Star.
London, England, 1830-02-19 00:00:00

Commissioners were before the House. There was also another
foirmission appointed to inquire into the ecclesiastical law. Their
r port would also be laid before the house very soon. The object
of the Bill which he was about to bring in, was to facilitate the rc
Urm co long anal so anxiously wished for. It was for the purpose of
:,..;lacing the law respecting the fees of patent officers. It was these
. .-., et offers that stood in the way of all legal reform. The bill hi
-..t about to introduce would prevent persons holding patent offices
..!•,r the passing of the act from standing in the way of any irn-
yovement which Parliament might hereafter adopt with respect to
:•e administration of the law. He thought the policy of patent
ffico was very questionable, and the time was come when they
s aebt to he discontinued. It was also his intention to abolish
, ~• Court/. of Local Jurisdiction in Wales ; but in doing so, be
• at Lot mean to desfmy some peculiarities in the Welch mode of
trec.e.'r winch were peculiarly suited to that country: He
.I.oug!:t the time had arrived when the English system of jerk-
Iwodence onelit to be introduced into Wales; and he thought
it objectionable that Welch judges should be allowed to practise at
the bar. or to have scats in Parliament; this he thought was 'neon.
si,tent with the dignity of the judicial bench. These situations
were, he feared, inconsistent with the office of judge. If Wales bad
any peculiar advantage in the mode of administering justice, be
was most willing it should remain. His object was, as much as
possible, to curtail all technicalities and unnecessary formalities.
The commissioners on legal inquiry recommended an increase
of four judges, but these were not to sit in Banco; one was
to be added to each of the Courts of Common Law ; and
%%fluid, besides other business, attend to the business of the
Welch Circuits; and by the abolition of the eight Welch judges,
there would be a saving of 9,0001 which would nearly provide for
the pay of the new Judges; and considering the necessity there
was for economy, he should propose that the new Judges, and all
hereafter to be appointed, should not receive recce than 5,0001.
a-year, and the retired allowance would also be lessened. It was
his anxious wish to simplify the law and he could not give a
stronger proof of it than by stating that, within a short time, at his
suggestion, 272 acts of parliament were repealed, and their clauses
condensed into eight sets, and he was glad to say that this had been
done without any material inconvenience. He was glad also to
have kin his power to state that the Lord Advocate would soon have
it in his power to propose a measure for improving the administra-
tion of justice in Scotland. The right hon. member concluded by
moving that aCommittee be appointed to inquire into the amount of
fees in Courts of Law.
Mr. BROUGHAM was glad to hear that the Welsh judges
were to be done away with, because it so far lessened the influence
of the executive; and there was another improvement he was glad
to hear, namely, that the number of judges in Scotland were to be
reduced, but he feared there must be an increase of their
salaries. In the changes contemplated, he hoped to see the
system of jury trials upheld in Scotland, and he ludied
it as a good symptom that so able a lawyer as Mt. Aber-
crombie had been appointed to the office of Chief Berms; and
he thought it would be a great advantage if other gentlemen
accustomed to jury trials were appointed to the Scotch bench. He
did not think that the appointment of four additional judges would
in itself be of great advantage, unless business were by compulsion
distributed among the several cours. It was a great evil that the
King`a Bench should have more business than the judges could at-
tend to whilst the Exchequer had little to do. There could be no
hardship in compelling suitors to go to particular courts, for at
sent suitors suitors hod no choice of the judges who were to try their
causes on circuit.
Mr. FERGUSSON regretted that there was no intention ex-
pressed of making a change in the constitution of the privy council.
At present that court was composed of persons totally disqualified
to give judicial decisions. With regard to the Scotch ju he
ges,
would, on quture occasion, show that they were inadequate y paid.
Ile wished to return his thanks to the right boo. secretary for this
measure, sl‘ch was one of the many Improvements in the state of
the law which bad emanated from him. Be thought it ought to be
laid down as a rule that no judicial character should ever haves seat
in Parliament, and from this rule he could not except the master of
the rolls.

Mr. HUME said the Judges in Scotland had little to do in pro.
portion to their numbers, and he not only wished to see their num-
bers reduced, but he believed their salaries need not be lnaeased—
In fact, the Scotch Barons of the Exchequer had only tried ten
causes in one year, and he should oppose any measures that would
add to the burdens of the country.
Mr. FERGUSSON explained.
The ATTORNEY-GENERAL had great doubt whether a
compulsory division of the business of the courts could be carried
into effect, but he would not then enter into a discussion of all the
topics of this debate, but merely rose to give notice that he should on
Thursday next move for leave to bring in a bill for the better admi.
;nitration of justice in England and Wales.
Mr. O'CONNELL was glad thatforemment were no longer in
hostility to improvement, but he did. not think the right hon.
craary went far enouNb. He thought the practiced all the courts
cught to be assimilated, nor could be see why a man in Cumberland
should be obliged to send up for a piece of parchment to London be-
fore he could recover a debt; nor could be understand why there
should be no local jurisdiction for the recovery of large as well as
small debts ; and he thought there should not be a turnpike-toll on'
the road to justice. He thought a new code ought to be enacted for
England, as well as had been done with success in other countries.
Mr. PEEL was sure, when the returns were before the house, it
would appear that site duties of Scotch Judges were very arduous,
and they had laborious duties to perform. With respect to the hon.
member for Clare, he was glad to hear him, since he got intoParlia-
suent, discuss several subjects with &temperance and judgment that
deserved praise—a praise higher than any he had ever received out
of the house. He (Mr. Peel) did not think it would be advisable
to enact a new code for England; such an experiment had failed in
ether countries, and led to more confusion and commentaries than
were contained in the English statute book.
Mr. O'CONNELL explained.
Leave was then given to bring in the bill.

PARLIAMENTARY REFORM.

The Marquis of BLANDFORD.-1 rise to answer
the call made on me last Session; and following
the course then suggested for my adoption by my
Right Honourable opponent the Secretary of State
for the Home Department, to offer for the consideration
of this House " a practical detailed measure :" and
first, Sir, I must preface the observations I shall have
occasion to address to you, by calling to the recollection
of this House the course pursued by me upon the occa-
sion I have referred to. I then, Sir, considered it
my duty to divide the House upon the Question
whether Parliament would or would not be pleased by a
formal resolution to recognise the existence and venality
of the close and decayed boroughs, for that really was
the whole of the question which I thought it advisable
to submit to the House, uni%er the very singular opposi-
tion I met with from the Right Hon. Secretary for the
Home Department. The venality of these boroughs is
as sure as their existence, and both are equally notorious ;
but there is a wide difference between the notoriety of such
offences, and a Parliamentary recognition of their
existence. Mere notoriety begets defiance of public
opinion and a fearless habit of offending. But if Parlia-
ment by a formal vote bad put its brand mark upon these
transactions—if by some general resolution it had stig-
matised them as crimes against the law of Parliament and
the Constitution of the country, a good foundifien would
then have been laid for the Reform of what had been
declared to be true, for the prevention of what had been
denounced as illegal. But it did not seem good to the
majority of this House to hurt the sensibilities of
the boroughmonger, by calling his trade by its proper
name, or to injure his interests by saying, that his gains
were condemned by Parliament and the Country. The
people, howeier, will speak out, though Parliament,
may chino to keep silence, or may try to impose silence
upon others. The voice of the country is not to be stifled
by a vote of this House—it will be in vain to attempt to
smother truth—not all the finesse of all the political in-
triguers, nor all the power of all the political .despots,
will be able to stem or turn aside the current
which is new setting in full and strong against
the present system of chaffering for seats in this
house. It is in vain to attempt to deck these' transactions
in all sorts of gaudy . colours, and to call theni happy
methods of introducing to public notice modest merit and
latent talent, and virtue, and patriotism, and I know not
what besides. It is in vain to rocked up the Whip and the
Tories of note, and of no note, who have contrived to bring
themselves, and their independence, into Parliament,
by these beck gates and bye-ways. The thing
retains the same character of torruptionr whe-
ther it generates the venal Statesman, or the useful
Member of Parliament ; the splendid fly that soars in