and emolument of the respective officers under the old and new establishments, your Committee conceive that the Parliamentary check, created by this arrangement, would be sufficient to prevent any abuse of a power, which seems properly to belong to the Lords of the Treasury, as the official and responsible advisers of the crown, upon all matters which relate to the superintendance and controul over the public expenditure. such offices, after the expiration of the legally vested interests, upon the principles on which it is proposed to regulate other offices partaking of the nature of sinecures. The duties attached to many of the principal offices in the courts of law in Ireland appear indeed to be so various and important, and to be necessarily performed by so many persons, that it would be extremely difficult, without the most mature consideration, and probably without inquiries, instituted on the spot, to suggest any arrange. ment for the future conduct of the business of these offices, when the existing interests in them shall have terminated. Your Committee understand, however, that there is at present a commission in Ireland, appointed in consequence of an address of the House, to inquire into the state of the courts of law in that part of the United King. dom. It would be very desirable that the members of this commission should be required by the Executive Government, to examine, with as little delay as possible, into the circumstances under which the several offices in the courts of law, which have hitherto been considered in the disposal of the Crown, stand, and that they be required to suggest a plan for the future regulations of these offices. It appears, that on a vacancy which recently occurred in the office of Clerk of the Pleas in the Court of Exchequer, by the death of the Earl of Buckinghamshire, a claim to the appointment to that office was preferred by the Chief Baron of the Exchequer in Ireland, and an individual was appointed by him, and was sworn in before the Court of Exchequer. A proceeding by quo warranto, was instituted on the part of the Crown, and the judgment of the Court of King's Bench was adverse to the claim of the Chief Baron. An appeal, however, has been made to the Court of Error; and may hereafter be made, by either party to the House of Lords. In the meantime, by an act of the legislature, 56th Geo. III. c. 122, the emoluments of the office are paid into the Treasury, and the due discharge of all the official duties provided for. It is not impossible that claims, similar to those which have been preferred in this instance by the Chief Baron, may Mode of rewarding high and efficient be preferred to the appointment to other offices in the law courts of Ireland, of great and disproportionate emolument, which have hitherto been considered as at the disposal of the Crown. Your Committee cannot, however, avoid submitting to the House, whether it would not be perfectly consistent, both in justice and sound policy, to provide for the regulation of all Political Services. Your Committee would have found themselves under considerable difficulty in submitting to the House any specific plan for enabling the Crown to reward high and efficient political ser vices, if they had not taken for their guidance the principles and regulations established by the bill so often refer red to, as the basis of the suggestions which they have to offer under this head. Retaining the list and classification of offices according to that bill, your Committee are of opinion, that it would be expedient either to limit the total sum, which should in no case be exceeded, or to proceed, in another mode, towards obtaining the same object: 1st. By limiting the number of pensions which could be granted, and in operation at any one time in each class. 2dly. By providing that the power of granting such pensions should be call ed progressively into operation at stated intervals, affording a reasonable probability, that at least an equal saving will have been effected by the fall ing in of the salaries or emoluments of some of the offices to be regulated or abolished, instead of commencing at once upon the vacancy of the first of such offices as might exceed 2,000l. a year, or of any one given period. 3dly. That the provision of the bill which could have made it lawful for his Majesty, when any person should have served in more than one of the four classes, to grant such pension as is annexed to the highest class in which he may have been employed, (without any reference to the duration of his service in that class,) should be so far amended as to require from any such person a certain period of service in the higher class. With reference to these principles of modification, your Committee submit, that the number of pensions in each of the four classes should be limited as follows: 1st Class First Lord of the Treasury, First Lord of the Admiralty, three Secretaries of State, Chancellor of the Exchequer-six pensions of 3,000l. 2d Class-Chief Secretary for Ireland,-Secretary at War-three pensions of 2,000l. N.B. The Chancellor of the Ex. chequer for Ireland was included in this class in the Bill of 1813. 3d Class Two Secretaries of the Treasury-Principal Secretary of the Admiralty-six pensions of 1,500l. 4th Class Under Secretaries of State-Clerk of the Ordnance-six pensions of 1,000%. That the Crown should have the power of granting one pension in each of these classes, except the second, at the end of two years from the adoption of this system by the legislature; and so in succession at intervals of two years, until the expiration of twelve years, when it shall be lawful to the Crown to grant the whole number of pensions proposed in each class. With respect to the second class, it is proposed that the power should not commence till the expiration of four years, so as to come into complete operation at the same period of twelve years, as in the three other classes. Your Committee conceive that the offices of the President of the Board of Controul, and Secretary to that Board, come within the description of effective, civil, and political offices, so far as to entitle them to be considered in any general system intended to be laid down with regard to such offices; but they leave it to the wisdom of the House to determine whether, as their salaries are entirely drawn from another quarter, and not from public revenue, these offices ought to be included in the provisions of any bill which may be framed upon the recommendations contained in this report, or to form the subject of some other legislative measure. The regulations of the Bill, with respect to length of service in each of the four classes, your Committee are of opinion might be amended in the following manner: 1st Class-Not less than two years' service in one or more of the offices of that class.-2d and 3d classes-either five years' service in one of the offices of that class, or three years in that class, and not less than five years in some of the offices of the other classes, so as to make, in that case, at least eight years' service; but in the whole 4th class, at least ten years' service. The only farther alteration which it has occurred to your Committee to recommend in limitation of the regula tions of the bill, is, that the pensions of each class should, in all cases, be limited to the smaller sum specified in the bill, viz. 3,000l. for the first class; 2,000l. for the second; 1,500l. for the third; and 1,000l. for the fourth; without any progressive increase depending upon length of service; and that one half of such pension should abate upon the grantee being appointed to any civil office or employment under the Crown of equal or greater amount. It has occurred to your Committee, that circumstances might possibly arise, though of occasional and rare occurrence, in which it might be highly expedient for the Crown to possess the power of granting one pension in the first class, without reference to any specific period of service in the person to whom it might be granted; and although there might be no actual va cancy in the class. They therefore submit to the House, whether it might not be expedient to grant such a power, subject to any regulations in the mode of exercising it which may be thought necessary, and subject also to a provision that any such grant should be held to be supernumerary; so that, upon any subsequent vacancy arising in the first class, it should not be filled up, except in favour of the person holding such extraordinary pension; who from that time would be considered as forming one of the limited list of six. Although it may be objected to the limited number proposed by your Committee for each class, that circumstances may arise in which, from the whole number of pensions in any of the classes having been previously granted, the Crown might for a time be debarred from remunerating a person, who by long and meritorious services, might be entitled to such a reward; such an inconvenience, they apprehend, could only exist for a short time; and on the other hand, your Committee are of opinion that, without some such limitation, the saving, which they contemplate as one of the inducements for substituting this mode of recompensing public service, for that which is now at the disposal of the Crown, might be ultimately disappointed. March 28, 1817. |