The Sun.
London, England, 1839-08-06 00:00:00

METROPOLITAN POLICE COURTS BILL.

Mr. F. MAULE moved the third reading of this Bill.
Mk. F. DUNCOMBE said he thought the Bill should be post

poned till five o'clock. His Hon. Friend the Member for Kil-
kenny had an amendment to move, and it was not understood that
it would come on at twelve.

Mr. F. MAULE said he had distinctly stated that he should
propose to take the Bill at twelve.
_ _

Mr. T. DUNCOMBE said, in the absence of his Hon. Friend he
must move the amendment—(Hear, hear)—but it was unfair to
force the Bill on when many Gentleman who would support him
were absent.

Mr. G. PALMER deprecated bringing on a Bill of such im.
portance at so late a period of the Session. The title was decep-
tive. It purported to be a Bill for regulating the police force in
the Metropolis. Whereas it was intended to establish these police
courts within a circle of fifteen miles round the Metropolis. It su.
perseded the old unpaid Magistracy of the County. There was a
clause, prohibiting the Justices of the Peace, not ap-
pointed Magistrates under the Bill, from practising in these
Courts.—(The Solicitor. General—" It is struck out.") But
whether it had been struck out or not, it showed the "cloven
foot "—(A laugh)—it showed the intention of the Government,
which he heard was, if possible, to spread the system all over the
country. It had long been the boast of Englishmen that their laws
were carried into effect by unpaid Magistrates, except in
large towns, where he agreed it might be advisable
to have a stipendiary officer. His opinion as to the
general benefit of a county unpaid Magistracy, would be, he was
aware, only dust before the wind. But he was borne out by some
eminent authorities. George 111. had declared that the independence
ofJudges was essential to the impartial administration of justice, and
one of the most valuable securities for the rights and liberties of the
people. Under this Bill, however, the Magistrates would be re-
movable at the pleasure of the Secretary of State. Judge Black..
stone said that the existence of judicial power in a peculiar body
of men, nominated, but not removable at the mere plea-
sure of the Crown, was one of the best preservatives of
pc bile liberty, which could not long subsist unless the
administration of common justice was separated, in some
degree, both from the Legislature and the Executive. If it
were joined to the Legislature there would be an end to liberty—
life and property would be at the mercy of arbitrary Judges, whose
decisions would be prompted only by their own feelings, and by no
fixed principles of law. If joined to the Executive, tyranny would
soon overwhelm the State ; hence, by the 16th Charles
the First, Chapter 10, abolishing the Star Chamber,
effectual care was taken to remove all judicial power from the
Privy Council, who would be too much induced to act in accordance
with the wishes of the Prince. Mr. Canning had said that he did
not contemplate the threatened inroads on the Constitution by the
theories of Radical Reform with half the horror which he felt when

he reflected on the attempts made to do away with the unpaid coun-
try Magistrates. A new House of Commons might be elected,
new statesmen arise when the present race of public men had
been swept away—but once destroy, we could never supply the
voluntary, the gratuitous dispensation of justice, the noble conse-
cration of wealth and power, to the interest of the humbler classes;
the county Magi strates were the connecting link between the upper
and lower orders, and if that link were broken, more evil would result
to the State than from the declamation of all the Radicals in the coun-
try. In conclusion the Hon. Gentleman said that considering the Bill
would be a most injurious precedent, he should move that it be read
a third time that day three months.
Nobody seconded
,the amendment, and the Bill was read:, third
time and passed.
Mr. FOX MAIJLE brought up a clause, which was agreed to
be added to the Bill by way of rider.
' Mr. THOMAS DUNCOMBE complained that a gross breach
of faith had been committed in bringing forward this Bill this
morning. His Honourable Friend had said he had given
notice of it; if so, it was remarkable that the clerks at the
table did not know of it.—(Hear, hear.) It was not put down
in the paper for twelve o'clock while the Bastardy Bill was, and
which therefore ought to be provided with. In fact it was an
an attempt to smuggle the Bill though in the absence of those who
would, had they known it was to have been brought on, attended
to oppose it. He would propose as an amendment to the 4th
clause, which enacted that the Magistrates must be barristers
of seven years' standing, that these words be inserted in the
place of that enactment, "that such Magistrates shall be
sergeants at:law, barristers at law, certificated special pleaders, or at-
tornies of the courts of law in Westminster." In the case of attor-
nies, he had no objection to its being enacted that they must be of
ten years' standing ; but with regard to barristers, he had under-
stood from many barristers that a barrister of seven years' standing,
who would belikely to accept an office of 1,200/. or 1,000/. a year must
be a man who had failed in his profession, whereas by omitting that
part of the clause they would be enabled to secure the services of
many rising young men at the bar. With regard to the salary, he
felt perfectly convinced that the man who would take the situation
for the sake of 1,2001. a year would be glad of it at 1,0001.
Mr. BERNAL said his Hon. Friend was in error in describing
men who were of seven years standing at the bar, and who yet were
briefless, as of inferior talent. Lord Eldon and Sir W. Grant
had both been in that situation. With respect to the salary, he
thoul ht they ought not to screw it down to the lowest possible
scale of remuneration—it was their duty to make these situations
respectable. It was not enough that the gentlemen filling it should
have enough to live; but he shoald be enabled to keep up his credit
so as to maintain the appearance due to the office which he held,
he considered it bad economy to screw the salary down to the
lowest pitch.

•
Mr. T. DUNCOMBE explained.
Lord GRANVILLE SOMERSET would vote in favour of the
reduced salary.

• Mr. FOX MAULE said, that with regard to the Bill being
brought on at this time, there were Gentlemen present who had
heard him give the notice—( Hear, hear)--that he should bring it
on at twelve. Besides, as there was no notice on the paper,
of any amendments, the House could not be supposed to be
aware that it was the intention of any Hon. Member to propose
any amendments to the Bill. However he would not take that
objection to the course the Hon. Gentleman was pursuing.
Mr. T. DUNCOME would withdraw the present amendment,
but press the one insisting on a reduction of the salary. The Hon.
Gentleman then moved in the 10th clause, that the salaries of the
Magistrates to be appointed should be reduced from 12001. to
1,0001.
Mr. F. MAULE defended the clause as it then stood.
After a few words from Mr. R. Palmer, Mr. Hodson Hinde,
and Mr. Estcourt,

The House divided, when there appeared,
For Mr. Duncombe's amendment
Against it
Majority against the amendment —l9
Several clauses were added by way of rider, and the Bill passed.