not suffice, nor any thing like it, for this great advantage to us. Occasionally we purpose ; and the summary I have in my see him or my learned friend, his predehand demonstrates it both by what it cessor (Mr. Abercromby), but this good contains, and by what it does not. It fortune is rare ; the Master of the Rolls appears that, in all those twelve years alone is always to be seen there, of the taken together, the appeals have amounted lawyers; for the rest, one meets sometimes to but few in number. I marvel that they in company with him, an elderly and most are so few-and yet I marvel not; for, in respectable gentleman, who has formerly point of fact, you have no adequate tribunal been an ambassador, and was a governor to dispose of them; and the want of such with much credit to himself in difficult a tribunal is an absolute denial of justice times; and now and then a junior Lord of to the native subjects of the Crown in the Admiralty, who has been neither amthose colonies. The total number is only bassador nor lawyer, but would be ex467; but, including about 50, which came ceedingly fit for both functions, only that from India, and appear not to have been he happened to be educated for neither. regularly entered, though they are still And such, Sir, is the constitution of that undisposed of, there are 517. Of these awful Privy Council which sits at West243 only have been disposed of; but only minster, making up, for its distance from 129 have been heard, for the others were the suitors, by the regularity of its sittings, either compromised from hopelessness and for its ignorance of local laws and owing to the delay which had intervened usages, by the extent and variety of its between the appeal and the sentence, or general law learning; this is the court dismissed for want of prosecution. Con- which determines, without appeal, and in sequently, the privy council must have a manner the most summary that can be heard ten or eleven appeals only per year, conceived in this country, all those most or little more than one in the course of important matters which come before it. each day's sitting. Again, of the 129 For instance, I once saw property worth which were heard and disposed of, no less thirty thousand pounds sterling per annum, than 56 were decided against the original disposed of in a few minutes, after the sentences, being altered, but, generally arguments at the bar ended, by the learned speaking, wholly reversed. Now, 56 out members of the Privy Council, who reversed of 129 is a very large proportion, little less a sentence pronounced by all the judges than one half; and clearly shows that the in the settlement, upon no less than ninelimited number of appeals must have risen, teen days most anxious discussion. Such not from the want of cases where revision court, whose decisions are without apwas required, but from the apprehension peal, --irreversible, unless by act of parof finding no adequate court of review, or liament-is the supreme tribunal which no convenient despatch of business. And dispenses the law to eighty millions of that the sentences in the colonies should people, and disposes of their property. oftentimes be found ill-digested, or basty, I cannot pass from this subject without or ignorant, can be no matter of astonish- relating a fact which illustrates the conment, when we find a bold lieutenant- sequences of the delays necessarily incigeneral Lord Chancellor in one court, and dent to such a jurisdiction. The Ranee,

an enterprising captain president in ano- or queen of Ramnad, having died, a ques- ther; and a worthy major officiating as tion arose among the members of her judge-advocate in a third. In many of family, respecting the succession to the these cases, a learned and gallant Lord vacant musnud (or throne), and to the perChancellor has decided, in the court below, sonal property of the deceased sovereign, points of the greatest legal nicety; and as well as the territorial revenue. The the Judges of Appeal, who are to set him situation of the country, as well as its poright here, are chosen without much more pulation and wealth, render it a province regard to legal aptitude ; for you are not of some note. It reckons four hundred to suppose that the business of these nine thousand inhabitants, and it lies in the days upon which they sit is all transacted direct road which the pilgrims from the before lawyers : one lawyer there may be, south of India take to the sanctuary in but the rest are laymen. Certainly a right the island of Remisram, frequented by honourable gentleman whom I see opposite them as much as the Juggernaut is by to me is there sometimes by chance, and those of the north. On the death of her his presence is sure to be attended with highness in 1809, proceedings commenced in the courts below, upon the disputed | But I know also that your present mode succession; an appeal to the king in of administering justice to these native counsel was lodged in 1814; it is still subjects, is such as I can hardly speak of pending. And what has been the conse- without shame. Look at your local judges quence of this delay of justice? Why, -at their fitness for judicial functions. that the kingdom of Ramnad has been all A young writer goes out to India; he is this time in the keeping of sheriffs' offi- appointed a judge, and he repairs to his cers, excepting the honourable company's station, to make money, by distributing peshcush, or share of the revenues, which, justice, if he can, but, at all events, to I have no manner of doubt, has been faith- make money. In total ignorance of the fully exacted to the last rupee. It is strictly manners, the customs, the prejudices, in what amounts to the same thing as the possibly of the language, of those upon custody of sheriffs' officers, having been whose affairs and conduct he is to sit in taken, as I may say, in execution; or judgment, and by whose testimony he is rather by a kind of mesne process, such to pursue his inquiries, and very possibly as we have not in our law.

equally uninformed of the laws he is to As the papers on the table, to which I administer—he must needs be wholly dehave referred, show so much fewer appeals pendent upon his Pundit for direction both from the plantations than might have been as to matter of fact and matter of law, expected, it is fit now to remind the and, most probably, becomes a blind pasHouse how equivocal a symptom this is of sive tool in the hands of a designing mifull justice being done. It is the worst of nister. all follies, the most iniquitous, as well as The House will not suppose that I mean the most mistaken, kind of policy, to stop to insinuate for a moment the possibility litigation-not by affording a cheap and of suspicion as to the wilful misconduct of expeditious remedy, but by an absolute the judge in this difficult position. I am denial of justice, in the difficulties which very sure that the party who may happen distance, ignorance, expense, and delay to occupy that high office would rather cut produce. The distance you cannot re- off his right hand, if the alternative were move, if you would ; the ignorance it is put to him, than take the bribe of a paria hardly more practicable to get rid of : to misdecide a cause that came before him. then, for God's sake, why not give to But I am by no means so secure of the these your foreign subjects, what you have Pundit upon whom the judge must neit in your power to bestow---a speedy and cessarily be dependent; and while he is cheap administration of justice? This both less trust-worthy and wholly irresponimprovement in the court of appeal would sible, the purity of the responsible, but create more business, indeed, but justice passive, instrument in his hands is a thing would no longer be taxed and delayed, and in of perfect insignificance. the cost and the delay be denied. But if you ment of trial by jury, by which this sewould safely, and without working injus- rious evil may in part be remedied, has tice, stop appeals from the colonies, carry been already tried. The efforts made by your reforms thither also : I should say, a learned judge of Ceylon, sir Alexander for instance, that a reform of the judica- Johnson, to introduce into that colony the tures of India would be matter most highly British system of justice, manfully supdeserving the consideration of his majesty's ported by the government at home, have government. I am at a loss to know, why been attended with signal success. there should be so rigorous an exclusion acquainted with a particular case, indeed, of jury trials from the native courts of In- the details of which are too long to lay dia. I know, and every one must know, before the House, but which showed the who has taken the trouble to inquire, that fitness of the natives to form part of a tri

а the natives are eminently capable of apply- bunal, notwithstanding the prevalence of ing their minds to the evisceration of truth in strong prejudices in a particular instance judicial inquiries ; that they possess powers / among them. A Bramin was put on his of discrimination, ready ingenuity, and trial for murder, and a great feeling exsagacity in a very high degree; and that cited against him, possibly against his

a , where they have been admitted so to ex- caste.

Twelve of the jury were led away ercise those powers, they have been found by this feeling, and by the very strong most careful and intelligent assistants in case which a subtle conspiracy had conaiding the investigations of the judge. I trived against the prisoner,--when a young

The experi

I am

Bramin, the thirteenth juror, examined among Honourable Members on the other the evidence with a dexterity and judg- side, by gentlemen in the commission, I ment that excited the greatest admiration, own that this is a ground on which I have and from his knowledge of the habits and some reluctance to tread. But I have to manners of the witnesses, together with deal with the principle only, not with the extraordinary natural sagacity, succeeded individuals : my reflections are general, in exposing the plot and saving the inno- not personal. Nevertheless, considering cent man. Other considerations there are, the changes which have been effected in less immediately connected with the ad- modern times, I cannot help thinking it ministration of justice, and which I might worth inquiry, whether some amendment press upon the House, to evince the expe- might not be made in our justice of peace diency of introducing our system of trial system? The first doubt which strikes in the East. Nothing could be better me is, if it be fit that they should be apcalculated to conciliate the minds of the pointed as they are, merely by the Lords natives than allowing them to form part of Lieutenant of counties, without the interthe tribunals to which they are subject, ference of the Crown's responsible minisand share in administering the laws under ters. It is true, that the Lord Chancellor which they live. It would give them an issues the commission, but it is the Lord understanding of the course of public jus- Lieutenant who designates the persons to tice, and of the law by which they are be comprehended in it. Such a thing is ruled ; a fellow feeling with the govern hardly ever known as any interference ment which executes it, and an interest in with respect to those individuals on the supporting the system in whose powers part of the Lord Chancellor. He looks to they participate. The effect of such a the Lord Lieutenant, or rather to the ‘Cusproceeding would be, that, in India, as in tos Rotulorum,” which the Lord LieuteCeylon, in the event of a rebellion, the nant most frequently is indeed everygreat mass of the people, instead of join- where but in counties Palatine), for the ing the revolters, would give all their sup- names of proper persons.

The Lord port to the government. This valuable, Lieutenant, therefore, as Custos Rotulorum, but not costly fruit of the wise policy pur- absolutely appoints all the justices of the sued in that island, has already been ga- peace in his county, at his sole will and thered. In 1816, the same people which, pleasure. Now I cannot understand what twelve years before, had risen against your quality is peculiar to a Keeper of the Redynasty, were found marshalled on your cords, that fits him, above all other men, side, and helping you to crush rebellion. to say who shall be the judges of the disSo will it be in the Peninsula, if you give trict whose records he keeps. I think it your subjects a share in administering your would be about as convenient and natural laws, and an interest and a pride in sup- to let the Master of the Rolls appoint the porting you. Should the day ever come judges of the land ; indeed, more so, for when disaffection may appeal to seventy he is a lawyer; or to give the appointment millions, against a few thousand strangers, to the Keeper of the State Papers. The who have planted themselves upon the Custos Rotulorum may issue a new comruins of their ancient dynasties, you will mission, too, and leave out names; I have find how much safer it is to have won known it done, but I have also known it their hearts, and universally cemented prevented by the Great Seal; indeed, it their attachment by a common interest in laid down as a rule by the late Lord Chanyour system, than to rely upon one hun- cellor Eldon, from which no consideration, dred and fifty thousand Seapoy swords, of his Lordship was used to say, should inexcellent temper, but in doubtful hands. duce him to depart, that however unfit a

V.—1 now, Sir, come to the administra- magistrate might be for his office, either tion of law in the country, by Justices of from private misconduct or party feeling, Peace; and I approach this jurisdiction he would never strike that magistrate off with fear and trembling, when I reflect on the list, until he had been convicted of some what Mr. Windham was accustomed to offence by the verdict of a Court of Record. say, that he dreaded to talk of, the game Upon this principle he always acted. No laws in a House composed of sportsmen ; doubt his Lordship felt, that, as the Maand so, too, I dread, to talk of the Quorum gistrates gave their services gratis, they in an assembly of magistrates. Surrounded ought to be protected ; but still it is a rule as I am with my Honourable Friends, and I which opens the door to very serious misVOL. XVIII,

G

a

chief and injustice; and I myself could, In the first place, they have the priviif necessary, quote cases in which it has lege of granting or withholding Licences. been most unfortunately persevered. in. / As we all know, it lies in the breast of two On looking, however, at the description of justices of the peace to give or to refuse persons who are put into the commission, this important privilege. It is in their I am not at all satisfied that the choice is absolute power to give a licence to one of made with competent discretion; and the most unfit persons possible; and it is upon this part of the question I may as in their power to refuse a licence to one of well declare at once, that I have very great the most fit persons possible.

They may doubts as to the expediency of making continue a licence to some person who has Clergymen magistrates. This is a course had it but a twelvemonth, and who, during

a which, whenever it can be done conve- that twelvemonth, has made his house a niently, I should certainly be glad to see nuisance to the whole neighbourhood; or changed, unless in counties where there they may take away a licence from a house are very few resident lay proprietors. My to which it has been attached for a century, opinion is, that a clerical magistrate, in and the enjoyment of which has not only uniting two very excellent and useful been attended by no evil, but has been characters, pretty commonly spoils both; productive of great public benefit. And and the combination produces what the all this, be it observed, they do without alchemists call a tertium quid, with very even the shadow of control. There is no little, indeed, of the good qualities of rule more certain than that a mandamus either ingredient, and no little of the bad does not lie to compel justices either to ones of both, together with new evils su- grant or withhold a licence. I hardly ever perinduced by the commixture. There remember moving for one ; and I only once is the activity of the magistrate in an ex- recollect a rule being granted—it was on cessive degree-over-activity is a very high the motion of, I believe, my honourable magisterial offence, in my view-yet most and learned friend, the solicitor-general. of the magistrates distinguished for over- But I know that great astonishment was activity are clergymen: joined to this are expressed on the occasion ; that every one found the local hatings and likings, and, asked what he could have stated to make generally, somewhat narrow-minded opi- the Court listen to the application; that all nions and prejudices, which are apt to took for granted it would be discharged, attach to the character of the resident as a matter of course ; which it accordingly parish priest, one of the most valuable and was, in less time than I have taken to respectable if kept pure from political relate the circumstance. What other contamination. There are some Lords control is there over the conduct of the Lieutenant, I know, who make it a rule licensing magistrate ? I shall be told that never to appoint a clergyman to the ma- he may be proceeded against, either by a gistracy; and I entirely agree in the policy criminal information, or by impeachment. of that course, because the education and | As to the latter, no man of common sense the habits of such gentlemen are seldom would dream of impeaching a magistrate, of a worldly description, and therefore by any more than he would think now-a-days no means qualify them to discharge the of impeaching a minister. Then, as to duties of such an office; but, generally proceeding by criminal information: In speaking, as the House must be aware, the first place it is necessary in order to through the country the practice is far obtain the rule, to produce affidavits, that otherwise. Again, some Lords Lieutenant the magistrate has been influenced by wilappoint men for their political opinions- ful and corrupt motives: not merely some for activity as partisans in local affidavits of belief in those who swear, but contests ; some are so far influenced as to of facts proving him guilty of malversation keep out all who take a decided part in his office. Then, suppose, as not unfreagainst themselves in matters where all quently happens, á rule obtained on this men should be free to act as their opinions ex parte statement; the magistrate answers dictate ; and in the exercise of this pa- the charges on oath; he swears last, and tronage no responsibility whatever sub- may touch many points never anticipated stantially exists. Appointed, then, by ir- by the other party, consequently not responsible advisers, and irremovable with answered ; and unless the alleged facts out a conviction, let us now see what is the remain, upon the discussion, undeniable, authority of men so chosen and so secure. I and the guilt to be inferred from them

a

seems as clear as the light of day, the rule same result. That which I have described is discharged with costs. The difficulty--the leaning of justices towards brewers, of proving corruption is rendered almost whom, in licensing, they favour, as brother insuperable, because all the magistrate has magistrates, although the latter are not to do, in order to defend himself from the allowed by law to preside at a Brewster consequences of granting or withholding a sessions, is, perhaps, the most crying evil licence, is to adopt the short course of connected with the system; but who does saying nothing at the time-of keeping not know (I am sure I do, in more parts his own counsel—of abstaining from any of the kingdom than one or two), that statement of his reasons. Let him only licences are granted, and refused, from give no reason for his conduct, and no election motives? When, some time ago, power on earth can touch him. He may I brought the Beer bill into this House, I grant a licence to a common brothel, or he had, of course, an extensive correspondence may refuse a licence to one of the most on the subject; and I was assured by many respectable inns on the North road ; let highly respectable persons, that the evil of him withhold his reasons, and his conduct this system is by no means confined to the remains unquestionable; although the real neighbourhood of London, of which they motive by which he is actuated may be, gave me numerous instances. Nor is the that he is in the habit of using the one licensing power of the magistracy that in house, and that the landlord of the other which alone great abuses exist. They will not suffer him to use it in the same prevail wheresoever their authority is exerway. Unless you can show that he has cised; in the commitments for offences himself stated his motives, or that there are against the game-laws, in dealing with circumstances so strong against him as petty offences against property, in taking amount to conviction, you are prevented cognizance of little assaults, especially on from even instituting an inquiry on the officers, in summary convictions for nonsubject. Thus absolute is the authority of payment of tithes, and a number of other the magistrate with regard to licensing, matters affecting the liberties and property With the permission of the House, in of the subject ; and yet, for their conduct order to illustrate the abuse of this exten- in all of which they are not amenable to sive power, I will read a letter which I any superior power, provided, as I have said received some time ago on the subject of before, they only keep theirown counsel, and the licensing system, from one of the most abstain from stating the reasons by which worthy and learned individuals in this they have been actuated, should their country—a man of large fortune, and of motives be evil. most pure and estimable character—who There is not a worse constituted tribunal long acted as a magistrate in one of the on the face of the earth, not before the neighbouring counties.

Turkish cadi, than that at which summary (Mr. B. here read a letter, in which the convictions on the game-laws take place; tendency of justices is stated to favour I mean a bench or a brace of sporting particular houses, and not take away their justices. I am far from saying that, on licences, though guilty of the grossest such subjects, they are actuated by corrupt irregularities, on the pretence, become a motives ; but they are undoubtedly insti

maxim with many of them, that “the gated by their abhorrence of that caput | house being brick and mortar cannot | lupinum that hostis humani generis, as an

offend;" whereas a haunt of bad company honourable friend of mine once called him being established, it becomes the magis- in his place, that fera nature-a poacher. trate's duty to break it up. It was also From their decisions on those points,

shown how the power of licensing placed where their passions are the most likely to · millions of property at the disposal of the mislead them, no appeal in reality lies; for,

justices, a licence easily adding 5001. to unless they set out any matter illegal on the value of a lease, and often much more, the face of the conviction, you remove the and the number of victuallers exceeding record in vain. Equally supreme are they forty thousand. It further showed the in cases where sitting in a body at quarter partiality of the bench towards brewers and sessions, they decide upon the most imtheir houses, especially in Middlesex and portant rights of liberty and property. Let the home counties.]

it be remembered, that they can sentence I have received a variety of other informa- to almost unlimited imprisonment, to whiption upon this subject, a leading to the ping, to fine, nay, to transportation for