The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-20 00:00:00

CONSOLIDATION Of JURY ACTS.

Mr. Secretary l'EEle then roseliorthepurp—o4Of moving for
leave to bring in a Bill to consolidate and amend the laws relative
to the su 1111111 l 'ling and impanelling of juries. It was quite su.
perthmus for hint to attempt any eulogy upon the excellence of the
trial by jury--a theme which had exhausted every term of praise,
and every 10r111 of panegyric. lie trusted too, it was equally un.
necessary for hint to assure the Blouse, that in the introduction of
this Bili, relating as it did to the trial by jury, he sought not to
weaken or to impair the excellence of that system. My object,
continued the Bight lion. secretary, is to consolidate, and in some
unimportant respects, to amend, the various laws connected with
this spout.; and when I state to the Rouse that there are now
upon our Statute Books twenty different Acts connected with
some of them ludicrously enough connected with, the summoning
of juries, I think I have suited a ea,e which calls earnestly far
some consolidation of these Statures. If the very attempt at an.
averring this question, who may, or who may not serve as an inm,
requires a reference to all these twenty Statutea—then do I sac,
that such a state of uncertainty, and such an accumulating of is.
boor upon so simple a subject, should, in the way that I propose,
be dinimislied. flat it is no easy matter, from the titles of them
Acts, or of some of them at least, to conjecture that they hare a re.
remove to juries. I have selected the tides of one or two
of them, which may serve to illustrate this statement. I
find, for instance, ' An Art for the more easy recovery
of small tithes and the summoning of juries." Now it fe
not easy to conjecture the precise connexion between small
tithes and jurors; ontioi ere pthmr majores, but so it secured gond to
the framers of the Act, who had both objects before their eyes at
the passing of this statute. I lied next, "An Act relative to va.
grancy, for exporting leather, and for the easing ()limits." I find
then, An Act to prevent the clandestine sale of run goods, and
for the exportation of silk stuff; and the summoning of juries."
There is another Act, 6` exempting apiv !wearies from serving the
office of scavengers or jurors." My proposition is to take those
laws and place them under ore head, and thus to fix and conso-
lidate them. The 'louse will not fail to observe that many of these
Acts were passed fur a mere temporary purpose, but they after-
wards got interwoven with perpetual statutes, and are now as much
law as any statute of the realist. %Vitt: respect to any amend.
meats that I have to propose, I would willingly defer their discus.
skin until the consolidation is effected. I *hall thus secure myself
front much misapprehension, and possibly from what every man,
circumstanced as I am, must feel deeply the consequences of ex.
p sing linrelf to—i hag correspondence. My eh o amendment,
noweeer, shall certainly refer to extending the qualification of ju-
rors. I shall also propene tumie for enforcing the attendance of
juries, and for regulating the title of persons 'qualified to attend,
divesting of that power the petty officer to whom so important a
trust is now c HAW, and trstisferving it the Magistrates at Quarter
Sesaions. At present I shall abstain from entering more fuDy into
detail on this subject. After the bill has been introduced, and
printed, an opportunity will be offered of going fully into in dia.
cussion. The Right non. Gentleman moved that leave be given
to hrirg in a bill to consolidate and amend the laws relative to
Juries.

Sir J. NEWPORT rose to express a hope that some measnrii
of a similar nature would speedily be adopted with rtspeet to Ire-.
land, where the power of summoning juries war now confided tothoso
who were most unlit to exercise it. A separate measure. however,
he was convinced, would be required for that eouotry. The people
were always jealous of power, becaus, with them it meant °ppm-
Mon; and when they saw power confided to the mea.wst and Most
worthless members of society, it was nut to be conxidered that they
viewed it with even more than their habitual jealousy. Hence
anise much of those evil passions, which occasionally raged through
that ill-fated country, and which seldom died in mere passion, but,
growing up to deep revenge, wreaked themselves upon their real
or fancied lie would undertake to convince the House
that great evi were in Ireland to be deduced from the present jury

Mr. WOI/EIIOI.7SE said that the country would feel, and
justly, very grateful to the Right lion. I ientlernan for the extreme
attention and ability which he had applied to this important sub.
ject. In many of the counties of England the attendance of special
juries was moat remiss, and unquestionably, as far as the proposed
Lill applied its mnedies to that inconvenience, it would &verve
' well of the country. In 111irldlesex, to which some allusion wan
made in the last S"saion of Parliament, the attendance was re.
markably scanty, and some provision was clearly necessary for
such a limited attendance.

Mr. lil'Jlli observed that his anxiety was to choose the Jury
by ballot, and thus to prevent the interference of any officer with
the selection. The othccr was thus placed beyond suspicion, and,
indeel, he knew it to be the wish of the most honourable men that
the duty was not so onerous or suspicious from its very nature.
Ile thought it right to say, that an officer to whom he had referred
last Session, and whose conduct he had since been coovinced was
I all along extremely honourable—that returning officer felt the
greatest anxiety to have himself relieved from a very responsible,
and to him, a very disagreeable duty. lie had an opportunity
since of knowing that gentleman, and he declared that nothing
would give him greater pleasure than such a modification of the
law as would relieve hint altogether from the pertbrivance of a
very unpleasant Juty. Ile thought the proposed an exceedingly
beneficial measure, and if the Hight lion. Secretary would apply
his industry and intelligence to the consolidation of the laws gene.
rally, he would do more service to the country than all the
Secretaries of gate that hod sat in that place for the last
fifty years. Such a simplification would indeed confer upon
the country an essential benefit. !le was led the other day
to inquire into the Causes of the expense attendant upon the
election of a Proctor—an inquiry which he had instituted with ree
ferenee to a motion which he had shortly to submit to the House.
A wiU was proved to the amount of 301. upon which, for merely
adding to it a few words, the Proctor's charge was I/. 10s.; an-
other, for the same quantity of writing, but to a will which left
to the party a more cousidcrAble stun, the Proctor's charge for it
was 201. Now, upon inquiry, he found that in an Act of Parlia.
fluent introduced ter the regulation of tithes, the present Lord
Stowell and Sir John Nichol! added a clause to prevent any person
' becoming a Proctor who had been employed in the Prerogative
Court. A tumult wait instantly excited among the Proctors. and
forth they came to the doors of the lobby. and by their chumuurs
prevailed upon the iqtenious fabricators of the clause to Inntli:y it
to apply to those who bad been a certain time employed in that
Court.

3lr. ti. LA 31 rt did not rise to oppose the tneavure of the Right
Ilan. *aerial, because he kit that them would be ample time for
its discussion at a future stage. lle how. ver viewed with jealousy
'all these new Consolidation Acts, and they bad on that vrry night
seen tile effect of such novelty in legislation. They had beck dis-
cussing a measure which two years since had been passed. after
much debate, havirg fie ins object the consolidation of the Prison
Laws. They had now, too, the Hon. 31i:tuber for Abcnlcen callir
upon them to re-model the whole statute law. Ile would mush
sooner search out th gh all those antiquated statute►—lur:icruos
as sonic of the .Icts with which they were Collateted arpeaorrl to
the Ilouse,—he would much more willingly mil through those .lets
to discover the law relating to juries, than wander through the
winding mazes and wordy labyrinths of a modem Act of
MOIL

I NOTI/N; observed that the reasoning ef his Irtm.
Friend was well calculated to justify any abuse. 11e was delirleed
with the Statutes, !weansr they were old., and he glcried in law be-
cause it was intricate, and he had great pleasure in uninteliigible
Attsof Parliament, chiefly if they were dacult trout the titles to
discover. Now. he on the contrary conteraletl, drat it was a great
evil not to be acquainted with Ole law ; and yet ruth knowledge
was scarcely attainable by the MOitstry of a lawyer, red altogether
beyond the reach of a country genthitan. It was
sable Meam one to say what the: raver Law was on any particular
subject. lie would veature to assert that so lawyer in that !lover,
nor even in the ahoy llowte, not tyre the Lord Chat.cellor himself
could speak certainty as to the twice law on all' particular
question. 11'in:111 not hi., Friend tomtit that ruck a stwe of
things was a great grievance? Ilcsecated to think that the benefits
of decisions would be lost, but 01 what Ism, lit were they ? A
Outlawl argues on the one side. vi heittemly, earnestly, sect
with self-coelidence. that the law is with Lint: with equal coo.
tidence, and not lint warmth. dos ['a.. opposing( ()tinsel insist that
the law is wi'h hint: aZattatel, are ta breed to, stud eases are cited,
and after the 'arm and Icarnirg :hr Atlvocat,s are exhausted,
it falls upon the untlirtucate Judge to determine between them.
Sow there was another, and a s ill greater grievaace, name:y—that
the law being unknown to the community plurally, many a man
was executesl in ignieraece of it. The view of the proposed mea.
sure was, first to ascertain the law as it stood. and then to reduce it
to a uniform system; instead of ionipelling couttery gentlemen to
pun+ vie mew 011111,1iP of Mt/7/.1, ./.7tfj,r, and sup it!yieg auttr.et:yrn
with the Ste:lntl, at !weer, at Me moderate expense of sixty
pounds, and then the Reports; a :au ytr's library costs 10001.; and
this expel sr a country ventlentan must titrMsh, it' he wishes to he.
tie a di.paiser of justice; it, iesteittl of this expense., the laww
were simplaisil, they aeight ailli•inis!.r law ii,nerli;xtuaily to the
community, and, ',hick was l t less ...time:pie:ice, r.tote ecohout,-
cally to tlitinsely,w,

Sir E. KN.% ng-• d with the Honourable and
I,ex-red Gentleman that it It::‘ impossible tin any gentleman
to decide upon the Statute Law a, stood at present. u:l.wa he had
received a b•gal education. sra e greater blessing that
the country could rapw•ricnce tb.tn a gettetal emisoltaatitm
statute. or the realm. It was his mist...it:ono. however. to differ in•m
the Iliglit lloruttraltlelltstrlctuan as to Me neecastry cs.tenaing
the qu.tlitication of iuriea.
Leave wan then given to brim ir. a bill tc cons•dientc the laws re.
Wive to jurit a.

IRISH UNIONS.
Sir AMIN NF:fit'i'llNT snot.ct the• ?meal of the nth sec. of
.^.2 tiro. I 1.. which prolahised thc sa•vcrarry of litchends. Carlon-
ries, and whit Church di•a:idcr. except II IxaCtcr ea, added of
...twill value to that %cr.:red.
' Mr. f it .‘":"CA N scow del lii it•o! ion.
Mr. I iol.l,ltUlt X was of that the remd of this Art
would rot ram the Right Iloa, liatoret one jot matt to the object
he had is char.

3lr. 1)4 %1.:40N concurred in opinion with :he Secretary of Stahl
for ;Matta. Ile would thervOreopixio; the mo.ma.
Dr. LI 'SI! INt I TON approved et the :p, tian. lie thought it
would he an improvement on the plan of him Right lion. Flicad,
it living, were exchanged, with the commit of the Ilixhop of the di-
oce.c. the Lord I.!eutenaot. and the Primatc, tar others 0f a va-
lue sowething inkrior. This measure w✓ul.l, he thought, benefit
the Irish Church.

all

Sir .11.)1I\ NEWPORT tlifremid open this. es as on many
other matters. from the lionouraido Member. opposite ( Mr. Paws
gm). His object was to maintain an immense church establish.
ment. independent of any other eireimist inec. whiht he oitir John
Newport) meetly wished to give them the blessings anti advantages
of a religious elluertion. He wa. satisfied for Men-pent to pose.
pone his motion. under the espeetation that the Right Honour.
aide Seeretsge of tease f.tr !Telma, at uld inirg it forward in a eat:,
solitinted fenrt.

RELIGIOUS PERSUASION OF PERSONS HOLDING
OFFICES IN IRELAND.
•
Mr. GRATTAN said he would net detain the House long. His
• ion was merely a continuation of that submitted to the liousea
)1:
nights since by a Noble Lord (Lord Althorp). It was known
all, that :he Act of 1703 gave to all the Catholics a right to
offices, with cotain specified exceptions. His object in making
his motion was, to chew the House and the country how that Act
operated. In his opinion, nothing contributed more powerfully to
the disturbames of that country, than the exclusion of Catholics
front the places and ollica to which they were by law eligible ; and
the repeal of the penal code to-morrow would not tend more to the
iran9uillity of Ireland, than the admission of Catholics to those sj.
Coat ees which by law they were competent to filL He would move
• for the retorts of the religious persuasions of persons filling the fol.
•i 'swine, situatiors, or any of them :
'1 Barristers—Commissioners of likokruptcies, Commissioners of
• Inquiry into Fes of Courts of Justice.
Barrotere—Taxing Officers of low Courts, Counsel to the
' r Crown for the Six Circuits during the Aiteises of 1813 and 1814.
Barrieters--Commissionen of Customs, Excise, Collectors of
• Stamp Duties.
4,,,
Barrister, acting as Chief Magistrates recaiyhtg Salaries as Police
, Magistrates in the City of I)nbltn.
liarristera—Commissioners of Appeals in Revenue Cattew-1
; Crown Solicitors, Clerks of the Crown, Clerks of the Peace, Chief
: Magistrates under the Insurrection and Constabulary Acts, Trus.'
tees of the Linen hoard. (These consisted of 71 persons, and to
I his own knowledge there was rot a Catholic am oogat them.]
J. General laves:tors of Proms.
Deverhock lltouty-Gorernors, and Directors of the Bank of
Ireland.
Scholars of Trinity College, Dublin.
Commissioners for Distributing the Grants to the Lord Lieu-
tenant for the promotion of Education.
Coineniesioners of the General Board of Health.
(;ouituissioners of Inland Navigation, Auditors of Public Ac-
ccunts, of Customs and Excl.?, of Stamp Huth s.
Commissiorere for l'aving and Lighting the City of Dublin, for
erecting Fountains in ditto, fur preserving the Port of ditto, fur
malting wide Streets in ditto.
The motion being seconded by Lord A I,TH()R P,
Mr. tH/CI.IIURN could not refrain from noticing the differ-
ence between the notice of motion, as it stoud upon the board, and
that made by the Honourable Member. The Honourable Mem- l
bee's motion, as he read it, wax for a return of the names and reli-
ideas persuasions of nll persons connected with the general idled-
!
Monition of justice in Ireland; of those persons in the ieccipt and!
management of the revenue, and in the general manufactures and ,
educatioo of Ireland. This was the motion of which the Member
had given notice, and to his motiou he would refuse his concur-
rence. It was, as be thought, a serious matter to call upon any
class of persona to make a return of the religious sentiments they
professed; and as a proof that the House agreed with him in the
senouimess of this consideration, they never called even fur a return
showing the number of the peoples without obtaining, by Act of
Parliament, the consent of the other branches of the Legislature.
jhls measure was resorted to in a question of mere nember ; but
upon this occaeion, a bare no:ice of motion was deemed sufficient
by the Honourable nleinber, for making an inquiry into, and re-
quiring a statement of, religions opinions. Ile would thertice
object to the motion, because he did not think the Hoe• e possooed
the inquisitorial power of examining into the faith of am persons.
Ho would also object to it for another reason : the law hap thought
proper to lay down a certain 'ad, to be taken by every individual
previous to his taking office, and by his refusal to take that test, it
might be known what his religious opinions were; but when wee
that individual accepted office, the Government did not deem it
expedient to make any farther inquiry. But, in the present case,
the motion of the Honourable 31ember affected not only those per.
sans who held places of emolument under the Crown, and who, if
the motion were acceded to, would be subject not only to depriv-
*non but to penalty—but it also went the length of affecting those
who held sititat,jons of mere honour, and accepted them through
their anxiety to perform a public duty : fur the Member's original
motion went to tic extent of calling upon the consciences of all
those concerned in the administration of justice in Ireland.
Mr. GRATTAN said he meant only Clerks of the Crown, and
iliilar officers.
Mr. OfftiLBITItN insisted that there was a test propmed pre-
vious to the admission into otti:o, and after the admission there
was no power to make the inquiry; the measure called for by
the BOIL Meniber would be at once inconsistent with justice and
the
.practice of Parliament. Ile would have no objection to a
motion for the purpose of ascertaining if the persons in office had
taken the testa proctibed by law; in this motion he would concur.
For his part lie never wished to inquire into the religious senti-
ments of any man. As long at he was connected with Ireland, he
lied acted upon a principle widely different ; and in appointing an
individual to a situation in the Customs or Stamp Oilice, lie never
- • asked if he were a Catholic or a Protestant ;he forehore to make
rt tuquiries as to his religious opinions. In the exercise of Government
petronage, he was influenced by the capacity and talent pcssoned
Ay the individmil recommended, and by these consideration.. alone.
It was not the wish of the Government to make itself popular by
contributing to the vanity of either party, and raising the idol of the
eft at the rapt-nee of that of the other. If the lion. Member per.
seined in his moriors, he would oppose it, as he was sole it w mini
oonfer no benefit, nor produce any of those effects which he ap-
peared to expect.
lard ALTHORP said, when he ainsidered the peculiar manner
Ie which the offices in Ireland were tilled, that in a country in
which the Catheltes were PO rune MUM, and rot one of them ob-
tained a situations he was compelled to admit that it could no: be
d by chance; it hail all the appearance of design :it was utterly
ambit that these persons should be thus studiously excluded, if
It were not on the ;mond of their religion. As to the argument used
by the Right Hon. Secretary, that the House was called upon to
eterelse an inquisitorial power not known to the Constitution, he
would deny it ; there was nothing inquisitinial in the measure, fur
through the entire of Ireland the religion of each person who ac-
cepted office was a matter of notiwi:ty : it was perfectly well known
whether lie was a Catholic ur Protestant. The production of the
Papers sought for was a matter of extreme importance. The differ-
ence in the consideration of the question was, that the cimunstanees
alluded to were perfectly well known in I teland ; but they were not
so in this country. The struggle here was fur situations which all
were alike competent to fill ; in Ireland, the Catholics were eligi-
ble but to a few, and from these few, though competent by law.
they were excluded by prejudice, and exchidod they would remain,
whilst they were considered a degraded caste in their own country.
He was na anxious to shew England the importance of the mca-1
mire--to show how these ottices were filled, and how Ireland was
over:led. Ile saw no difficulty whatever in the return ; there was
nothing inqi.isitorial in the measure, and it was of vital importance
' to the state of Irelar.d.
Mr. HORIIin'SE said that when the Act of 1793 was passed.
ft was intended to give Ireland the advantage of opening certain
situations to Catholics; but this Act had been most shamefully
evaded, as he spoke on the authority of a gentleman an whom he
mule) rely, that in nineteen out of twenty instances the holders of
all die appointments therein-named were Prete/tents.
Al r. Girl 'Lill 'RN.—That is not true.
Ma 110111110 USE sterol, that so far from its not being true,
sit lion. (entletion near him said that he might safely state it as
CJ out of 31; and indeed Knottier Hon. Gentleman skid there was
brume Catholic in any of the responsible situations named. With
ropect to what had been said as to the indelicacy of inquiring
into the religious peiecieles of persons holding offices, it was the
ennstant practice, anti be did rot conceive there was any thing in.
quiehorial in it. Every person in Ireland knew the religious per-
suasion of his neighbour ; and if it was not so, he was sure that no
sine would object to arswer such a question. It had been urgent by
the Hoe. Secretary fur Ireland that many of the situation, alluded
to in the memos row called for were places of no emolument. bum
:nerdy henorary ; and he therefere could not conceive in what shape
the nwetoo would extend to them. Ile (Mr. liobhouse) thought
dent if the people of Ireland were like the people of England, they
would like to he put in places of honour, and such as would entitle
thtm to be looked up to wit h respect. Such was the fasl., he con.
in !wed, with the 71 trustees of the Linen Board; but the fact was,
that the Irish Government Lad been acting on a system of exclu.
sum, contrary to the wish,. of the Seven ign, which had been so
cpenly enters', set! ; and the motive fa refusing the returns now
ranee for MAP Cron' a disinclination to chew how far this system had
ken carried. la the Art passed in 1783 there were 8 classes of ap-
pnintmer te to ei hichCat ht the barristers were eligible,rual there werel3
classes of ,i t witions contiected with the whniteistration ofjustice which
were also open to Catholics: from every one of these, lie would un-
dertake to say, the Catholics were wholly excluded. Ile (Mr. !lob-
ISOUIC) W :.S tonvireced, that the reason assigned for not wishing to
pry into the faith of persons holding appointments in Ireland, was
not the true reason of objection to these returns; but the real fact
was, that the lionourablenceretaor for Ireland, if he might express
hiniself without giving oftener, did nut wish to sliew that the Act of
17:C was a mere farce and delusion. Ile had expressed himself
thus far on this question, as he did nut think it possible for the
Diglien 3lembers of that House to interfere too inquently in the
debates on Ireland, to convince the people of that country that
tinelishmen were nut wholly indanent to its interest. lie would
*mime for Ireland, as for Yorkeiiire. or any integral part of this
country. lie therefore trusted that the returns now called for
wouki be produced.
The CHANCEI.IAIR of the EXCIIEQUF.R could not ad-
mit that any substantial reasons had been givoi fur complying with
thi. motion, and he thenifore should untie with his Honourable
Friend, the Secretary for Ireland, in foisting it. Ile world state,
in eau:lei:en ef %hat had been alga by the llonoorahhe Member for
Wattnirso.7, that two appoimments had reeently taken place, and
tn. Is.* ens:. the persons appoheed were !;atht;lion—Mr. WAIT,'
N.V-(rtes Ceennissioner of Stamps, and .Ir.Trny, an Inspector of
l'ustono. This fact lied conic to his knowledge accidentally, but
it was ranient to chew that religious nolnionis had very little to do
with :civil apeointments. as he Sc, sure that the Government never
made these on, inionsa suhiect for inquiry.
Mr. II; 'IIE was very hippy to hear of the instances alluded
to by the Charicellor of the nchequer. as they were exceptions to
tit- general rule, and chewed a detomination on the part of Mi-
nisters here to dissolve the junto that had ro long ruled Ireland ;
hut he still thought that these returns were necessary, and he hoped
. ihet the motion would be teamed, as he thought it indiepensitele de.:
illy elaraid be laid on the table; anti if his friends should fail now,
he would ietroduce she ss'ejcrt until it succeeded, as he felt con.
rimed that the irritation of Ireland was kept up by attending to
the intereete of :he few, wad nieriectieg those sif the many. The
I"anatteit•ent of inland had hem serinstalous. and hemmed tiorlesely,
tan the Greeks themselves with all the opproision that lied been
l'ioiled on then,, had met suffered half so much as the Irisn had
trOne their shameful ni;sruli.. 110 trusted that his 311,j:soy's nli-
i'j'''cl", would not preen the question to a division, but concede the
PrZsluetion of the toper&
Mr. AGAR ELIAS thotight that the papers were important,
aid was motet-convinced than ever et the neoeouty of the returns, by ,
' (to statement of the lion. the Secretary of Ireland, that he could •
hh, sey how many Cinhoiiess held these appointments.
Mr. PEEI. rose to ulaierre, ilia* the lion. Alember for Montrose