Star.
London, England, 1828-03-01 00:00:00

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a

ti

he

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el:

tug-
!d to
ve s
He
tche-
uris.
sett
he
miry
than
there
ought
ht be
arned
would

'would be introduced to render responsible persons who
made false representations of character; and anc•ti et
Bill would have for its end a just arrangement of the
question of o Variances," which had been so fully re-
mai ked upon by his Honourable and Learned Filmed..
lie belitved. also, that there WAS in co.itemplati-n a
measure of a healing and quieting nature, whiCh
would render it no longer necessary to go hack to the
time when King Richard w ent to the I-1•4 Land to
prove a prescriptive right to property—(Hear, hear).
It must be confessed, that at present the law upon that
point was sufficiently vexatious, and the measure would
bring down to a reasonable per end theme rights which at
present mere greatly in want of harmony—(Hear).—
He had then made all the observations and statesneris
upon the propositiou and speech cf his Honourable and
Learned Friend which appeared to him to be necessary:
He might seem to his Honourable Friend to be too
lukewarm in the cause of alteration; but this he would
.ay with perfect sincerity, that if his Honourable and
earned Friend was inclined to receive his endeavours
s a fellow-labouter in the same vineyard, he should find.
im neither dilatory nor idle—(Hear).—Always taking
he most unbounded care to preserve sacred and untouched
he roots and stem of that vine, under which the coon.
ry had so happily and so long fl)urished,.and uncle;
hose shade their ancestors who had planted it. bad
o long slept with honour and renown, he should not,
found unwilling to use the pruning-knife when-
ver decay or a change of circumstances rendered it
e-irablv. He was decidedly friendly to the intro
•iction, of those modific.tions and alseratians which
' e lapse of time had rendered necessary, but he could
ever consent to hew down rashly those great insti-
ll i ns which had been the source and protectors of
,iteet ty and of property—((-lear, hear). With-that under-
standing, he concurred most cordially with the propo-
tition of his Hon.. and Learned Friend los the appoint-
ent of a Commission, the denies of tkat Consurission.
being limited and defined—(Hear, hear, hear).
Mr. GEORGE LA MI3 said he ve43 scot.), to hear the
Solicitor-General accuse his lion. F ieod e.f ill treating
the Justices of Peace; nothing could be more injuti us
to the improvement of any public body-, than that sole-
ness which was felt when any defect waa mentioned.
He did not undervalue their si rvices, nor agree with his
Honourable Friend in his condemnation of the mode

nmis-

ion to
I just
h the
honk!
Lid he

me in
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Caott
n one
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ht the
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could
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ations

:ently
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t Bar.•
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r they
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of the
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with-
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he sta-
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many

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se af
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having
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be the
be had
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stotber.
to the.
its its

lilt :the

of their appointment. He thought the Lord Lieu,
tenant of the County, from his hoc iI knowledge,
• ust be better qualified to recommend proper par-
rns, than either the Chancellor or the Secretary
if Sate. He hoped the Game Laws would soon
.e repealed; but still feared a . bias would remain
in the minds of the Magistrates, as if a person were
onvictcd of any offence before them, and a whisper
eached the Bench that he was a poacher, the highest
.unishment was sure to be ii.flicted. • The great objet-.
ion to the present system was, that Magistrates, from
heir local residence, had local prejudices, and it was
oo difficult to obtain redress for any abuse of power,
Ither by criminal or civil process. His opinion, on the
object of imprisonment for debt was, that in action for
•ebt there should be no remedy against the person, but
that the remedy against property should he made the
most complete possible. The Solicitor General had said,
that any alteration in the law of evidence should be, made
he subject of separate legislation. In Chancery every
an was allowed to state his case on oath in his answer. In
he Coins of Law the practice was often absurd; a 'c-
ease was given in the face of the Corm which made thik
iti.ess,competent who was not so before. • He thought
he partieweight be allowed to give evidence in their own
causes, if theydid it voluntarily. On the law of perjury
e rule- Of law was, that there must be two witnesses
calsrinte as Ocre Ytaa'arsa oasis op the other. side ; but
e eels ,was not made, general, and in other causes
oath ,was
-.4- ono- witness was sufficient to convict
gainst tbe,oaths of eveir fifty. Liwyers were so fond,
(this rule, that they applied it to treasonort,it.was to.
presumed the person accused had taken the oath of
Ilegiance.. II the oath of a single witness should con-
ict in other cases, why alit in perjury, ? A question
ight arise, would this deter witneums.llool giving ev
trice ? Did any honest man, whensoing to give evi.
Wee, ask himself whether he could be contradicted by
Ue or two witnesses? Not so, however, with him who
ent into Court to commit perjury ; he made his calcu-
tion, and acted accordingly. jle was glad, however,
• it the whole subject was likely to be taken into con-
ider atinn.
The ATTORNAT,PFINUAL.seid, that he agreed
ith so4e. of theisuggestiossi:which had been made by.
's Hon..and Learned FrieestllMr. Brougham); and he
ad no objection to a Commission, limited in the man-
er which had been pointed out by his Honourable and
earned Colleague: With one remark made by his
ion. and Learned . Friend he; entirely concurred.. He
• greed that there did .exist an overwhelmiug,quantity
if business in the CoOrt• of King's Bench,
:while the
Learned Judges were compelled, to employ their time
on matters unworthy of their great talents. At present
important points were reserved to be heard before three
of the Judges of that Court in Chambers, while the
Chief Jastice, in whose' abtence no important point of
aw could be decided,
,was occupied with Prim
'iusiness. He agreed that such a state of things was a
,rievance, and perhaps the only way of remedying it
as by the appointment of a fifth Judge. Such a state
things had arisen from the great inzrease of business.
n the time of Lord Mansfield there used to be almost
/00 causes upon the paper; in that of Lord Lord Ellen-
ioiough there were about 400; at present there were,
enerally from 600 to 800. ,It was a solecism and con•
radiction in the law that three Judges should be called .
pon to do that which in reality the four Judges only
: ould discharge. As he concurred in almost revery
ing that had fallen from hit Honourable and Learned
riend with respect to the Court of Exchequer,
e would not trouble the House with any remarks
upon that part of the subject. With respect to the
Court of Common Pleas, he thought it would be
advisable to throw it open in. many respects; but it
did appear to him that it would be unjust to deprive
the Learned Sergeants of the privileges they enjoyed,
and therefore be could not agree to that propositiori.
It was true that the Crown conferred the distinction
of Sergeant, but it was not given in the same way
that its other favours were to the profession, of which
he wax ad lambic member ; and although he had
been so,fottunate. as to receive distinction from the
Crown, he could not therefore comet to deprive his
brethren of that source of distinction. To party put--
poses it was unknown, and it was beneficial to the me-
ritorious.-4 Hear, he.ar}..He was.ccrtaioly astonished art
much which bad fallen from his Honourable a. •
Learned Friend with respect.to the Privy Council.—
The great inci ease of our Colonies, and the naturally
*ncreasing complexity of the litigation arising from
that circumstance,, had hrOulltin with it much 11R9"
business than the privy Cciuncil had formerly-10
entertain. Thst was the simple fact ; but be never
could admit that thy construction of that Curt was
inefficient, while the, Master of the Rolls, LAO tow 1.
and his Right Hon. Friend. the Duo. of .Arches Yd."
among the Judges. The Master of the Bolin feces hi,

office, presided ; and although he only did so through

. .. .
custom, that did not appear to him any reason why the
practice should be altered. From the Ptivy Council
his Hon. and Learned Friend went at once to the

'ustices and Quarter Sessions. His Hon. and Learned

Friend had opened an immense field—he had thrown
open Burn's Justice ; but he skould not follow him,
because the subject was not one which could with pro-
priety be delegated to a Commission. It might be a fit
subject for a Bill, for some precise measures, but it
ought not to be committed to a Commission. As his
Hon. and Learned Friend had alluded to the official

conduct of the late Chancellor, and considered the de-
termination which that Noble and Learned Lerd had
come to with respect to not striking Magistrates
out of the Commissions, he would inform the House
what had led that Noble Lord to act as he had done.

Shortly after the late Chancellor received the seals, re-
presentations were made to him, supported by affidavits,
of the misconduct of a Magistrate. The Magistrate so
accused not.only afterwards established his own inno-
cence. but convicted the parties who had brought the
false charges against him. And it was upon that that
the Noble Lord came to the resolution never to strike a

Magistrate out of the commission until he had been
convicted of an offence. The law was open to the
injured party, and it was impossible for any Chancellor
to adopt a more judicious or a more wise and consti•
tuitional course than Lord Eldon had done—(Hear).
But besides that, there was another consideration which
tendered it advisable the Chancellor should not strike

a Magistrate out of the commission. If such were
the practice,. party feelings might interfere with the ap•
.poiutmerit of. the Justices, and surely that was a thing
which ought to be avoided.—(Hear.)—With respect to
the licensing' system, he certainly looked upon the pub-
licahras the vassals of the brewers ; but still that did
not make it a fit subject to refer to a Commission. It
was a, point wLlch, in his opinion, ought to be dealt with
by some distinct proposition from some Member of the
House, and perhaps a country Gentleman would be
mo t equal to the task. ffs Honourable and Learned
Friend had at the outset of his speech declared it to be
his int:nt'on not to touch upon the subject of real pro-
perty, but he bad not adhered to that plan. His Ho-
nourable and Learned Friend had said that he would

abolish Trusts—entirely abolish them. Such a thing
was impracticable. A more visionary idea had never
entered into the head of any one at all acquainted
with the subject. If it were possible to devise a
scheme to abolish the occasion of Trusts, then indeed

Trusts them elves might be abolished ; but until that
could be effected, it was impossible it could be done.
HHis Hon. Friend had said too that he would abolish

Contingent Remainders. It was very easy to say such
things, but until his Hon. and Learned Friend became
possessed of more ingenuity than had hitherto fallen to
the lot of man, it would be impossible for him to do so,
without occasioning incalculable. mischief. Surely his
Hon. and Learned Friend did not mean to say, that he
would compel every man to make his will in a particular
way, and if he did not do so, how was it possible to pre-
vent those questions which would necessarily arise ?
It sometimes happened that an orator, in making a
very long speech, forgot as he proceeded that he had
• • •
,already said that which, in his love of new matter, he
went in search of. That had been the case with his Hon.
and Learned Friend, when he went in search of a
Court of Arbitrationa place where parties might
n set, and through the mediUm of an impedance, ar-
range 'their differences, and shake hands. Such an in-
,titation wee already in existence, and it was authorised
•by an Act of King William. But he should perhaps
'be told, that what his Hon. and Learned Friend wanted
was a,compulsory Court of Arbitration; and if he were
it told so, his reply would be, that it was a measure to
which the people of England would .never submit.—
By whom was the Judge of this Utopian Court of
Arbitration to be appointed ? By the King ? And
it that were the case, was it to be believed that the
people of this country would submit to being de-
prived et one of the greatest blessings the Constitu-
don gave, and quietly be dragged into this Court
of Arbitration, where the Judge should say, " I will,
without your consent, strangle and put to death your
claims, without allowing you any appeal whatever?"
Such a proceeding could never be endured—(Elear)H
His Ilion. and Learned Friend had alluded to Frees and
Recovery, and seemed to think that that part of the'
present law might very easily be entirely altered for the
better, Further investigation of.the subject,, however,
would .convince his Hon. :and Learned, Friend that
he was wrong. Lord Feldon,..while , he. was in.officeo
bed -effected considerable improvement. He had
shortened the process, and not compelled:the outlay of,
money to the prejudice, of the party. He did not
say that he would oppose. au adequate. substitute to the,
{present system ; but until something of that sort was
brought forward he could not. consent to the abolition
of the present one. In the Irma' ks he had made, and
which he should make, it was not his object. to find,
fault. He assured Iles Houourable and Learaed Friend/
that he came to the discussion of the subject with a,
real wish to investigate it fairly, and to adopt all the.
suggestions which could be deemed beneficial. He then
came to the Common Law. It was curious to remark
that only about forty years had elapsed since Lord
Mansfield had been admired and commended by all
the ablest lawyers of his time, for the introduction of
that very system of special pleading which his Hoo. and
Learned Farm.' was now so anxious to aholish—t Hear.)
His Hon. and Learned , Friend. objected .to the many
counts becau,e. they did. not set forth the partict4ars ;
but that deficiency was .very easily supplied by taking
out a Judge:s. bill of particulate, which cost 6s. Sdp
And it would be bound that the present system was less
expensive and troublesome than that advocated by his
Honourable and Learned Friend. Upon the rules of
evidence he would say nothing, because he entirely
agreed with all that had fallen from his Honourable and
Learned Colleague. His Honourable and Leat ned
Friend had proposedthat simple contract debts should
fall upon estates in tail, and Sir Samuel Romiltly had
proposed a similar alteration of the law ; but it had been
thought by more experienced persons, and he agreed
irt.the opinion, that it would be injurious. With respect
to paying money into it, his Honourable, and Learned
Friend had said he would not be cement with throw-
ing the .privilege open to the public in general merely
as to actions commenced' • for, positive and fixed
amounts; but that it should he in the power of any
defendant—,whether. in a cause of libel, slander,,,
qr
any thing else, to pay a sum into Court in com-
pensation,
,and if, after that, the plaintiff proceeded
to trial and the damages given were less than the
sum paid into the, Court, then the plaintiff should be
subject to the costs.. To such a proposition as that he
could never consent. It would iiiiffict the grossest in-
How Jelatalf netions were there for a libel, for
assault, and a variety of other injuries sustained, which
were carried on by the plaintiff as much and more
for the public vindication cf his character than they
were for the sake of damages?—(Hear, hear). If the
proposition of hisz Honourable and Learned Friend
should be adopted, flay persons might grossly insole

another, although he only committed It slight assault,
and bribe payment of five or tell pounds into Court,
deprive the injured party of the power of I üblicly
vindicating his character and exposing the defendant--
(llrai). Notvonstanding the objections hr had made
to the plans of his 11;,i. and Learned Ft iend, he agreed
with him en.iirly on many most important pointts,
and to a limited Commission he had no objection.—
He had bestowed no small degree of labour in ex-
amining the speech of his Hon. and Learned Friend, and
if he had not touched upon all the subjects it embraced,
he had purposely avoided doing so, because he felt that
that they had been most ably reviewed by his Hon. and
Learned Colleagues—(Hear, heat).
Mr. FERGUSON, with reference to the law of arrest,
observed, that he knew not whether it was a point to be
considered by the proposed Commission, but as it was
one of the greatest importance, he trusted it would. In
many countries the law of arrest was confined to secu-
rities, and not to common debt. Monstrous cases of

hardship had frequently and do frequently occur in this
country incases of arrest, and he knew of nu Acts which

more required revision. The next points which met
the Hon. Member's attention were the laws of plea 4•
ings, the, laws of evidence, and the proceedings in the
Court of Chancery. They were points decidedly fit to
be sent to a Commission. With respect to are three
Courts of Law, they ought to be assimilated to appeals
from either, but all equal in power. Great reform was
also necessary in the Privy Council.
Mr. Secretary PEEL said, it might perhaps be, some
advantage in that stage of the debate, ►f they were riot
to diverge into topics which, how ever impwtans in them-
selves, had ro immediate or necessary connection with
the seject under consider 'don. With that view he
should endeavour shortly to state to the House, what

was the precise bearing of that advice which Govern-
ment was prepared to offer to the Crown upon this sub-
ject. When first brought under, the consideration af the

House a short time back, lie understood from the speech

of the Hon. and Learned Gentleman (Mr. Brougham,
that it was meant rather to be explanatory of his general
views, than as indicating any pricise course which he
judged necessary to be pursued. Tire Hon. and Learned
Gentleman upon that occasion concluded with the fol-
lowing motion :—(Here the:Right Hon. Gent. read the
motion with which Mr. Brougham concluded his speech
this day fortnight)—He confessed it-appeared to him that
it would be more consistent with the object which the
Hoe, and Learned Gentleman professed to have in .view,
if those points were to be cleanly and distinctly men-
tioned, which it was desirable should be developed in
the course of the proposed inquiry. - The Hon. and
Learned dentleman himself declared it to be his inten-
tion to exclude from the investigation •atious matters
which in themselves were of considerable importance.
la the fit st place, the Hon. and Learned Gentleman
proposed to except from the objects of inquiry the Courts.
of Equity. Their. Commercial Code, highly important
in itself, was another branch, of the law which he pro-
posed to excluie ; and the third was the Criminal Law.
In resolving not to embrace the Criminal Law within
the scope of his motion, it seemed to him that the Hon..,
and Learned Gentleman acted on a wise and very just I
principle, because, had the Criminal Law been includedml
it might have produced false impressions on the public
Mind which might be productive of inconvenience. ha
making the last exception, the Hon. and Learned Gen-,
denims took occasion to. express a hope that it was toot
his (Mr. Peel's) intention to abandon those objects con.
fleeted with the improvement of their Criminal Juris-
prudence, to. which, for the last four or"live years, hen,
bad directed much of his attention.. He could assure
the Hon. and Learned Gentleman that it was pot his
intention to abandon those objects,
.and that he was de-
termined to pursue the subject still, with a. view to any
further improvements which it might be found practi-
cable and expedient to introduce. Separate measures
were in preparatioa in reference to offences connected
with the person, and the Bills would be ready in the
course of the present Session. lie had directed his
Inquiries to other branches of the Criminal Law, into
Which he conceived that some alteration might be in-
troduced with advantage to the public.—Already the
laws relating to Juries had been consolidated, and the
whole included in one statute. The laws regarding
offences against property had also been consolidated,
in a second Act ; and those regarding malicious
'injuries, to property in a third.—There remained
attil two impudent branches of their Criminal Law
to be digeste,cks and, arranged, , as had been done
with respect, toJuries, and ioffe ices again,st. property.,
41e meant the laws which had iefeiencfs. to offence*
against the person, which were not yet in a &Mei
of sufficieet preparation to be submitted to the'
House in a consolidated form, and the laws relating to
forgery. To the last subject his attention should, in an
probability, be directed. first. Complaints bad been made
of the great and increasing Walk J the Statute Book,
and the incooeessiencespioduced by an over indulgence
'in legislinieo. Me re.ultcof those labours which
'hitherto he had the pleasure of submitting rle,the House,
'were not, be trusted, liable to that objection kthey tended
rather, to diminish very considerably the bulk of the
Statute Book than to augment it, for in three instances
a vast number of laws had been compressed within the
narrow compass of a single Act. Perhaps it would
aff-rd some remedy for the inconvenience com-
I (shined of, if the Statutes were to be reprints ,
leaving out all those pants of the -Criminal Law which
had been repealed. This would tend to reduce, the
bulk very materially. The H. n. Gentleman who spoke
last (Mr. Ferguson), though be went at some length
into the subject, seemed to have no wish to embrace,
within the inquis y of the Commission, the state of the
law as relating to their foreign possessions. He pet-
tectly agreed with the Hop. Gentleman, that the subject
won not be a fit one to come under the consideration
a irc
the ommission, in connection with the other topics
to be submitted to them. Their inquiry, to be pro-
ductive of advantage, must be directed to objects on
which there were means of procuring all the necessary
information. With this view, he must say, he much
doubted whether it was prudent to confine the motion to
the appointment of only one Commission.. The matters
they must have to consider would, jahis.rapinion,be much
too various, and.too important to be all embraced by a
single Commission. So much, advantage was derived
'trona confining the attention of a Commission to some
definite object, that he much doubted whether it would
not be, better to appoint two Commissions than one,
each to, direct itself to a distiuct blanch of inqu'ry ; per-
haps also it would be better it the Members were nct
numerous.. With a number rather limited, the in
quiry.could he much more advantageously conducted.
I.Tlarce would be toufew ; ,five be.should think a pre-
' terabluoumbnrahaving one fixed.place of me:ting. It
was not necessary:that all the ,Commissioners should at
the same momeut he employed upon any one point
.connected with the inquiry. They might delegate the
investigation of particular brioches to one or .more
of their Members, It was out, perhaps, right to es
peel, nor would _it, be expedient to appoint, more
than Levi, Commissions..., One might direct its at-
tend 'n. to the practice in the higher Courts, and

the mettns which it might be expedient to adopt for
lessening both the delay and the expense of 4szucerdw........s.
ings. The other might apply itself to that branch, eg.:
law relating to the tiansfer of real property. if it shoss.sl
Ike deemed proper to inquire into it. Admitting, bow. -
ever,that these Commissions were appointed, it seeme I
.to him that it. would still be desirable hot to preclude
the Crow.p from seeking for information from ether
sources, and upon points with respect to which benefi-
cial•ehanges might be made, without the necessity of
bringing . them under the consideration of a COM-
mission.. „lie would mention, for instance, the al-
tering ol.the Terms. Such an arrangement might
be made with respect to the Easter Term as would
be a source of, gieat convenience tp the profession,
and to the public in general. In matters like this,
of minor importance, though still in themselves de-
serving of serious attention, inquiry might be made
without the expense which necessarily attended Commis-
sions. With respect to the objects .of the Commission,
it was right that .they should have tt clear and distinct
' understanding of the duties which were to devolve on
them. It would now be premature to enter into
the discussion. He should, however, suggest that
the Address to the Crown might be drawn up in words
to the following effect: g, That an humble Address be
prexpoted to his Majesty, praying that he would be
graciously pleased to take such measures as he might
judge most expedient for the purpose of inquiring into
the progress of Actions in the Superior Courts, and into
the Laws relating to the Transfer of R-al Property."--
Upon consideration of the subject, he preferred the ap-
pointment of two Commissions to the bringing in of seve-
ral Bills, without previous inquiry. There was reason to apprehend
that if Bills were brought in, not founded upon a general and com-
bined view of the subject, inconvenience might arise similar to that
Which had been found to originate front a measure brought in last
Session relative to Writs of Error. The object contemplated by
that measure was of great importance ; but still having beta drawn
up without a more general view to its bearing, inconveniences arose
which had not been previously considered. There was one part of the
Learned Gent.", (Mr. Brougham) speech on which he felt himself
called upon with some regret to set him right—he alluded to his obser-
vations on the general ante tat the, Xlaoistracy of this country, and
the mode of their appoint He could
.not conceive hi what
public officer die appoistment,.of Magistrates could be better
or more advantageously placed than the Lord Chancellor.—
Now if it was fit the appointment should rest with him, from what
better source could he derive his knowledge of the character of •
the individual, and his fitness for the office, than from some local
authority, such as the Lord Lieqtenant of the. County ? It ',mild
not be at all advisable to transfer to the Judges the appoint- •
ment of. the Magistracy, Their acquaintance in the country
was, generally speaking, limited; they reinaioed but a short
time, not at all.
n long enough to obtain sufficient local know-
ledge. He saw o reason to think that the appointment could
be transferred with any advantage to the Custos .Rotiderusg. It
was of the highest importance that one
.responsibte officer should
appoint the Magistrates, aqd derive his information with respect
to their character from some local authority. The contrary
practice prevailed in
.Ireland, and he always looked upon it as ,
a most inconvenient one. If in that country them was one .
Nobleman in each county. on whom was devolved, the same.
duties as those performed by Lords-Lieutenant of Counties here,
it would have the most beneficial effects on the Magistracy there. ,
The Honourable and Learned Gentlens-ao observed, in the,
`course of his speech, that half. the mischief atose from the acts
done not being the acts of the individual Magistrates, but of
the Bench, and from the respontibility being thus divided, Be
did net mean to say that no instances of improper conduct ever
occurred. In a number which amounted to no less than 4,500,
be could readily conceive that there might be.iodividual-instanccs of
misconduct ; but he was bound in justice to say, that there did not
exist any body of men more jealous, of misconduct in individual mein
bers,or more desirous that it should be visited with punishment when
proved: Most of those complaints which reached Lim against Ma-
gistrates in his official capacity were made by members of the. same
body, who always seemed anxious to have any misconduct pu-
nisbed. The great subject of complaint was .the licensing system-
If any better system could be devised than the pies. nt, he should
be most ready to OTC the sublect every attention in kis power.—
If the duty of licensing could be devolved more a,:vantageouoly
upon any other authority, he could feel no desire to, oppose
such a change. They should inquire, however, before they
. pronounced a
.general seutence of condemnation. The most
important advantages were derived from the appointment of
that class of persons who new generally filled the office of
Magistrates in this country. Their duties necessarily gave
them no inconsiderable knowledge of the laws, and brought
them into frequent contact with the poorer classes of tit, tr
neighbours, to whom justice was thus administered in a muck
more satisfactory way than in any 'other that perhaps could be
devised. What substitute could be provided for the present
system.? If they were to do away with it, a large number ef
stipendiary Magistrates must be appointed. The next consideration
world be their salary, which must form a very large sum. 'The
appointment of stipendiary Magistrates was found necessary in
London and other places; but to apply this principle to the country
genera), would, as he conceived, be itnpracticable, and if
cable, would not be wise. He had been blamed by Mr. 13enthania
with whom, he believed the Honourable and Learned Gentleman
was acquainted, for allowing such a salary as 850/. to a London
stipendiary Magistrate. That Gentleman was of opinion that
Magistrates adequate to the performance of their duties might
be bad for 2001. or 3001. a yeas, like the Jaye de Purr in France—
,at most for 4001. or 5001. a year. He would put it to the house,
whether it amid be possible, at a salary so small as 2001. to
procure a sufficient number of persons to fIU the office of Ol.gio ,
trates throughout th.e country, and to discharge the duties of it in a
satisfactory way ? But suppose for a moment such a principle to
be adopted. In whom was the appointment to be vested 1—(1-lear i)
Independent of the expense, which must necessarily be considerable,
there would be a great difficulty. To vest in the Crown the ap-
pointment of so large a body of stipendiary Magistrates would, he
conceived„ be liable to great objection. I'erhaps, however, it would
be much better to vest it in the Crown than in any other authority.
It was clear enough that the appointment could not be left to •he
local authorities without producing serious evils. To leave it a matter .
of election would be still more mischievoisa; it could not fail to give
rise to continual differences and squabbles in eves y part of the coon.
try. There were some of the snanufacturiug districts, Staffordsittre
for instance, in which, Gentlemen having gradually removed
their residences to sober pans, it was difficult to hod a sufficient
number of them to di-charge the d,uties. of the Magistracy. Is
places where it became necessary-sometimes to appoint stipendiary
Magistrates, the great difficulty he felt was, that one individual was
-recommended to the t (lice by this person, and anotlur by that.
After long official communication with the Magistracy, as a
body, he came to the conclusion, that no men, taken altogether,
could adivioisted justke more purely or more satisfactorily. There
existed a conviction on the part of the public generally, and parti-
cularly among the peasantry, that they were more likely to have
justice delete them by their latullords and neighbours than by any
o'hers that could by substituted by any stipendiary Magistrate
with a salai yof five hundred pounds a year. It was, as he stated
before, the general wish of Magistrates, that when any indi-
vidual of their body transgressed, he should be punished. As
to the licensing system it was highly worthy of conaideistion,
and he should be most happy if any check could be devised
against the abuses complained of. He believed they all bad but
one object in view—that of removing whatever defect might esist
in the Administration of justice—(Fear). No Government could,
have, no Government ought to have, an object of more important •
consideration, than the impartial, speedy, amainexpensire adnainis-
tratiou of justice—(Hear). To effect such objects, however, was
not the work of a moment. Any attempt at legislation in such
matters ought to be preceded by diligent inquiry. Nothing could,
tend more effectually to defeat their object than precipitation. With
the permission of the House he should endeavour to convey, in the ,
words of the Poet, an idea of that principle by which, in his con-
temp, latioh they should he guided in the work of altering cite laws,
and institutions of the country :
owolaen, without noise,
Sou as
hylUireal gtieatls ichanged
ht t rboyy s.""u ;,
Mr. Berke as expressing, with great
raelaeltxaasclltteeendreatlions, such as those now
rise
passage
sad s ne
risingowyaossuusnprol distemperskee,
nt
night'showef
by
beauty,Cha the
medprinciple
e world',w bg
an
woposed, should proceed. It was on this principle he concurred
ho the Hon. and Learned Gentleman in thinking that inquiry
should precede legislatiou—(hear, hear).
Mr. SUDDEN said, he lookbd with some degree of
alarni at what he conceived, to be a too general desire to innovate
and alter. Laws, as it bad been often said, were not so much
made, as introduced by time. He trusted the House would not
agree to a too extensive inquiry. By appointing an extra Judge in
the Court of Faxcheatiers.be thOirgln all the Judtroal business of the
Country might be got through with sufficient-expedition.
Sir J. SC'ARLETT said, be should peter the intro-
duction of Bills to the appointment of a Commission. This was the
course followed by the Lord Chancellor Cooper, in the last great

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