Star.
London, England, 1807-02-17 00:00:00

PARLIAMENTART PkGCLEDINVS.

MOUSE OF LORDS, MONDAY, FEB. 16.
Lord: ONs tow and SEAPOITH took the oaths anal at the
commencement of the Seffion.

The Earl of WESTMORLAND foggefted the propriety of
printing the Corrcfpondence between the Secretary of State and
the Governor of Trinidad, relating to the breaking up of New
Lands in that Wand.
Lord GRENVILLE could not iSerceive the neeeffity of print-
ing documents relating to a Bill which was not then before the
Houle.

ADMINISTRATION OF JUST', IN SCOTLAND.

Lord GRENVILLE role, purfuant to the notice
he had previoufly given, of tubmitting to the delibe-
rate attention and ferious decifion of their Lordfhips,
a Bill for the better Regiilation of the Adminiftra-
lion of Juftice in Scotland. It was his duty, in the
firft infiance, to clear up, or rather totally to contra-
die, an improper opinion, which, though not enter•
tained by their Lordfhips, had, by tome unaccount-
able means, found its way too generally throughout
the country. It had been Paid, and almoft univer-
tally circulated, that the objel of the prelent Lill
was fundamentally to alter the laws and ufages in
'the Scottifh fyltem of jut iiptudence. To this nojulti-
fied impreffion might be attributed, in a great &wee,
any oppofition and hollility which it was likely to
meet, either in this country, or in the part of the
kingdom snore immediately interelled in the iffue.—
Wantonly to interfere with thofe laws and inftitutes,
which, for a reties of ages, fupported the fecurity and
credit of a great country, he pulled the Houfe would
conceive, that in this extenfive empire, he would be
the laft man. The opinions he entertained, the conclu-
fions he had deduced from a long and praElical atten-
tion to human tondua, the refleCtions he was induced
to make on the relpeetive and various fituations of
different countries, fully and decifively convinced
him, that in legiflation there was nothing fo falfe, as
to apply the ufages and inflitutes of one country,
however beneficial and highly valued, to another,
where a fyflem of jurifprudence, varying in its modes
and forms,
. had been for a fucceffion of ages eftab-
lifted. The endeavours to mould the habits and
duties of a people, fo long fubjeft to fuch a fyflem,
would be the means of perhaps introducing greater
and more fatal evils, than thofe which were hoped to
be remedied. But there was a great and leading dif-
fetence between an innovation on the fyllem of jurif-
ptudence, the mifchievous effeas of which, no fan-
ciful or pleating theory could compenfate ; and that
deliberate and well regulated alteration in the mode
and forms of adminlfteriug juftice, which a conviction
of the exifting evils, in the manner of that adminif-
tratirm, mutt appear to demand. The point refolved
Veil* into this fimple qneflion : were there evils in
the adminiftration of jullice in Scotland, and were
they of a nature, as loudly to call for a remedy ?
From the numerous inquiries he had made, from
the great and valuable itifoimation he had thought
it his duty to feek, and which, from men eminent
in talents, and verfed in the principles of the
Sc ottifh Law, he had the honour of obtaining,
it was univetfally admitted, that loch evils did exilt ;
and that it was a great and neceffary duty of legifla-
tive wifdom, to take Inch deft& into fpeedy confe-
deration, for the purpofe of providing a fuitable and
appropriate reme:ly. But he wifhed not to be under-
flood as meaning any thing invidioufly, or that in the
evils to which he. alluded, there was the flighteft in-
tention of cafting an unjull and unmerited afperflon
on thofe refpctied chaniders who filled the judicial
feat in Scotland. The evils which he propofed to
correit, alone from the Conititution, or rather from
the mode in which they were forced by the law, as it
then flood, to adminifter juflice to the various fnitors
in the different Courts. The firft objeetion which
he ftlt flrongly to operate on his mind, was the
number of Judei.s who compiled the Court of
Selli,r in Scotland. To this number, amounting
to fifteen, ail caofes were referred ; and, in the
decision of the caufes, each ind:vidual Judge was
obliged to give his opinion, fitiatior. A cholas-
fiance, hich was no inconfidetable lance of delay
and prnt:aCtion. In this country, where the fir. ng
and falotary principle of relponfibility operates on
every perfon intrufted with that feiious and digni-
fied office, where, in the exercile of his judicial duties,
mutt, on every occafion, prepare for the obferva-
tion of a Met, vigilant, and learned bar, and
through that bar, for the difcuffion of an enlightened
and jealous public, the benefits of fuch afeeling of
relponlibility are every day found in the propriety of
the decifiuns, and in the integrity and jullice with
which the judicial charaCter is lupported. This prin-
ciple of reiponfibility, fo important in its effetts, and
faltioary ;o its conftquences, derives its greateft im-
putt:: front the divifi ins of our Courts of Jultice.--
Each lodge is interetled in the refult t f every cafe ;
he weighs the nature of his duties, and though he be
furrounded by his fellow Judges, he feels on the cc-
cation, as if his own character was folcly involvcd.—

But in Scotland the cafe is widely different. There•
the number precludes any individual feeling of re-
fpontibility ; the force of the check, which in this
country exitts, i, th.tre entirely weakened; where fif-
teen are called to deci..te. a diverfity of opinion mull
he naturally expefled, and in that difference of opi-
nion, it is impotiihle to afcerrain what is, or what is
not, the law of the cafe. The principle of refpon-
fibility has a more extenfive operation t it actuates
all who are induced to introduce the merits of thole
whom they with to fee pimurded to the Judicial
Bench. In England, the value of the recommenda-
tion is quickly appreciated ; fcarcely a week elapfes,
from the o.me cf his appointment, when the Judge is
called upon to fulfil the duties of Ms new acquired
Elation, and to give the public the opportunity of de
cirling, whether the feleetion has been properly made ;
and if not, it provides them with the means of ana-
lyting the motives which led to loch a recommenda-
tion. But under the tyftem in Scotland, it is not
capable of forming a correa etiimate of the merits
and demerits of each individual promoted to that ele•
limed office, nor therefore can dude beneficial conk-

quences be e::palcd, which, in all fituations of li!:,

tallow from a full convklion, that the public and the
country ale vigilantly employed in examining into the
tefult of public exertions, and the fprings of ofreial
purluits. To filch difadvantages, the prefetit fyftem in
Scotland is not limited, nor are there the only evils in-
cidental to fo large a numher ft; t ing as Judges. It was
a remark of a Learned judge (Lord Swinton) !hat
the-4h ir. the other tranfaelion of life, the greater the
number employed. for the perfirmance of any fpecific
purpofe, the more the labour would be fubdivided,

and.c-ntequently the talk on each individual would
be lighter ; this conchilion, to correet in every other
tefpeCt, is direly contrary to that which the organi-

zation of the judicial feat in Scotland affords. Prom
its conllitution, the more the number of Judges is
indented, the greater will be the lehour of each ;
and for this obvious reafon, that the dectaons of the
Court are not founded on the dire& matter of fat%
. •
or a sews yore evidence, but on general pleadings
and tellimony taken by Conimiffion, and on which
every judge mull feparately give his opinit-n. To
remedy this inconvenience, and- to provide againll
its recurrence, two methods piers themtelves on the
confideration of the Houle ; either that the number
of the Judges in the Court i f Sfflitin fhou!d be di-
minifiwd, or that the Court he divided into diftinet
Chambers, finrilar to the Cron; of King's Bench
and Common Pleas in this part of the empire.
About twenty years ago, a maion was fubmitted to
the Legiflature, for the purpofe of diroinillting the
number of the Scotch Judges, on the very grounds
of the :nconvenience alluded to. It was rejeaed,
from being univerfally unacceptable thr:.ughout Scot-
land ; and with every principle of jnOice, hecaufe
the number of the Judges was a conititutional right;
guaranteed by the union between the two countries.
The other method of amendment, was the divifion
of the Court of Salon into Chambers of concurrent
and co-ordinate jurifdietion. What has been proved
from fuch a divifion in this country, might certainly,
without any reference to technical forms, be fairly
concluded. to produce equal advantage, if applied,
under proper circumflanccs, to Scotland, It is a
painful affertion, but not more painful than true, that
there is in that part of the country, an utter want of
confidence in the luitors of the Court of Seflion. Such
a feeling might probably ati!e from their being con-
fined to one Court, and not having the benefit of
choice, in the fame manner as the !diots in the
Courts of England. Whatever may be the opinion
on the canfe, the effeas were fully and unanfwerably
exhibited by the number of Scotch Appeals 'n the
table of the Honfe. A number, which it was aerially
impodible for this Houle to get through, confinent
with its various other neceffary duties. Indeed, when
the exertions, which had already been made, were
confidered, nod the great art ear which remained,
netwithllanding Inch exertion:, the Houle may be
fairly lAd to he bankrupt with reipeel to Inch caufes,
it having got aelually to the end of its means. With
refpeet to the divifion of the Court of Seflion into
Chambers, it was to be recolleaed, that it was not al-
Court of Seilion was grafted on the Parliament of Paris.
A difference of opinion has exifled relative to the pro-
priety of dividing it into two or three Chambers. In
the former divifion, the two Chambers would confitt,
one cf eight, and the other of feven judges. This
would certainly diminifh the evil arising from the
great number, but not in the degree that the Legifla
cure flintild approve, when providing an appropriate
remedy ! The divition into tine Chambers,in which
five Judges fhould fir, would be moll calculated to
anfwer every end of legiflative inquiry, and to corral
the vicious effee9s of the preterit organization. The
emulation of thefe refpeaive Chambers, the choice
which the Suitors would be enabled to indulge, the
celerity of decition, fit neceffary a part cf the admini(-
tr t ion of jullice, would all tend to produce the moil de-
&able referm, and to prevent that preffure of Appeal
Caufes, which, under the prelent fyflem, have, and
mull be lfill expected to accumulate. The next head
to which the prefent bell referred, was the introduetion
of the trial by jury, in certain &fined and expreffed
cafes. It was nor from the partiality of an Englitt.man,
in ettimating the great and unlimited bleffings of that
invaluable privilege, that he was induced to make that
meafure a part of his plan of regulation. He recom-
mended it on the immutable principles of jullice, on
the convielion of fair and logical reafoning ; and he
recommended is to a country which was acquainted
with its merits, in criminal cafes, as well as thofe of
revenue. It was not the intention of the prefent bill
to extend to the rights of landed property. In Scot-
land, they were mofily quellions of law, and could be
belt decided upon by the Judges. Its objea would
folely embrace perfonal rights and mercantile tranfac•
tions. In a Court fo conlin wed as the Court of Senion,
it was impoflible that where fuel; a number of judges,
or the majority of them, were called on t ) decide on
the law and the fait, the fuitors would reit fatisfied

with a decifinn procured under filch difcouraging
circumstances; and., therefore, an 'application to the
ultimate jurifd:dion of the Houfe was almoll ufually
fixed on. The evidence, by commillion, was alfo a
cofinm, which, in his opinion, and by the operation
of his Bill, fhould give way to viva voce tettimony.
The manner in which the pleadings were, at prefent,
prepared, and the mode in which the teftimony was
received, were, in theiroperation, produdive of con.
fufion. The Judges, employed in the perufal of a
variety of fimilar documents, were often obliged to
come to a decifion, .with the impreflion of what they
had previoufly read confiderably weakened, by having
their attention directed to tome voluminous pleadings,
more recently fubmitted to their confideration. The
third alteraion, which he had to propofe, was the
neciffity of 'Come intermediate Court of Appeal ;
and previeufly to the sonlideration of that propofal,
he v..ifhed to imprefs on their Lordfhips, the pro.
priety cf. putting an end to appeals, upon_ inter-
locutory lodgments ; and limiting them totally to
final. How the Court of Intermediate Appeal
fhould be eonflituted, was a matter of confidera.
ble importance and circumfpeCtion: Some very
able aud learned characters have been of opinion,
that the formationof any new chamber, to which the
Court of Seffion may be fuppofed to be fubordinate,
would he a violation of the Al of Union. To this
chnclufron, there are throng objedions ; the Aa of
Union, and the various provilions with refired to the
adminidration cf jullice, were left open to future re•
gulation, where that regulation was abfolutely want-
ing, and where the exercife of the right of revilion
was fully and completly jufhified. Under fuch im-
preilions, the heredirable jurifdidions were abolithed;
and in the reign of George 1. the Court of Set ion was
altered by the vote of Parliament having pot an end
to the oqice of the L ,rds Extraordinary. Thus, al-
though the power of relorlatit,g with a view to the bet-
I ter atiminiii ation o! j till ice ha, been ettablifhed as the
right of Parliament ; yet, in conflituting the interne-
dive Court of Appeal, it hid been his with to adhere
Ilr idly to the letter and 1'1)114 of the Articles of Union.
A judge from each of the other three Chambers,
with the Lord Chief Baron of the Exchequer, whom
it is propoted to 'Make a Lord of Seffion, and to re-
peal the Aet of George 1. fur the abolifhing of the
Lords Extraordinary, to fer as the permiffion to his
Majetly •to create one, would conthrute a Fourth
Chamber, calculated to take a full revifion of the
proceedings of the (Mier Courts ; and to anfwer all the
necefl'ary and beneficial purpofes of an intermediate
Court of Appeal. No prohibition was intended by
the Bill, againit the right of the Judge, againit whole
decifion the appeal was made, to fit in that Chamber.
—ln fume ca!es it might be ferviceable, but it was
deemed more advifable to leave it, on all occafions,
to his feelings. The Noble Lord concluded his able
and perfpicirous flatement, by calling on the Houfe
not to confider the prefent meafure as that of any
individual or individuals in the Houfe ; but trolled:
that both in the general outline, and the more need.
Cary detail,it would receive all the affiance, ftrength,
and matured wifdom, which the fuggetlions of their
Lordfliips individually, and the legiflative wifdom of
the Houfe, were fo powerfully enabled to communi.
cate. The time for its fecond reading he propofed
for that day three weeks ; an interval in which the
meafure could obtain that great public difculfion
which wr:uld materially affift its progrefs through
Parliament, and its acceptance throughout that part
of the country for which it was intended. He then
moved, That the Bill, entitled " An At for the
better regulating the Adminiftration of Juftice in
, Scotland," be read a firft time.

The Duke of MONTROSE thought it would be
advi!able that the fubjeet fhould be made the objeZt
of two ditlinet bills. Some Nable Lords might per-
haps like himfelf be of opinion, that advantages would
Teti& from the divifion of the Court into different
Chambers, who fill might differ widely as to the ne-
ceflity of a Court of Review, or the propriety of
introducing the trial by Jury.
Lord ELDON fully agreed with the Noble Baron
who introduced the Bill, as to the neceffity of fome
change in the judicature of Scotland. It was a ne-
ceffity flrongly impreffed upon his mind by long
experience and much refleaion. He profeffed his
readinefs to give, the Noble Baron every afEßance in
his power.
Lord HAWKESBURY expreffed his concur.
rence in the principle of the Bill, and faid, that it was
a tubjeet which had occupied his attention when he
filled the office of Secretary of State for the Home
Department.
Lord E LLENBO ROUGH derived the higheft fa.
tisfafliun from the liberal manner in which the quel-
-1 tion had been difctiffed. His Lordfhip expatiated
with his habitual energy upon the ineßimable advan-
tages of the pradice of Thal by Jury, and obferved
emphatically, that be could not conceive that any
people could be fo curled with judicial blindnefs, as
to reject a boon of to precious a nature.
The Earl of SUFFOLK fuggefted the propriety
of making fame addition to the talaries of the Lords
of Setfion.
The LORD CHANCELLOR approved highly
of the principle of the Bill ; and obferved, that if
fomething were not done to put an end to the accu-
mulated and accumulating appeals from Scotland, it
would be impoffible for that Houfe to render jullice
to the fubjett.
In reply to a fuggellicm of Lord Eldon's, about
poltponing the fecund reading to that day month,
Lord GRENVILLE faid that he was particularly
anxious to get the Bill through the Houfe before
Eatter ; and that it would perhaps anfwer the Noble
Baron's purpofe as well, if the fecond reading were
to take place at the time he propofed, and the Bill
be committed nn that day week.
After fome few obfervations in explanation from
Lord Eldon, the Bill was read a fart time.
The other Bills on the table were pallid in their
refpeetive naps, and the Houle adjourned till to-
morrow, Vane over,