[ W.H. Smith; James Stephen, uncle of Virginia Woolf ] Autograph Letter Signed to "Henry S. Cobb Esq | M.P." with Smith's response concerning Mr Justice Stephen and a "notorious {condition of affairs}".s

Author: 
W.H. Smith [ William Henry Smith ], ministerial Member of Parliament.
Publication details: 
[Headed] 10 Downing Street, Whitehall, 6 March 1891.
£120.00
SKU: 22600

Three pages, cr. 8vo, bifolium, fold marks, good condition. "I have read your letter with reference to Mr Justice Stephen with care, and I observe that while you throw the whole responsibility on the Government for the continuance of a condition which you describe as 'notorious' and creating 'a general dissatisfaction' you do not advance a single specific allegation as to a failure of justice on which it would be possible to take action. | The only course of action open to the Government in the case of a judge whose conduct merits removal is by address to the Crown in both Houses of Parliament. | The constitution has very properly made the judges absolutely independent of the Government of the day, which so far as they are concerned possesses no Paternal or Disciplinary authority, and any Member of Parliament is equally entitled to move an Address with any member of the Government. | But this power, which you possess in common with ourselves should obviously be exercised with abundant specific proof of the necessity in the public interest of that course. | I am not in possession of evidence of that character on which I could feel it my duty to proceed." At this time Smith was First Lord of the Treasury and Leader of the House.