The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-11-16 00:00:00

TRIAL BY JURY.

(From the Morning Herald:)
On resuming the subject of the proposed innovation
on trial by jury, as recommended by the metropolitan
police•cOmmittee and commented upon by Mr. Sergeant
Adans in his letter to Mr. Benjamin Hawes, we may
uke the opportunity, before proceeding further with
Ille,rnain argument, to observe what a striking differ-
ence .exists between what is called " liberalism," at
iiklieritilwilibitaiiiiiindiriiiti&easigiiliatifilidel I u ELP f ar-

AlWiii7e=7-atanlW'S patriors
cherished, and which used to be considered character-
istic of liberal doctrine.
Modern liberalism is enamoured of that which ancient
patriotism most dreaded—arbitrary power. The great
promoters of a centralised system of police, the most
effective weapon that domestic tyranny ever wielded
to crush political rights and silence public opinion, as
the present condition of France abundantly testifies,
are chiefly of the liberal party. So are the most zeal-
ous of. the advocates of poor law despotism at Somer-
set House. We may instance Mr. Benjamin-Hawes
himself, the chairman of the metropolitan police corn-
tnittee. He will not consider this an accusation, for
we dare say he is proud of having it recorded that,
with the exception of those extreme liberals, Mr.
Grote and Mr. Hume, no man expressed in parliament
a more profound diniration than he did of that op-
pressive and unconstitutional law which delegates
legislative power to three individuals, and subjects
poverty to the penalties of crime. The stanch " liber-
alism" of Mr. Hawes cannot be doubted; for he was
one of the only two metropolitan members who en-
deavoured to follow up O'Connell's agitation against
the House of Lords, at a meeting in Lambeth. We
say endeavoured, for the thing proved a complete
failure ; and, from his abortive labours to demolish the
House of Lords under pretence of " reform," Mr.
Hawes took to cutting down a popular institution
rather older and not less valuable—trial by jury. We
trust that will prove an abortive enterprise also.
We stated yesterday that Sergeant Adams had re-
futed the assertion of time metropolitan police committee,
that summary conviction would tend to check crime,
by producing authentic returns, wherein it is shown
that crime has steadily increased notwithstanding
summary committals, whilst cases submitted to juries
have remained nearly stationary, or have continued to
retrogade. The learned sergeant observes that the
returns which he has adduced in evidence conclusively
show that, " if we wish either to detect and punish, or
to check and diminish crime, we must look to other
sources than the erection of summary tribunals—viz.
a vigilant police establishment, and a wholesome pri-
son discipline." Now a vigilant and efficient consta•
bulary power we by no means object to, but what we do
object to is, that the organisation and control of all
the constabulary force in Eugland (we are not fond of
foreign terms when we have as good in English) should
be in the hands of the ministers of the crown. We
are, therefore, glad to see the great corporation of
London determined on having a vigilant and efficient
constabulary force, under its own command and super-
vision, in despite of the efforts which our "liberal"
government is making to establish the exotic and
Bourbon system of "centralisation," with the view of
swamping all those ancient local institutions which
are essential to the security of our hereditary liberties.
In addition to a vigilant and efficient constabulary
force and a wholesome prison discipline, we think the
repeal of a most oppressive modern statute necessary
to check and diminish crime. We know not whether
Sergeant Adams is an advocate or opponent of the new
poor law, but we do know that the effect of that law is
to increase that class of crimes which come under the
head of " larceny," from the offence of stealing a loaf
of bread to that of sheep-stealing in rural districts.
We know that in some counties the increase of crimi-
nal business at the sessions since that cruel and impo-
litic act came into operation is as remarkable as it is
alarming, more especially- as crime had been previously
on the decrease. We also believe that the deficiency
of sound religious and moral instruction has a very
pernicious effect upon the social habits of the people.
We will, then, make an addition to the passage which
we have quoted from Sergeant Adams relative to the
checks and preventions of crime, and say that "we
must look to other sources than the erection of sum-
mary tribunals—namely, a vigilant police establish-
ment—a wholesome prison discipline—the religious
and moral education of the poor, and a repeal of the
whig poor law."
As to the effect of a wholesome prison discipline in
checking crime, Sergeant Adams states that, under
the operation of the silent system in the Coldbath-
fields House of Correction, crimes decreased in one
year from 9,893 to 7,600. The official return shows
that result, the silent system having been introduced
in the year 1833, when the larger number indicated
the state of crime, which in the followi% year was
represented by the smaller of those figures.
The metropolitan police committee state the three
following alleged causes of the increase of crime as
arguments in favour of summary tribunals:-Ist.
The delay and loss of evidence caused by the neces-
sity of -submitting the case to the consideration of the
grand jury-2nd. The chance. of escaping convic-
tion from the want of proper superintendence and
conduct of the case for the prosecution-3rd. The
production of false evidence
.for the prisoner at the
trial. In remarking upon these Sergeant Adams
says, " Assuming these to be amongst the causes of
the increase of crime—and I doubt whether they are
so to any serious extent—are the legitimate causes
for the establishment of summary tribunals in any
part of the kingdom, and, least of all, in the metropo-
litan district, where, from the frequency of gaol de-
liveries (36 annually,) the first evil has no existence ;
and the second and third, from the simplicity and
trifling nature of the cases to be withrawn from the
old tribunals, can only exist in imagination? But,
assuming them to exist, surely the want of proper
superintendence and conduct of the case for the pro-
secution is, at least, as likely to happen before a sum-
mary as before a more deliberate tribunal. And, with
respect to the production of false evidence, although it
may be true that, in some rare instances, acquittals are
obtained by fabricated testimony, does it therefore fol-
low that prisoners are to be shut out from the produc-
tion of true evidence, and our courts of criminal juris-
prudence converted into courts of pied poudre y If it is
assumed by the committee that police magistrates con-
vict upon cases imperfectly prepared, or that prisoners
have fewer facilities of bringing forward their evidence
before summary than before constitutional tribunals
(and without such an assumption, however unjust,
their arguments have no force), they should, upon all
acknowledged principles of jurisprudence, have re-
commended the abolition and not the extension of such
tribunals." Most assuredly the sergeant is right.
The very view which the committee gave of the work-
ing of summary tribunals, so as to ensure the des-
patch of business, by excluding the means of arriving
at a correct decision, is a ground for the abolition,
not the extension, of courts of summary jurisdiction.
As to the al gument upon which the committee ap-
pears to lay most stress, and which is that police jus-
tices now exercise indirectly those powers which they
want parliament to grant to them directly, we do not
think it worthy of notice, although Sergeant Adams
takes some pains to show its inconclusiveness. The
fact is the practice of bending the law by police ma-
gistra-es to obtain indirectly a jurisdiction not actually
allowed by law is a practice which can and ought to be
checked. If time power can be shown to be better for
the ends of justice than trial by jury, it must be show n
to be so by other arguments than allegation, which
only amounts to a fraud upon the law. If it cannot be
shown to be better for the ends of justice than trial by
jury, or at least as good, it should not be allowed at
all, either directly or indirectly.
Along- with the abolition of trial by jury to the ex-
tent which we have stated, the committee ask of the
legislature, without embodying it in their recommen-
dation, to have the power of summary imprisonment
extended from three to twelve months, giving the
party an appeal to time quarter sessions.
Upon this extraordinary proposition it is rightly ob-
served by the learned chairman of the Middlesex
sessions, that "the power ofilimprisonment for twelve
calendar months, accompanied by hard labour, and tie-
barring the offender during that period of the privi-
lege of speech, is a tremendous power to be lodged in
the hands of any individual upon his own mere will
and motion, and I doubt whether the public mind is
yet prepared for this advance in arbitrary power, or
whether the police magistrates would covet its posses-
sion." We will take upon us to say that the public
mind is not yet prepared for this advance in arbitrary
power, to the deprivation, upon individual judgment
or caprice, of an Englishman's liberty for a term four-
fold exceeding that for which a police magistrate can
commit a subject of the British crown at present. But,
though the public mind is not yet prepared for such a
stride towards the establishment of petty bashawism in
the police courts of England, there is great reason to
fear that if " liberalism" can "progress" for a few
years longer, as it has done of late under the auspices
of a whig government, arbitrary power will be ena-
bled to inflict such deadly injuries upon the safeguards
of the rights and liberties of Englishmen, that theplace
where the constitution stood will only be marked out
by its ruins.
It was formerly the proud boast of Englishmen that
not only was trial by jury, in the hands of the people,
a bulwark against tyranny, prejudice, and oppression,
but the judges, whose duty it is to expound the law to
juries, were themselves independent of the crown and
people. Here, independently of time primary proceed..
ing before the grand inquest on the trial, is a double
barrier to protect the interests of justice from the in-
fluence of unjust power, passion, prejudice, or revenge,
in the provisions of law which secure the fearless
integrity of judges, and the impartial selection of
juries. But Mr. Benjamin Hawes and his "liberal"
colleagues on the metropolitan police committee, would
reform all that. They would have, in place of twelve
probi et legales homines, a single police justice—they
would have, instead of judges independent of the crown
and people—or a bench of sessional magistrates
independent in their fortunes, and acting through the
inters-cotton of a jury also—a single police justice
intrdgted with the fearful power of saving, upon his
isidiVUO judament, whether a I3riksh subject
""- traa tizA:WprbitoAzTfed a felon, and subjecteto all the
ig7nOttpz, fOrfeitalre of goods, and pains and prltvalties
of—that civil deatr.
.
We have moie.to say upon the recommendations of
this metropolitnn:poliee coMmittee; but this is enough
for the preseci.

;LIVERPOOL PRICES CURRENT.
(Quote% I.as duty paid, except when mentioned in bond.)
MADDER, 4p cut. H. d. a. d.
Dutch, crop 52 0 —6O 0
Ombro 36 0 —5O 0
Gamene 20 0 —34 0
Mull
French, S.F. 36 0 —43 0
S.F.F 42 0 —45 0
E.S.F 45 0 —5O 5
E.5.F.F.52 0 —55 a
Spanish 30 0 —32 0
MOLASSES, cwt.
Trinidad, &c. 25 0 —26 0
•
Bar. & Antigua. 28 0 —29
MUNJEET, cte cwt. 12 0 —l4 0
OIL, Olive, 4y 252 galls.
Gallipoli £55 0 —56 0-
Trieste 5l 10 —52 0
Sicily 52 10 —53 10.
Malaga 52 0 —52 10.
Portugal, &c. 5l 0 - -52 0
Levant 5l 0 —53 0.
Nina, 41r tun 44 0 —44 5.
Fish, V 252 galls.
Seal, pale 34 0 —35 0
brown 28 0 —29 0
Cod 31 0 —32 0-
I.iNgRED. ar cwi.29 0 —29 6.
Rape. pale do. 43 0 —43 6
Turpen.4r cud 57 0 —5B 0'
Rica, Vela.
Carolina, dress. nominal
in bond do
Ben"al, ord. d 0.12 0 —l6 0
mid. to fine 17 0 —l9 0
African 13 0 —l5 0
Rum, 41, gallon, in bond.
Jamaica,
12 to 16 o.p 4 0 4 3
stronger 4 4 4 9
choice marks. 4 11 5 'T
SAFFLOWER, 4y cwt.
Bengal,
good SG fine C4 o—s 10
ord. &. mid
Bombay
0 15
1 5
SALTPETRE, 15, cwt.B.6. s. d.
East India 23 0 —2B 0
SouthArnerican.l4 0 —l4 6
SURLL LAC, 41, cwt. in bond. 0
orange BO 0 —126 0
liver & black —CO 0 —BO u
SgiNs,
' Neutria, 4p do:.. 7 6 —l2 0
Chinchilli, d0...20 0 —25 0
Seal, each
SIIUMAC, cur cwt.
. Sicily 12 0 —l3 C
Malaga ll 0 —ll 6
Trieste
Verona
Tyrolese
SZCAR. 41, etc&
B.P. 'Muscovado
moist brown 5O 0 —52 0
dry brown 53 0 —56 0
good St mid 57 0 —62 0
fine &v. fine 63 0 —67 0
Mauritius,
dabs & moist. 48 0 —5O 0
brown 51 0 —53 0.
- yellow 54 0 —57 0
fine yellow 5B 0 —63 0.
East India, Bengal
ord. white 61 0 —64 0
good & fine 65 0 —57 0,
extra fine 6B 0
bond 21 0 —23 Ot
Havana, do.
brown none
yellow 26 0 —29 0
white, ord 35 0 —37 0
good & fine 38 0 —4O 0
Brazil, in bond.
brown l6 0 —22 6
yellow 23 0 —25 0
white, ord... 25 0 —2B 0
good & fine. 29 0-33 0
TALLOW, cwt.
P'burgh, Y.C 56 9 —57 0
Odessa 56 6 —57 0
Archangel.. 55 0 —55 6
Buenos Ayres 52 0 —55 0
T 1.1% , Ir brl.
Stockholm l7 0 —l7 6
Archangel 16 0 —l6 6
Carolina l7 6 —lB
Virginia none
TA. RTAR, 4r tut.
C ream of Tartar 62 0 —63 P
b town 8c vel.
Tz A, V lb in bond
Mohea, Canton — 0 10
Fokein 1 2 I 11
Congou, com 1 3 1 4
mid. to fine. 1 5
'Twankay, com . I 51—
mid. to good 1 5 1 T
Pekoe, Orange . 1 8 3 6
.Campoi,
corn. to good none
Hyson Skin
mid. to fine 1 5 1 7
Souchong. corn 1 4 1 6.
good to fine 1 9 3 0
Pekoe, flowery 3 0 4 6
Hyson, cora 2 0 2 4
fine 3 0 3 3
Young Hyson 1 11 2 6
Imperial
Gunpowder,
good &fine 3 3 4 0
TOBACCO, Ir Ib. in bond.
J. River, Leaf
Stemmed 0 8 1 1
Kentucky 0 8 1 1
Maryland
41" cwt. in bond.
Bengal l2 0 —lB 0
TURPENTINE, 413' Cwt.
American..... 10 0 —l2 9
,VALON lA, Sr ton. £ a. £ s.
Smyrna, pickedl2 0 —l9 10
Mores 11 10 —l4 0
INVAx, BEES', twat. in bond.
African 3 0 9 0
East India 9 0 —lO 0
American 9 0 —lO 0

ASHES
Montreal, P of ..27 6rd 29 6
Pearl, ..31 6 —35 0
ii. States, Po t.. none.
Pearl ... •.. none.
BARK, Queireit ..18 0 —22 0
Oak, V ton ...£6 o—7 10
German ... ... 410 5 5
BniusToNnArtcrn
Sicily, &t. .... 8 15 9 ln
Tuscany 9 5 9 10
CASSIA Liu:mit, s. d. s (L

CLOvElt-sxua.4, cart.
American, re d
Dutch I Nominal.
French & GCSTE
Cocoa, 4t' cwt.
Trinidad 4O 0 —45 0
Grenada. 4O 0 —43 0
Brazil 34 0 —36 0
COFFEE, yr cwt. in boncL.
Jams,
50 0— 97 0
ordinary ..
good&fin ord. 98-• 'O-108 0
middling. —.llO 0-116 0
good mid. —ll5 41-132 0
fine mid. &c. 134 0-146 0
Dutch, triage.. 145.- .0-85 0
ordinary
good &fine 0rd.90 4-96 6
middling 98. 0-107 0
good mid. It
hoe &c. 14 0-108 0
Mocha lOO.. 0 —.410 0
Ceylon lOO, 0 —lO4 0
Java 45 0 —55 0
Havana
good &fin.ord.46 0 —5O 0
St. Domingo 40 0 —42 0
Brazil 37 0 —42 0
Laguira . 45 0 —5O 0
DYRWOODS, 4f ton r- s. S.
Lo"wood. Jam.ll 10 —l2 0
Hon. & Dom.ll. 10 —ll 0
Campeachy l4 10 —l5 0
Fustic, Spa. 7 10 8 0
Tampico 9 10 —lO 0
Brazil... 7 0 8 0
Cuba
NICARAGUA Wo.ov.
Rio de La ilacht•
solid
rough 5 0 G 0
Small
Lima, said
Barwood,.Ango V, 10 8 0
Gabooss 4t 0 4 10
Camwood l4l 6 —2O 0
Red. San. Wood 7, 0 8 0
FLAX, .' ton.
Riga, P.T.R_ -.45, 0 --47 0
P'burg, 9 head .39 0 --40 0
Archangel... 35 u --36 0
Dutch & Fiera 40 0 —.BO U
GALLS, 4f cwt.
Turkey, blue —74 0 —32 0
mixed 65 0 —45 0
East India 701 0 --75 0
GINGER, IF CMt.
Barbadoes 43 —l5 0
Jamaica 80 6 —l2O 0
E. India, en bond 19 0 —2ll 0
Gum, 41'' cwt.
Arabic, Turkey. 70 0 —l4O 0
East India. 25 0 —56 0
Barbary 45 0 —5.5 , 0
Senegal 65 0 —5B 0
HEMP, If ton. f: a. S s.
P'burg, clean 4l 0 —Ai 30
outshot 39 0 —25
Riga, Rhine 41 10 —42 0
outshot 40 0 —4ll 0
Archangel 39 0 —4O. 10
Manilla ..... 36 0 0
Bombay 24 10 —25. j 0
Jute l4 0 —l4 5
TIMES. Ox and Cow, 41' lb
B. Ayres & Monte Videv, dry.
inferior & midi/ 8 0 84
good & prime..o 9t— 0 105
Do. salted ....0 5 0 4
N.Amer.salted 0 31— 0 41
Brazil 0 55 0 65
dry salted 0 51— 0 64
Rio, dry 0 7i— 0 .8
Valparaiso,dry 0 6 0 74
Odessa, Scc.dry 0 61— 0 7
W. India, dry. 0 51— 0 7
salted. 0 5 0 54
Eastlndia 0 8 0 124,
Kips,B.A.drv 0 71— 0 81
Horse, d. each 9 0 —ll 6
HORSE HAIR, 4f lb.
Short 0 84— (1 9
mixed
long tails
combed 2 0 2 9
INDIGI , tr lb, in bond.
Bengal.
pur. & violet 7 0 7 6
blue & violet
blue none
violet, g.& fine 6 9 7 6
ord, & mid. 6 0— 6 6
violet & cop. 2 5 3 6 6
mixed....
cop. g. & fine. 6 0 6 6
ord. & mix . 4 6 6 6
eon. quality
Oude ....4 0 5 9
Madras 4 0— 6 0
Goatimala, If
Floras
Sobres 5 6 6 3
Cortes
Caraccas, Floras 6 S— 7 0
Sobres 5 3 6 3
Cortes .. ... 4 3 5 3
LAC DYE,'' lb.
D.T. and prime. 110 4 0
mid. to good.. 0 10 1 9
ord. & inferior 0 6 0 10
MADDER ROOTS, ,1r /Wt.
Smyrna ........42 0 —44 0
Tripoli & Syria.3B 0 —4O 0
French 4l 0 —4l 0
Naplec 32 0 —34 0

STATIONS OF THE BRITISH ARMY
ON TIIE IST Or NOVEMREB, 1838.
(From the United Service Journal.)