Private Papers of William WilberforceWilberforce, William
History
Private Papers of William Wilberforce
Wilberforce, William
Wilberforce, William, 1759-1833
Wilberforce had written to Lord Ellenborough on the evils of his having
a seat in the Cabinet, Lord Ellenborough being at that time Lord
Chief Justice of the King's Bench, and the next letter contains Lord
Ellenborough's defence of his conduct, which does not err on the side
of brevity and which Wilberforce describes as "a very handsome answer."
_Lord Ellenborough to Mr. Wilberforce._
"BLOOMSBURY SQUARE,
"_February 4, 1806_.
"MY DEAR SIR,--I sit down to thank you for the favour of your letter
in the very instant in which I have received it. I regret very much
that I have no opportunity of personal communication with you on the
subject of it: if I had I could explain more perfectly and unreservedly
than I can do by letter all the motives which have induced my reluctant
acquiescence in a nomination of myself to a place in the Cabinet.
The situation has not only not been sought by me, but I appeal to
every member of the Government about to be formed who is acquainted
with the transaction, whether it was not accepted by me with extreme
reluctance, and after objections raised by myself which nothing but a
superior sense of the present duty and a prospect of present usefulness
to the public would have surmounted. If I had felt that a situation
in the Cabinet would have placed me under circumstances inconsistent
with the due and impartial discharge of my judicial functions, no
consideration on earth would have induced me to accept it. A member
of the Cabinet is only a member of a Select Committee of the Privy
Council, of which Privy Council at large every justice of the K.B. is
of course a member. In that larger Privy Council his Majesty may and
frequently does take the opinion of its members on matters which may
come in question judicially before some of them. But I think that no
man can correctly act in both capacities, and therefore when a question
of a high criminal nature was about a year ago under discussion at a
Privy Council at which I was particularly desired by the Chancellor to
attend, I stipulated expressly with my Lord Chancellor that I should
not be included in a Special Commission to try the offence then under
consideration. I think both my Lord C. J. Holt, and very lately my
Lord C. J. Eyre would have done better to have forborne being present
at the preliminary inquiries before the Privy Council, the subjects
of which in the result might be, and afterwards in fact were, tried
before them; but the objection is not so much in my opinion that I
might be led to participate in the counsels of the Executive Government
upon questions connected with the criminal jurisdiction which I am to
exercise elsewhere (because from these I should of course invariably
withdraw myself) but because it might give a political cast and bias
to a judicial mind, might generate views of ambition, and destroy
that indifference and impartiality on all questions which is the
proper characteristic of a British judge, and even if it had not that
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account