The Sun.
London, England, 1864-04-07 00:00:00

THE ORIGINAL

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The Yorkshire Magistrates and the Home
Secretary,

The partial removal of the Yorkshire Assizes from York
to Leeds has given the magistracy of the North and East
Ridings, assembled in Quarter Sessions, cause for warmly
censuring the course taken in the matter of the Home Secre-
tary. In the two divisions, on Tuesday, a more than usually
large number of magistrates assembled. In the North Ride
ing, under the presidency of Earl Cathcart,
Major STAPYLTON called attention to the way in which
the magistrates had been treated by the Home Secretary.
The Lords-Lieutenant had sought the opinion of the whole
of the justices as to the policy of removing part of the busi-
ness of assize from York, and in the North and East Rid-
ings an almost unanimous opinion was expressed against
such a course, and in the West Riding less than one quarter
of the magistrates were in favour of the scheme, the num-
bers being 69 for, 189 against. The Government inspector,
afteritninqtary, reported in favour of Wakefield being
made an assize town for the West Riding; but, in the teeth
of the justices and the inspector, Government decided in
favour of Leeds. He would protest against the way in
which their opinions had been sought and then entirely
igno red, and would move a resolution that " having, by a
large majority, in reply to the question of the Lords-Lieu-
-tenant, at the instance of the Home Secretary, pronounced
their opinion against any portion of the assize business
being removed from York, and no reasonhaving been given
why that opinion was not respected, the magistrates have
not been treated with that courtesy and attention, which,
as a body, they were fairly entitled to expect. He should
propose that a copy of the resolution be forwarded to the
Home Secretary,

The motion was seconded by Mr. CAYLEY, who thought
the Government, at the time of asking their opinions, had
already made up its mind to divide the assize business of
the Riding, and it seemed to him that the proceeding was
a gratuitous insult, more especially as the West Riding
had exhibited a preference for Wakefield rather than Leeds.
He could only suppose that some private influence had been
at work at the Home .office, and thought they ought to ex-
press their feeling of the insult put upon them.
Col. CROMPTON said the asking of the magistrates' opin-
ions waa a perfect mockery if there was no intention of act-
ing upon them.

On the other hand, however, the Hon. Mr. DUNDAS
thought it highly inexpedient that the justices should con-
stitute themselves judges of the conduct of the Hume Secre-
tary. They did not know on what the Home-office had
founded its resolve to divide the business, and they were
assuming too much in saying that they had been treated
cavalierly by the Home Secretary. Without having all the
information before them—and they had none of it—they
ought not to express an opinion of the conduct of a public
functionary who, he believed, endeavoured to discharge his
duties to the beat of his aLility. He would therefore move
that the question be not entertained.
This amendment was seconded by Lord TEIGNMOUTB,
and supported by Mr. MORRITT, M.P., who said there was
evidently some misunderstanding in the matter. The ques-
tion was one with which neither the House of Commons nor
the justices had aught to do, it being purely within the pre-
rogative of the Crown. However distasteful it might seem,
the Home Secretary had a perfect right to seek their opin-
ions and not be bound by them. The House of Commons
had talked a good deal on the subject, but it soon found
itself clearly out of order. The matter was so clearly in the
hands of the Home Secretary and the advisers of the Crown
that, however indignant they might feel, the best thing to
do was to hold their tongues and submit, or the Home Sec-
retary and the Queen's advisers might show they thought
very little of the opinion of the justices. Sir G. Grey had
admitted in the house that he knew the opinion was in fa-
vour of Wakefiel'l, if at all in favour of removal, but he had
decided the question on other grounds.
Mr. PENNYMAN thought after this exhibition of courtesy
the magistrates in future would not trouble to answer ques-
tions from the Home-office.

Major STAPYLTON, on the impression that the discussion
would answer their purpose, withdrew the resolution, which,
he sail, had served thoroughly to elicit the magistrates'
opinions on the matter.
In the East Riding, under the presidency or Mr, C. W.
Strickland, a somewhat different course was taken. Refer-
ring to the removal of the Assizes to Leeds.
Lieut.-Colonel PEASE gave notice that at the Midsummer
Sessions he should move that " A large majority of the jus •
tices of the three Ridings, after being consulted by the
Lords-Lieutenant, at the instance of the Home Secretary,
as to the propriety of removing a portion of the assize busi-
ness from York, expressed a decided opinion against any
such removal. No explanation of the course taken in oppo-
sition to that opinion so asked for, and expressed by them,
has been furnished by the justices, and under these cir-
cumstances they submit they have not been treated with
the courtesy they have a fair claim to expect. The justices
desire to record their sense of this want of consideration
towards them, and request the chairman formally to co-
operate with the chairm.n of the North and West Riding
Sessions, and to communicate with the Rome Secretary on
the subject, and to take any titer necessary steps." In
giving this notice he would express his warm disapproba-
tion of the way in which the justices had been treated by
the Home-office, and he held it due to their position that at
the proper time the motion should be adopted.
The CHAIRMAN could not see what practical effect the
motion could have, but would act as requested, as he felt the
Home-office had not treated the magistrates ccurteously.