Star.
London, England, 1830-06-11 00:00:00

SPIRIT OP rms JOURNALS.

CHRONICLE.—Lot night Mr. O'Connell brought before the
House a subject of great importance to Ireland—the laws under which
Parish Vestries assess Rates for the rebuilding and enlarging of
Churches and Chapels, for the repairing of the Chancel of Churthsoo
and for providing things necessary for the celebration of Inuits
Service. It is agreed on all hands that great abuses an ans.
matted under these laws, for even the Chancellor of dm in.
chequer admitted that the law required revision, and only am.
tended that it was once much worse than now. "In En la,
said Mr. O'Connell, " the mass of the population being
Protes-
tants, were not obliged to build churches; but In Ireland, where
the great mass were Catholics, they were compelled to build
churches for the Protestants. The object of the Bill for which
he was about to more, would be to place the people of Ireland on the
same footing as the people of England with respect to the building
and repairing of churcbea—that is, to place the people of hdand
under the protection of the Common Law with respect to that
subject, in the same manner as the people of England now are
protected." The Law does not, however, seem to be on the
best possible footing in England. Although new churches
in the latter country can only be built under an act of parliament;
yet too much latitude is allowed to churchwardens in ordering re-
pairs. In Scotland the matter Is much simplified by the whole of
the expence of building and repairing of churches being thrown on
the landholders, who are allowed to repair and pull down and re-
build churches, subject to the commit of the pushy (a court
composed of the clergy and elders of a district. If the
ter/
landholders refuse or delay to rebuild a decayed church, the
presbytery have the power of acting, their Judgment being
subject to the review of the supreme civil court. When those
who have so deep an interest in the expenditure have the
power of determination in the first instance, we may be
care that there will be little of that jobbing of which so many
complaints are heard in England and still more in Ireland.
Some such plan as that in operation in Scotland was, in effect, sug-
gested by Mr. Spring Rice, who observed, that " the remedies
which it appeared to him were calculated to correct the existing
evil, he had more than once stated in that House • and he had
obtained the concurrence of the Right Honourable the Secretary of
State for the Home Department in his views. The principal point
of the Bill which he should wish introduced was, in future leases to
throw the payment of the rate on the landlords ; as in the Tithe
Composition Act."
HERALD.—It is now quite clear that the Session of Parliament
will come to an end without anything effective being done in fur-
therance of that important national object, the improvement of the
administration of justice, which formed so prominent a topic in the
speech from the throne. Nothing more is beard of Mr. Brougham's
plan for administering "cheap and expeditious justice" by the ap-
pointment of District Judges, empowered to try minor cases of
debt, &c. to decide finally upon claims to the amount of 101. and
to determine actions from that sum to 1001. with a right of
appeal to the Judges of Assize. To this plan Sir Robert Peel
seemed to be decidedly favourable when it was first propounded
by the Hon. and Learned Member; but it is not unlikely that
it will share the fate of Lord Althorp's Bill, introduced some
years ago, for reforming the County Courts, and givieg them com-
petent Judges, with a power of adjudicating upon those small
claims, the expense of suing for which in the superior Courts gene.
rally amounts to three or four times mare than the SUM recovered,
so that the suitor is sure to be a loser by the decision in his fa-
vour ! The consequence of such a system is, that many a man
prefers abandoning his just claim rather than incur the ex-
pense of vindicating his right in a Court of Law. Thus
the expences of law often operate as a denial of justice. To remedy
an evil, the operation of which is so mischievous to the community
at large, Lord Althorp, if we recollect right, proposed that the old
institution of the County Courts should be made respectable and
of by the appointment of a practising barrister in each of those
places of local jurisdiction, as assessor to the sheriff, with a salary of
5001. per annum. The appointment of the assessor was to be in-
vested, according to the bill and the committee who recommended
it, not in the crown,but in theme:or rotulorsaa of the county. This
latter provision did not meet the approbation of government. It was
suggested, in the discussion which took place on the Bill in the
House of Commons, that the Crown should have the right of ap-
pointment. On the other side, a great deal was said about the
" independence of the Bar," id the danger of Increasing the in-
fluence which the Crown already exercised in Westminster Hall.—
For our part, we do not sec how the " indrpendence of the Bar"
was involved In the question. We believe that " independence to
be one of the fictions of the law which it is politic in lawyers to
talk of, but ridiculous in the public to believe. It is not likely
that the Nobleman who sways a county, under the titles of
Lord Lieutenant and Cuatos Rotaionaa, would be actuated by
more impartiality of choice and purity of motive in exercising the
power of appointment than the Crown, by whose special favour he
is himself appointed, and on whose pleasure his dignity depends.
If Ministers so far forgot their duty to the public as to make those
appointments, not on a principle of meritorious choice, but
corrupt patronage, are not the Lords Lieutenant of counties
at least equally open to the suspicion of exercising such a
privilege more for private purposes than the public advan-
tage' But, however this may be, six years have now passed
since Lord Althorp's Bill was introduced to Parliament, on
the recommendation of a Committee to facilitate the reco-
very of small debts, and the administration of justice in this respect
still remains as slow and as expensive as it ever was. We also re-
collect that, soon after this Bill had been introduced, Government
were said to have a plan of their own to effect the same object as
Lord Althorp bad in view—namely, the more easy recovery of small
debts ; according to which plan the kingdom was to be divided into
circuits, similar to the arrangement under the Insolvent Act, with
two Barristers judicially appointed to each circuit, and to he selected
by the Crown. This project, as well as the original one, was laid aside,
and both have nearly passed into oblivion, while the administration of
justice in cases of small debt, as well as in many other respects, still
continues to be a reproach to the country, and an oppression to
the people. At the beginning of the Session, when commentin
upon the promise relative to this subject introduced into the speech
from the throne, we ventured to express a suspicion of Its barring
merely used ad aaptandum rulgus. Does the event show that we
were mistaken ? Has Sir Robert Peel or any other Minister intro-
duced any general measure to improve the administration of jus-
tice ? The demolition of the Welch judicature was determined on
.n spite of the remonstrances cf the inhabitants of the principality,
who had confidence in their own system; but the English system
:mains unaltered, although the English people have for years been
anxiously expecting its reformation.
TIMES.—The work of Government-concession in the Netherlands
has advanced more rapidly, and proceeded to greater lengths, than
zould have been lately anticipated. At the opening of the States-
General in October last, the Belgic provinces were in a state of violent
fr ment, from one end to the other. The cause of this alarming
azitation was the alleged tyranny and apprehended encroachments
at a Ministry selected from the friends of the King, in the northern
or Dutch provinces, and opposed, from religious prejudices.
party views, or national antipathies, to the ecclesiastical es.
tablishments and political interests of the south. Petitions
Were prepared in almost every parish, complaining of
grievances, and demanding redress. It is said that to these petitions
were attached more than a quarter of million of signatures. The
thief topics of complaint were the unjust distribution of places and
offices, between the inhabitants of the Dutch and Belgic provinces,—
the interference of a Protestant Government In the direction of Ca-
tholic schools and education,—the severe judgments passed on
persons accused of libel, and the shackles threatened to be
imposed on the freedom of the press,—the absence of a law to
make the Ministers responsible for their acts,—the severe and
unequal pressure of taxation,—and last, though not least, the ar-
bitrary imposition of the Dutch language on those parts of the
monarchy where French was generally or exclusively spoken.
'file effect of these numerous complaints and acknowledged 'griev-
ances on the popular branch of the legislature,was to excite an over-
mastering opposition to the government, and to cause a temporary
refusal of rite supplies. The Belgic Deputies, almost to a man,
apposed the budget, and converted the States-General into an arena
where the representatives of the people combated each mbar, not
as individuals of different opinions, but as delegates of rival
nations. An unnatural union wan formed between liberals and
oigots, between devotees and infidels, to oppose the King's Dutch
servants ; and the work of amalgamation between the diffnent pew-
.ince4, which the judicious and excellent monarch of the Netherlands
!lad ben endeavouring to accomplish for 15 years, suddenly arrested.
it was then that his Majesty saw his danger, and that prudent con.
cession began. The budget was presented in a modified shape
,with the most obnoxious taxes commuted foe imposts less ob.
jectionable,) and passed nearly unanimously. A Belgian Minister
or two were brow ht into the Cabinet, SO as to give the interests el
'nuthern provinces their due weight in the Royal Councils. The
tic instruction, havinf been found objection.
.. committees of the States General, was with.
engagement to revise it, and present it again in
The law on the press was thrice modified by the
last to meet the views of the great majority of
' Philosophical College of Louvain, whieh was
; King to elevate the character of the Candle
on the candidates for the priesthood a owe
they could receive at the whelps' seminaries,
I sacrifice to the prejadka oldie Delp pm-
_ have coot the King the realest pang, though,
necessary of all the etineareins which be lute
Tee enforcing the general use of the Dutch or Flo-
. been abrogated or modified. Though the motive
changing the language of a pm* is justifiable
, could create greater inconvenes, or lead to
In the Sta it could not be enforced—
t be enforced.mat CAM it was notattempted to
courts of law it embanaseed every proceed.

-:~s:

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I

The southern provinces tl
project of law on public
Ale in the sections or co
drawn, under an engage
an improved form. The
Court, and made at last
the Chambers. The PI
really intended by the
Clergy, by conferring on
liberal education than tb
:141 beer abolished as a
'at); and—what must I
Perhaps, the most Dee!
made—even the decree et
mist) language, has been
for this attempt at chant
• enough, no measure cou
greater oppression. In
is society it could not 1
be execula In the c 4
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