Star.
London, England, 1818-02-18 00:00:00

NORTHERN CIRCUIT.

Mr. M. A. TAYLOR called the attention of the
House and of his Majesty's Ministers to a subject on
which there could be but one feeling and one opi-
nion. For no one could maintain so monstrous a
proposition, as that of excluding from the ordinary
Administration of the law the four Northern Coun-
ties. Gentlemen need not be told that Commissions
of General Gaol Delivery and Nisi Prius went twice
every year through every part of the Country, to
Wales and to Scotland, with the exception of the
Counties of Durham, Northumberland, the Town
and County of Newcastle, Westmoreland, and Curd-
berland, where they went only once. Yet those
Counties had a mass of population, trade, and wealth,
far more considerable than most of those which were
more favoured. Neither could it be said that in such
a population fewer crimes were likely to be commit-
ted. They could not plead such a happy exemp-
tion. The effect of the present system was to keep
indivi fuels In confinement before trial for ten, and
sometimes twelve months. Could this be tolerated
in a civilized country, and under a Constitution like
ours? It was true that many questions of naviga-
tion might be changed to London, and thus encum-
ber the Court of King's Bench ; but in local actions
the injury was incalculable. If a landlord com-
menced an action of ejectment against his tenant, he
might remain three years before he could obtain pos-
session. It might be said that those Counties had not
petitioned Parliament, or made any application to
the Executive Government on the subject. But from
whom was the application to come? Not from the
persons confined in gaol, who, if they applied to the
Secretary of State for the Home Department, would
be told to wait for the operation of the laws of their
country, or if they came to Parliament with their
Petitions, would have them laid on the table, and
little else done for them. Besides, had not many in-
jurious practices continued to exist for a considerable
time, and to be acknowledged injurious, before any
regular application had been made for their removal?
Had it not been the case with the delays in Appeals
in the House of Lords and in the Court of Chan-
cery, which had been long confessed to exist before
any and a weak attempt was made to remedy them?
In this age, in which our population was double,
and our wealth and commerce fourfold, we had only
the same Twelve Judges to transact the whole legal
business of the country as in the time of Elizabeth.
—He would not break this charm of the Twelve
Judges, if it were not necessary ; but their task had
grown Herculean, and all the Courts wanted relief.
The causes of London and Middlesex alone amount-
ed to at least 500, and yet there was only one Judge
at Nisi Prius, and four Judges did the business of
the whole Term. Some relief had last year been
afforded, by a Bill brought forward in this House,
to the Court of Exchequer, but that of the Old Bai-
ley was overwhelmed with business. Formerly its
Sessions used to last only from the Wednesday after-
noon to the Saturday evening, but now every one of
them lasted nearly a fortnight. The only effectual
relief must proceed from the Legislature. It had
-n hinted to him that the establishment of another
Vestminster-hall, with a criminal and civil
like that of the Court of King's Bench,
ewer the purpose which he had in view.—
an establishment would occasion a large
'id as suitors could not be forced to attend
in might be deserted, and the other not
His plan was different, and had as yet
..inunicated to no one. There was an Officer
Court of Exchequer, who might be rendered
useful by being brought forward. He
Cursitor Baron. That office was gene-
ra, instead of a pension, to persons who
tel situations abroad. It was now filled
of great abilities, both in the law and in
laron Maseres, and fully able to perform
of a Judge. He proposed that this office,
of which were now insignificant, should
ed a firm and efficient office, and that its
should be forthcoming to go on the Circuit
'Ye Old Bailey. His present salary was
rear, so that, by putting him on the footing
it would only occasion as additional ex-

pease of 3000/. per annum. He should also propose
the creation of a similar offic.e in the Court of King's
;Bench, still keeping *up the charm of the Twelve
Judges. This second Corsi= Baron should take
upon himself the whole Bail business during the
' Teem, awl should also be effective for the Old Bai-
ley and Nisi Prius The Honourable Gentleman
then repeated several statements which he had made
when the House was less fully attended on a fatter
occasion, to shew the material inconveniences and in-
jury which arose to individuals from the present
state of the Circuit in the Norshern . Counties. He
contended that the Judges irould be so much re-
lieved by the adoption of his plan, that they would
have time to hold the Assizes twice a.-year in those
Counties, and concluded by moving—" That an
humble Address be presented to his Royal Highness
the Prince Regent, praying that he be graciously
pleased to issue Commissions of Oyer and Terminer
and General Gaol Delivery, for the Counties of West-
moreland, Cumberland, Durham, Northumberland,
and the Town of Newcastle and County, twice every
year, and also Commissions of Assize and Nisi Prius,
and that this House would make good any expente
to meet the• same." •

The ATTORNEY-GENERAL did not rise to en,
ter into any discussion of the arguments which the
.Honourable Gentleman had so loosely addressed to
the House. He had expected. some motion to relieve'
the Northern Counties from the difficulties to which
.they had been described as being subjected, and if
that had been done, though he did not say he should
have assented to it, he should have thought it worth
while for the Legislature to enter into an inquiry on
the subject. He objected to the present motion, as
it would cause too sudden an alteration in the esta-
blished administration of justice, ar.d no reason had
been given to prove the elistence of any emergency
which could justify such a change. No doubt it was
in the power of the Crown to issue a Special Com-
mission, when a ground had been shewn for such a
proceeding. But that had not been done in the pre-
sent case, and as the subject had not received the
full consideration which its importance required, he
should move the previous q'uestlon.
Sir CHARLES MONCKE was astonished at the
course .adopted by the Honourable and Learned Gen-
tleman. From the. sentiments which he had expres-
sed, the House mast have expected that he would
come forward with an Amendment to the Motion,
and not proposed the previous question. The incon-
venieticies and injury described by his Honourable
Friend, really existed in the northern counties, whilst
other counties, like that of Cornwall, though equally
distant from the capital, had their Assizes twice
a year. He wished his Honourable Friend had only
proposed to extend the usual Assize Commission in
the Spring to the Northern Counties. As to the ex-
• nse, he trusted the House would not shrink from
doing justice to the country for the sake of two or
three thousand pounds, when a few days since it had
voted 400,0001. to purchase the Abolition of the
Slave Trade by Spain in two years—a vote, from
which he rejoiced he had dissented.
Lord CASTLEREAGH owned that he etas not
prepared to assent to the Motion of the Honourable
Member at present. Neither did he think that the
House could know sufficiently of the subject, to ven-
ture all at once on the address proposed. The Ho-
nourable Gentleman had opened the way in which he
thought the grievances complained of could be re-
medied, but he (Lord Castlereagh) felt totally inca-
pable to give any opinion on the subject now. If he
had moved for an inquiry into that branch of the
administration of justice, there might have been no
objection to his motion, but he had rushed at once to
what ought to have been the end, and not the com-
mencement of his proceedings.
Mr. M. A. TAYLOR explained that he only wished
to

know in what shape the House would coisider it

proper to entertain his Motion.
Mr. BROUGHAM rejoiced that all sides of the
House were agreed as to the necessity of no longer
denying justice to the four northern counties, and
the only difficulty which remained related to the
mode in which the ;notion should be brought for-
ward. He urged the propriety of withdrawing the
original one, and of immediately supplying its place
by one for a Committee'to inquire into the best means
of extending an equal portion of the administration
of justice to all parts of the Empire.
Mr. TAYLOR then withdrew the original motion,
and said, that as the new motion he intended to sub-
mit required some particularity in the wording, he
should postpone it till to-morrow.

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