The Express.
London, England, 1861-07-04 00:00:00

IMPERIAL PARLIAMENT.

110118 K OF COMMON& —‘llladienbae, JL'LY 3
UNI V ERSITY ILLECTIONS BILL
After our report left yeyterday. the loose was occupied
ter nearly three Wears in committee with the details of the
Vahrtraity Decease Hill, ,1• n ;utile out of the select coin-
Willem where it had uudergutie 'wend alterations.
After encoustining many diffieultice, which seemed to
multiply at every step is Hie discussion, the bill at length
11110.11414 11.41 A the cm • toe with only • few muentlineuts.
11MLliT.thlLE OFFENCE4 (METROPOLITAN DIS-
TRI(T) HILL
W hLI'i)LE, is meeker the wood nailing of this
bill, aid the hill had mime down from the HOlllO of Louis,
sea he should have thought it was ewe which would not
love met with any oppueitioo, bat it appeared it was likely
to be opposed is some quarters, and one hoe. end learned
opstkown had given odic* of emotion for the bill t., be read
~tiler mouths. Theban was assented to by the late Lord
euinee'dor and all the law lords. A few of the provisions
it tire cow oiled were objected to, bid Olio it had
gone • select eminence the,- all lc,' tiesced
ha it. Tao whole of the principle of the bill might Iw said '
• in the first and mooed cloises. The tir.t clause pro-1
• th it a .thin the metropolitaii district no harge should'
be pictei ic•li4ainst a person behind hie back by iomginthe
Int I..staiem before a greed jury, but thaw should be made
babe, a niegistrate. The second clause provided that where
• thirge Lod been investigated before a magistrate it should
me lougcr Le ueixcary to go to the grand jury. Another
'tome to the bill provided that nothing in the bill should
*stead to charges of treason or mispr:sioo of treason or
sedition. It hail been truly said that the grand jury
totem hail been of greet protection to the subject against
the ',Jeer of the crown. No one felt that more
strongly than he did, and if there were any thing in the
bill to take away that protection be slionld not move the
soPeed reading. By ilia bill the grand jury system would
be presser...l in the cowitry districts ; sat in the metropolis so
be as regarded political offences. Those who looked back
to the origin of the grand jury system would see that it
Wes intreducel at • time and under cirtunixtances which
Mno loner applicable to the present time, or to the
wend date of things in the metropolis, though it might be
very advantageous to keep it on foot in other parte o:
kingdom. Fifteen years ago or rather more the Criminal
low Comniiesiosers considered this subject. They directed
"tedious to be pat to a vast number of persona, judges, '
soigistraka, barristers, recorders, solicitors. and persons
with the practice of the criminal law ; and
there was hardly owe of the thawing which did not amount
to this, that in the metropolitan district the grand jury
system was is almost all eases superfluous, except in poli-
tical cases, and is many cads very mischievous. One of
those who gave an opinion at that time was the late Lord
Denim's, who referred to as ankle in the EiGiiberya
af,iti", which, be said, cootained an opinion be had formed
OWN years before, that no benefits were prodnal by the
✓eed jury system but the co-operatioo of the higher sad
twiddle classes in the administration of justice.
Is 1144 ii a presentment Ives made by the grand jury at the
Middlesex Sessions, in which they stated that w their ex-
perience greed juries in the metropolitan district were •
poetive impediment to the adminetration of stice, asd
they west on with these significant words, "though they
VIM perfectly aware that the court bad no power to accord
them any relief, and that it was only by reiterated repro.
imitations that any cousideretion could bee:psi:tea from the
Inisdature, they were the wore induced to this step from a
emeidemtiou of the nature of the costa which occupied the
Sims of the jury, cases of so frivolous • character that the
intervention of a greed jury seemed to have no possible
jest lest the detention of the premiere sod the lengthening
• ths proosediugs of the court, and dal not as far as they
oeseelved tend to any possible good." In 1847 a remarkable
sheervatiou fell from • judge whose recent death they had
bid to deplore, who was sot inferior to Lord Denman—he
Mena Mr. Justice Pattesos—who, adrinerieg • greed jury
of Middlesex, said " it was set ht Ms mew to give them
mninformation as to the mess which mad be brought
them became In bad really no mans of bowleg
what these eases might be. sue indeed wee he
MMn that they would be troubled with any miss at ell.
Tiny might Husk it strange that they should be brought I
=her to hear this, bat still it was • tribunal before
say of her Majesty's mbjects might prefer any eharge.
11 wee Me law that they should be thus called together,
sod they must ohs) it.' The right hon. gentleman thee
and • preneetniest of ow grand jury made to the Central
tkimiral Court in to a somewhat similar *fleet to
Wt of the grand jary el MakUssex which he hail already
geolL In 1449 the A -Gem& of the day brought ia
s liU to amend the low is the respect, which was referred
to a select nomm rtes, ober seasnised a sumber of
wilemsa, who all eosdsmaei the maim, cad ego of
teem stated that in the meiregobtan district the hope ef
• thief was the grand jury Maim that bill mild be pus'
ended with there was a climes of the government and the
bill use dropped. In lird Me nt of which be wee
• sesasher nitradoced • bill to abeßeh grand juries is Lon-
don, bat it was sot proceeded with. Is 1463 the matter was
broorld lakes the attention of his right bon. friend oppo.
site by • asemarandem drawn up by the Middlesex mods.
Orates, who made throe divisinos of the subject:—Putt,
when the magistrate sent the ca.., for trial ;
smed, where be refused to do so ; and third,
where the parties went before the grand jury without
• meliminery sevestigaties before • magistrate. In
"maid to the first they were of opinion that there was so
mseemity for a further investigation before the prism was
subjected to trial. la regard to the mooed. they said there
ought to he • further opportunity for inveetigatum ; and in
emard to the third they mid, the power of going before the
marl jury in the fret isdame was ohm, • MOW of
ambling parties to get up eases for the purpose of extorting
mosey (tom meow spied whom they made acematiose
aad 1856, presentments were made by the
juries to thine he bad already quoted.
triiaad nin si
b.. 1 in his peadasios a documest signed by
Mr. Piabley, the easishiatiudge, is which be enema-
rated ell the evils that had arises from the confine.
maw of this system, in consimeence of which kis right boo.
Irisad opposite brought is soother bill in 18.58 to abolish
greed juries, and it passed a mead reading. In lekt more
proratnietta were made by the greed juries, and In 1/460 a
ball was introduced isto the House of Linde, which did not,
bowever.set lbws to this hem. If thhblllwerepaseed they
would still have es mar greed MOB it the metropolitan
dotal to co-operate with the judges an they had is other
parts of the country. For these nada' be moved the se.
geed reeding of the bill
Mr. A ANTON expressed his regret that the right hoe.
gentlemen should have thought it osemeare to submit this
till to the house at this period of the pansies, bemuse it
Was qiiite impossible to discuses it with the cam and MM.
bon d dammed, and be regretted it the we become the
bon. awl learned aseather for Wexford, who had given
socace of his intention to move that the bill be read •
mooned time that day sea mouths, was riot present, Another
re.uou was that they were. leprired of theadvantigeof having
to the limes either of the IA ady Perm of the crews. Portholes
"moons lie thought the bill should be postponed. Many of
the arguments advanced by tin right hon. gentleman in
support of this bill were equally valid fur the abolition of
grand juries iu other parts of the country. The right hon.
member said he excepted political offences, but them
offences were not defined, and they all knew that a man
Might be indicted for what was really a political
offence, while technically it did not appear to be so.
No doubt (mod juries in the metropolis had made
irepreseetatioes that greed juries were useless. No doubt
there were may means in London living • life of ease who
did sot like a duty of this kind being imposed on them, and
they demanded to be exempted from it ; and the real plea-
UM was whether the legislature would yield to that de.
staid. The right hors. gentleman did not elate that the
ebssmatiou of Mr. Justice Petteson which be rooted was
anode to the grand
really nothing to do. He (Mr. Ayrton) saw
111 i •
objection to the abolition of • mom Nominal grand jury.
The question was sot whether it would he convenient to
this man or to that to have the grand jury system abolished,
brit whether • man should stand at the bar of justice as •
WOO without having gone through the ordeal of • verdict
ef twelt e men of education ad position. Tbe circumstance
that this system had Leen on some oecesioss abused,
was so reams why it reasuld be abdialieeL No Muti-
lation was without its tam and imperfections. Ob.
teflon* might be brought against • House of Car-
mesa, even against a Sovereigu. The abuse to which
• pawl jury was stated to Lave been liable in past years
was th.,t it gave a bawd, to malicious persons W prefer false
domes ageism individuate, end thus °Maio iedictmesta
spire them. But that grant abuse which once °timed
bad long since been ieniedied Ly Lord Campbell's Act.
tfe thought he hid said enough to point ont to the right
bososr..bie gentleman the Meonveuience of promediug
with this bill. /10 trusted it would be withdrawn for
the reseal seisioo. He (Mr. Ayrice) must remind
W hem that the Lill wee not weiflned to the metropolis,
einem la principle or practice. (Hear.) If the principle
were sem one why did not th• right boo. gentleman come
Ilerwast and proposer • general memo° applicable to the
whelk pantry At Inset, until that wsa done, the metro-
polis ought not to be pieced in an exceptional position and
the lemon' of an mating legal institution.
stir lj I. LEWIS said that on tomer ty,,,,g10n, 1%. had
idserved that the honourable gentleman elm had jest
moles allowed himself • very considerable latitude
e. discussios The honourable gentleinan's idea of
She proper made of dionosiog • Intl seemed to be
that twenty members should speak for 11114 agaimt every
proposition contused is the measure, sad that each number
should speak fur two hare (Laughter.) It was mid that
t..• bill ought sot to be adopted because there was
a committee ethos; updairs. But he iSir O. C. Lewis)
thought that was no rooms to' delaying the measure,
which he coaddermi to be • wise proposal. founded upon
jest pmeciplm. He fe:ly admitted that them was 110 die-
inictioa between London soil the country as to the prin.
Wide of this hill. But it nand be remembered that cons.
snitenenta io the country were not so freely expend to the
eummetta el the public press as they were is Lemke. He
Wright that the ;satin of the bill aught nee to be prat-
▪ 111 r. B. JOHNSTONE said he was 'Misted that them
meg ,mores w eibich the working` of the grand jury had been
bighlr detrimental to the well.begng of the community ad
to the welfare of individuals.
Its. W. HUNT *tilled Me isetituties, on the eroded 111
be antiquity, and traditional, legal, and coestitational ba-
th thought If this bill passed it would rather be
reta"Losomesse of the autheeity by which it we. supported,
thee of the mamas widish led bees urged is ile