The Sun.
London, England, 1835-04-17 00:00:00

and , schools are enumerated amongst corporate abuses
(pp. 47, 48, sec. 120, 121.) The founders of the
several charities selected the corporations as trustees,
and if the corporations do not fulfil the intentions of
the founders by whom they were so selected, the Court
of Chancery has afforded, or will afford, an adequate
remedy. "At Winchester," the report states, " the ma-
nagement has been actually taken from the corporation in
consequence of notorious malversation." The circuit re-
port simply states that " by-decrees of that court (i. e. the
Court of Chancery), authorised by act of Parliament, the
trusts in all the charities heretofore vested in the corpora-
tion of Winchester were transferred to and vested in new
trustees." (Evidence, p. 907.) The corporation of Win-
chester has lost its authority ; and in any other case of
similar abuse it may be redressed in the same manner.
The other cases (of which Newbury, Tea kesbury, Haver-
fordwest, Tenby, Exeter, Tiverton, Torrington, Totnes,
and Truro, are the most important) may be found by re-
ference to the tables. It is sufficient to observe that many
of these cases have been regulated by the Court of Chan-
eery ; respecting others, suits are pending. Some have
not yet been brought before the Court. One of these,
Tewkesbury, is specially quoted in the report. It appears
from the circuit report that " an opinion prevails in the
town that the present master conducts the process of
tuition with improper severity." " Representations on this
subject have been frequently made to the governors, who
have, however, proceeded no further than to caution the
master on the subject, and to recommend recourse to a
discipline of less severity." " This seems to have produced
some effect, but complaints of undue severity are still
made," &c. (Evidence, p. 127 ; App. p. 39.)
(12.) The commissioners state in the report, " that they
have considered that the terms of the commission do not
authorize them to recommend specific measures for the im-
provement of the corporate system, and that they have,
therefore, refrained from pointing out even the most obvious
remedies for the imperfections they have observed, unless so
far as the suggestion of the remedy in some cases is unavoid-
ably implied in the state of the evil." But without inquir
ing whether they are or are not correct with respect to
their powers, it appears, that although the report does not
suggest any specific measures, yet that " popular control"
and " the influence of public opinion" are prescribed by the
to:2°lr of the report as the specific remedy for the
"principal defects which they have found in the mur.i42.l
constitutions of England and Wales." Now with respect
to the practical effects produced by popular control and the
influence of public opinion, the fullest proof is afforded by
the evidence that, taken by themselves, these elements of
government are not sufficient to secure a good local admi-
nistration. The corporation of Plymouth is noticed by the
circuit commissioners as " the only instance which occurred
to us in the course of our inquiries of a corporation
framed and acting upon popular principles. Not only are
the mayor and aldermen elected by the commonalty,
but the management of all the corporate affairs has,
since the year 1803, been in the hands of the freemen
at large. This power has been exercised by them
with much prudence and discretion, by the appointment
of a committee of 21 of their number, by which all
the business of the corporation is conducted." (Evidence,
p. 595 ; App. pp. 50, 51.) But immediately afterwards it
is stated, " The committee of 21" (previously designated
by the commissioners as " an excellent board of manage-
ment") have not, nevertheless, in the management of the
financial affairs of the corporation acted with that caution
and discretion which might have been expected from them.
(Evidence, p. 595 ; App. p. 51.) They have involved the
corporation in great difficulties by most improvident specu-
lations. An enormous debt has been contracted, which at
present there are no means of discharging. (See above, p.
11.) The funds required for the erection of the gaol have
been wasted in the erection Of an hotel and a theatre. The
next presentations to two of the churches have been sold,
and, instead of employing the proceeds upon the repairs of
those buildings, they have applied the money in reduction
of their general debt, so as to render it " necessary to im-
pose a church-rate, a measure of course very unpopular
amongst the inhabitants." The corporation have cut off
the supply of water from the public conduits, " which
afforded to the poor a cheap and easy means of procuring
an article of the highest necessity." (Evidence, p. 591 ;
App. p. 50) ; and this for a most inconsiderable profit.
Very valuable reversions have been alienated, and the
sources of future increase of revenue have thus been de-
stroyed. By-laws have been passed, considered as unfairly
destructive of the rights of the working classes, and continue
unrepealed, notwithstanding the discontent which they have
occasioned ; and the corporation maintains what, in the opi-
nion of the commissioners, is an undeniable connexion with
the management of the poor. (Evidence, p. 585, 586,
591, 592, 595, 596 ; App, pp. 49, 50, 51.) And the con-
duct of the body thus forcibly characterized by the circuit
commissioners " we have not visited any corporation in the
west of England so well managed in all respects as the cor-
poration of Plymouth, which we attribute to the efficient
control exercised by the public over the elections ofthe mem-
bers of that body, and to the publicity which is given to all
their proceedings," (Evidence, p. 596), and exhibiting the
full operation of the principles held out by the general report
as the very basis of municipal reform, is marked by the prin-
cipal defects assumed by that very same report to be the
consequence of secrecy and want of popular control.
(13.) Desirable 'as it is to complete the analysis of the
evidence, and compaie it with further portions of the report,
the shortness of the time allowed for the preparation of this
protest renders such an attempt impracticable. Those upon
whom it will be incumbent to perform the task may derive
some assistance from the annexed tables, though it is feared
that some errors may be found in them. And it appears pro-
bable to the undersigned commissioners, that if the " several
defects found in the constitution and management of the mu-
nicipal corporations in England and Wales are traced to
their proper sources, if the defaults of individuals are sepa-
rated from the defects of institutions, if local and temporary
feelings be estimated according to their real value, and dis-
tinguished from motives of general and permanent influence,
a result will be obtained not very dissimilar from that con-
tained in the following summary.
1V.—(1.) Upon examination of the evidence afforded by
the reports, it appears that, taking the municipal system as
a whole, the ancient efficiency of the corporate institutions of
England and Wales is diminished, and in some particular
instances nearly destroyed. But the comparative weakness
and decreased efficacy of corporations has not resulted from
the default of the present members of these communities,
and must rather be imputed to the inattention of the Le-
gislature. Whilst every other portion of the policy of the
realm has been gradually adapted to the progress of society,
the improvement of municipal law has been wholly neglect-
ed ; and municipal corporations are labouring at present
under the encumbrance of institutions which have ceased to
harmonize with the general system of our jurisprudence,
and the influence of privileges and immunities which, how-
ever injurious they may have become, have, up to the pre-
sent day, been created, protected, and fostered by the law.
(2.) Yet, at the same time that the circuit reports clearly
point out the defects of the mucicipal system, it is satisfactory
to observe that on the whole the general character of the go-
verning bodies stand fair, though the individuals composing
them have been long exposed to the great temptations of op-
portunity and impunity. Acts of injustice, oppression, or
malversation have very rarely occurred. The improprieties
of a municipal magistrate, though not imputable to the
corporation, are so far municipal abuses that in such a case,
the subject does not possess that power of appealing to the
equitable authority of the Crown which is exercised by
striking out from the commission of the peace any justice
whose misconduct may have rendered him unfit to continue
as a magistrate, but whose offence or taint of character
may not come within the cognizance of a court of law. It
may be considered whether the provisions of the existing
laws in relation to proceedings against magistrates might
not be so modified, at least in relation to corporate maais-
trates, as to enlarge the strictly legal remedy, and to ren-
der it less difficult to the suitor. Nor would it be at all
unreasonable that in cases where the aggrieved party is in-
capacitated by poverty or other causes from seeking redress,
the appeal to a court of justice should be diligently con-
ducted by a public prosecutor, and at the public expense.
Furthermore, it would be expedient that all municipal ma-
gistrates and members of municipal councils should be re-
movable by some speedy mode of procedure in cases of
felony, grave misdemeanour, bankruptcy, insolvency, or
neglect of the functions intrusted to their charge. _ _

(3.) The partial exception of the corporate jurisdictions
from the operation of the recent statutes for the amendment
of trial by jury has allowed many evils to continue in full
vigour ; and especially in certain of the smaller boroughs, in
which, according to the local customs, the jury must consist
of burgesses or freemen. In such places the difficulty of
procuring an unbiassed jury, particularly in cases where
local feelings are excited, may amount virtually to a denial
of justice.
The branches of criminal jurisdiction possessed by corpo-
rate magistrates, beyond that of ordinary justices of the
peace, are derived from an age when the right of inflicting
capital punishment was considered as a regality and token
of honour, when each community strove to separate itself
as much as possible from the rest of the state, and when the
exemption from the general jurisdiction of the realm was
deemed to be a valuable privilege. For the advantage of
the country it is highly desirable that these privileges should
be modified, and that the recoraers, or other presiding
judges in the criminal courts of corporations, should be in•
dividuals properly qualified by professional education and
standing ; but this, as well as every other suggestion relat-
ing to the borough courts, can only be considered in con-
nexion with the question of the general establishment or
organization of local courts, and other subjects not within
the purview of the present commission.
(t.) fi•om the foregoing causes, partlyfrom those
indicated in a subsequent section (7), and parLy
of sufficient funds, the police of corporations is almost uni-