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session . Nobody , we should think , indulges the fond hope that a single shilling of tithe will ever again be collected in Ireland . Thus , on the one hand , the great problem of rooting out the Irish Church will be brought to a speedier solution , while , on the other , the tithe , being no longer paid to the Church , will fall into the hands of the landlords by the mere force of circumstances ,
without any interference of the legislature . The whole tithe being thus added to the rent , and the hands of Parliament not being tied , as they would have been if the Bill had passed , by a bargain with the landlord , Parliament may step in when it pleases , and impose upon the landlords at its pleasure , without their having any right to complain , a land-tax equal to the whole tithe .
15 th August—The Chancellor ' s Doctrine of Appeals . —It is a practice of Lord Brougham to bring in some Bill on an important subject at the very end of a session , whereby he goes off the stage with eclat , and retains the power of silently dropping the measure if it should not suit his convenience to proceed with it in the year following . There are some advantages , even of a
public kind , in this mode of proceeding , and we by no means hold it up as in all cases to be condemned . The Bill which he laid on the table of the House , on the last day but one of the session , is laudable in its object , which is to supersede that mockery of the administration of justice , the appellate judicature of the House of Lords . The Chancellor took great pains to impress
upon their Lordships that the Bill does not interfere with their privileges ; nor does it , any more than a King ' s privileges are interfered with , by the appointment , with his consent , of a Regent : but the measure is simply to appoint another court of appeal , to whom the House * shall hand over the causes as they arise , to be by them decided ; and this is a pretty effectual supersession ,
thou gh not an infringement of their judicial authority . Lord Brougham ' s notions of appeal , however , which have always appeared to us to be very imperfect , have manifested themselves with all their imperfections in this Bill , and in the speech by which it was prefaced . He laid down two principles
° ne , that an appeal should never lie to one judge , but always ^ several ; the other , that a judge of appeal should always be , ^ the very same time ., acting as a judge in an inferior court . y hat should he be worth , he asked , as an appeal judge , were Jt not for the forensic strepitus in which he is constantly involved .
Now , both these principles we hold to bo fundamentally and ; it > solutel y erroneous . We consider it \ o be of the first importat in all judicature , whether supreme or subordinate , that the jud ge should be one . It is a rule which holds true in all affairs , Public or private , that what is one person ' s business is better done
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The Chancellor * $ Doctrine of Appeals . 668
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Sept. 2, 1834, page 663, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2637/page/59/
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