluctant, we must break off, after again impressing on our readers the great truth, that Whig and Tory—Ministry and Opposition—is only a sham fight got up to divert public attention from the public pocket. From the existing race of public men they have nothing to hope. More especially would we address this hint to the Scottish consti- tuencies. Either Lord JOHN'S " concurrent opinion of the Scotch Members of all parties in favour of the measure " is a gross mis- statement, or there are black traitors among the professing Liberals. If none of the parties inculpated has the courage to ask " who is the traitor?" the constituencies must do it the first opportunity. What does Edinburgh think of its Managers now ? what does Leith think of its Managers and Representative ?