The Sun.
London, England, 1855-03-24 00:00:00

into consideration, he had no doubt a very slight addition
to their number would enable the judges to go four:circuits
in the year instead of two circuits, as at present. With a
moderate increase of the county court judges at the same
time, there might be, if not forty-two, at least twenty-six
criminal courts held once a fortnight in every county in
the country. He admitted that the expense would be great,
but there was a fund which might be made applicable to
this purpose. He had no doubt a great saving of expense
and a great improvement would be effected. The average
cost of each prisoner in Scotland was 131., the average cost
of each prisoner in England was 211., and he was most
anxious to make a fair proportion from the dietary, which
might be different in the two countries. After inquiry
into the subject, he found that only 21. was to be ascribed
to the difference of diet. With respect to clothing, which
was dearer in Scotland, a prisoner had the option of wear-
ing his own or the prison clothing. In Scotland the prison
clothing was universally chosen, so that in Scotland the
clothing was dearer than in England. Again, in Scotland,
from the work which• was done by the prisoners, the
average of 191., after allowing for the 21. from the diet,
was reduced to an average of 131. It would therefore be
observed that a total saving of 90,0001. or 100,0001. would
be gained by the adoption of this improvement ; but the
incalculable benefit in the moral improvement of the pri-
soners, and in their moral character, must also be taken
-into consideration. He must apologise to their lordships
for the time be had taken, but the subject was one of the
utmost importance. He would quote the opinion of Sir
Matthew Hale, who, as the result of his experience and
long reflection on the subject of legal defects and law
amendments, had left, his opinion to the following effect :
—"That the amendment of the law ought to be done by
judicious and competent persons. Reforms must be done
some time or other, or they would be done by persons
actuated by enmity to the profession, mistaken int- ntions,
or for popular favoiir. Amendments ought to be made
in time by persons who knew their business, and much
evil would result unless the business was undertaken
by such hands. It would otherwise be too late, and it
would give occasion for the pretext that, as the lawyers
and judges would not make the reforms, they must be
done by other hands." If a person went on a travel
to indulge his curiosity in a distant country, and on
his return stated that ho had found a people, not in
the depths of barbarism, who had laws for the punishment
of crime, but who had no means of carrying those laws
into execution ; who left in the hands of persons most
likely to abuse them' or not likely to perform their work
at all ; in this country which this person had explored,
he had also found that some things were considered not
offences, and others which were not offences were most
severely punished, and that persons were imprisoned month
after month who were all the time innocent, andmight all the
time be able to prove their innocence ; that in some parts
of this country the administration of the law was as per-
fect as it could be devised, whilst in all others it was as
wrong as it could be; if a person should say this, it would
hardly be believed that such a country could possibly ex-
ist on the face of the earth ; yet it would turn out that
this was only a faint and imperfect description of the
country in which their lordships were living. On the last
occasion on which he had addressed their lordships on this
subject he had told the late Lord Chief Justice that these
addresses were the testamentary acts of persons in their
situation ; but he little thought his words would then be
so unhappily and so soon true. He (Lord Brougham)
deemed it hie duty to bequeath these observations on these
most important subjects to their lordships and to the
country before ho was called home, or before he sank, as
he was daily more and more tending, into the state of
feebleness incidental to old age. (Hear.) The noble and
learned lord concluded by moving his resolutions, stating
that it was the imperative duty of Government to direct
their attention to these highly important subjects.
The LORD CHANCELLOR said he could not follow his
noble and learned friend through the important subjects to
which he had so lucidly and ably cull attention, and if he
did not attempt to do so he trusted that his apology would
be that the only notice which his noble and learned friend
had given was his intention to call the attention of the ,1
house to criminal procedure. Of course, on a subject so
vast, and involving such important considerations, it was
impossible ho could be prepared to follow the able, lucid,
and long—although not too long—statement of his noble
friend. He (the Lord Chancellor) could only say that with
the great bulk of those observations he most entirely and
most heartily agreed. In what was the fittest and most
practicable remedy opinions might differ, and it would not
become him to offer off-hand any confident opinion. With
regard to some of the observations he must express his
entire concurrence. In the first place, the organisation of
the police throughout the country was a perfect anomaly,
and almost seemed to be contrived to secure impunity to
criminals. Government had turned their attention to the
subject-, and last year the noble lord now at the head of
her Majesty's Government had brought in a bill for the
purpose. He (the Lord Chancellor) must express his re-
gret that the measure had not passed, whatever might be
the defects in it. He also trusted that some measure with.
out the defects of the bill of last session might be eventu-
ally adopted with regard to criminal prosecutors. He
agreed in the abstract that the existence of such functiona-
ries would be attended with great benefits, but when his
noble and learned friend spoke et* a single public prosecu-
tor, he (the Lord Chancellor) could hardly think that SCO
would be sufficient to discharge the duties of such officers.
One or more would at least be required in all the large
towns and more important districts. Ho believed, how-
ever, that the wants of the country would require the power
of proceeding as was now done. It might be the relic of a
barbarous age, but he could never believe that it would be
allowed that on great questions it should be left to any
officer of the Crown to say whether the offences should be
prosecuted or not. In the case of murder, for instance, the
institution of the coroner, which was a popular institution,
was a means by which the public always felt that they had
the power of bringing a delinquent to justice if the magis-
trates did not choose to do so. He must, therefore, guard
himself from assenting to the suggestion that the institu-
tion of public prosecutors would be a safeguard against
many of the evils which his noble and learned Island had
so ably exposed. In the case of a man committed for for-
gery, against whom a true bill was found, but a witness
was not forthcoming, lie did nut see how a public prosecu-
tor could remedy that, or that there was any remedy ex-
cept by keeping the witnesses in close confinement until
they wore wanted. He believed that his noble and learned
friend would agree that this remedy would be worse than
the disease, but any witness who chose would otherA ise
escape the public prosecutor just as easily as he did at pre-
sent. With regard to the increase of the number of the
assizes and sessions, he was much inclined to agree with
his noble friend, and to think that, to some extent, an in-
crease might be not only desirable, but practicable. Here
again, however, it must be borne in mind that the ques-
tion was out a balance of the inconveniences, and as long
as they had trial by jury they would always find it ex-
tremely difficult in small counties to secure juries oftener
than at present.
Lord BROUGHAM made some observations with re-
spect to paid juries.
The LORD CHANCELLOR—There were once paid
juries in the Exchequer Court, and the measure which
abolished them was most popular. He entirely agreed
that there were great grievances, but unless they had a
court constantly sitting to dispose of the cases as they
arose, there must always be delay. It was a case of the
balance of how much ; but ho was prepared to say that
Government ought to take into consideration, and would
no doubt take into consideration, the question whether
there should be additional assizes and sessions. He trusted
that it would not bo supposed that he was answering or
commenting upon the observations of his noble friend, for
ho felt that he could only discharge the last most imper-
fectly. He could only express his general concurrence in
the Observations of his noble and learned friend, and in the
truth of his proposition that something ought to be done
in the matter.

After a few remarks from Lord BROUGHAM the subject
was allowed to drop, and
Their lordships adjourned at twenty minutes past seven

HOUSE OF COMMONS—YESTERDAY.
The SPEAKER took the chair at four o'clock.
PRIVATE BUSINESS.
fte following bills were read a third time, and passed:
--Brighton Improvement Commissioners and Municipal
Corporation ; Folkestone Water ; Hoarwithy Bridge ;
Lands Improvement Company ; Ratcliff Gas ; Surrey

The Rotherham Gas and the Stalybridge Gas Bills
were considered, and ordered to be read a third time.
The Medical, Invalid, and General Life Assurance
Society (Stamp Duty on Memorials), was reported.
The West London and Crystal Palace and Westmin-
ster Terminus Railways, and the Southampton Paving
Trust, St. Pancras Bills were read a second time, and
ordered to be committed.