should be applied to the whole parish, or to part of it only; and, if the latter, to what part or parts; and whether both lighting and watching, or one only of these; and what mode of lighting may best be adopted; together with some estimates, and so forth. Thus the special meeting will have before it the carefully prepared facts and material upon which to discuss the question and determine about it. it. It may therefore have useful application. gage is to last, instead of encouraging the sired, a requisition be prepared and presented, To be of any practical use, however, it must be appliance, from time to time, of such improve- so that a special meeting be summoned and carried out, of course, by each separate parish. ments as healthily stimulated skill and enter- held to discuss those important matters and It has been attempted to be set up in some prise may devise. But the Common Law determine on them. In the meantime, it quarters that the Union Boards of Guardians does recognize the power of any community would be well to appoint a committee of the are to be the means of carrying it out. But to raise, by its own consent, any amount of Vestry, to consider, and report to the special this was not the intention of the Act, and money which it may, after public discussion meeting, whether the lighting and watching would in itself be practically impossible. It in a forewarned meeting, declare, by any byeis self-evident that no Inspector of a Board of law, to be necessary. The raising of churchGuardians can do what is needed, if the Act rates depends solely on this power; the anis to be made practically available. The Act cient and unquestionable Common Law as to was intended (as I happen to have opportuni- which (already quoted from Lord Coke and ties of knowing) to recognize the existence of the Year Books) has very recently been repowers in the local authority, whatever it affirmed emphatically by the House of Lords in might be, existing in any place, or any Com- the Braintree case. The same principle applies mittee thereof appointed for the purpose, to to any other case, as I have already shown. take cognizance of the nuisances named, in a The most remarkable illustration of the exerway somewhat similar to what the regular cise of this power with which I am acquainted, I would recommend that, at the same time, Leets in every place used to do, and ought still is one cited by Mr. Justice Crooke in his another committee be appointed, to consider to do, though the machinery of this Act is less judgment in the great case of Ship-money. and report to an adjourned Vestry at an early simple and satisfactory. Every Parish Vestry The Scots having made an inroad into Dur- day (say not later than a week) what is the may therefore wisely appoint a Committee to ham, the commonalty met and agreed to buy general nature of the matters in the parish, carry the Act into effect. If left to the Board the invaders off by payment of a certain sum or any of its townships, as regards drainage, of Guardians, the Act must necessarily be- of money; towards raising which, each man etc., that seem to need taking in hand, in orcome, in the great majority of cases, merely was to be taxed. One man, being so taxed, der that the practical action taken by the nugatory, however much a pedantic appear- refused to pay, and a distress was levied on Vestry in reference thereto shall meet the ance of uniformity of system may be attained. his goods. He brought action of trespass for needs of the place. The surveyors from each It must not be conceived (as has been done, the distress: but the Court of King's Bench township should meet this committee, which strangely enough, in some places) that this upheld the lawfulness of the distress, as should be composed of intelligent men of Act gives power to enter every man's house. founded on this bye-law for a rate or tax. each township, besides the parish officers. Such an offensive assumption of power would Many other cases might be quoted; but those This committee will consider what there be justly calculated only to disgust individuals already cited are sufficient. may be that calls for putting the powers of from supporting measures put forth with the Specifically, it is well known that, under the highway surveyors into more full activity; pretension of regard for the Public Health. the Highway Act, a highway rate is regularly what seems to make the action of the "NuiIt is not authorized by this or any other sta- levied; the accounts being obliged to be sub- sances Removal Act" desirable; and whether, tute. The Act empowers entry only after mitted to the Vestry for audit; and the Vestry's in any of the townships, the powers declared presentment of good cause of complaint, and special consent being declared necessary to in Sect. 50 of the Public Health Act can after due notice (§ 1); or, in special time of several matters. Sec. 50 of the Public Health usefully be applied at this time; also what actual epidemic, etc., "if there be ground for Act proceeds on the same right principle: the Bye-laws may be usefully passed. This believing that any person may have recently expenditure is to be such as shall be determined committee will be prepared to bring before died of any such epidemic, endemic, or con- by the inhabitants, with power to enforce its the adjourned Vestry facts and details and tagious disease in any such dwelling or place; payment. The Lighting and Watching Act suggestions, upon which the mode of dealing or that there is any filth or other matter contains the full recognition of the same with the general question may be soundly dangerous to health therein or thereupon; or powers. No difficulty whatever can exist, discussed and practically determined. that necessity may otherwise exist for exe- therefore, as to meeting the expenditure necuting, in relation to the premises, all or any cessary for any of these purposes. The prinof such directions and regulations as afore- ciple is the sound and wholesome one of the said" (§ 13). For any such powers,-whether Common Law, practically recognized by these merely existing at Common Law or declared by declaratory statutes, as it has also been by any statute, to be beneficially applied, they many others which it is unnecessary for me must be put in action in such way as to make it now to enumerate. clear to all that the action springs from good- (4.) As to the practical measures to be will, and a sense of neighbourly obligation, and adopted. The parishioners and parish officers the desire to promote the common welfare, being specially named, I will no further allude and not from any overbearing or arbitrary now to the Courts Leet than to remark that spirit, from any selfish motive, or from any these usually act in harmony with, and in the mere assertion of legal right and opportunity, nature of executive branches of, the Vestry; in contempt or disregard of the natural feel- that their action is particularly valuable as ings and habits, or even prejudices, of any being prompt and costless that, however at convenient and published times; to whom classes of the population. It is easy for men to be led into the cordial adoption of and cooperation in plans which can be shown to be useful. It is impossible to drive men into such adoption and co-operation. But, unless these really exist, all measures for the public health, however pedantically paraded, will necessarily be always nominal and temporary merely, not real and permanent. formal they may have been let become in any (3.) As regards the question concerning Apart from the Leets then,-which, in acrates. What has been said above is nearly tion, will not conflict but co-operate with the sufficient to answer this. The Common Law action of the Vestry,-I recommend that a of England does not indeed encourage the Vestry of the parish be forthwith summoned, wasteful, and not very honest, plan of letting on full warning, by posted notices and any set of men tax posterity for their own the sound of the bell. The notices posted benefit (which is the meaning of raising money should state specifically the objects which it on mortgage of rates); a plan which has lately is intended to bring before the Vestry. At been promoted by some statutes, but the real the Vestry, the attention of the parishioners effect of which will be clearly, besides the should be called to the powers they possess, fact of imposing a tax on posterity, to tie up the means of improvement for so many years (be it thirty years or otherwise) as the mort and the specific ways in which these can seve- In each case alike, any individual inhabitant will have the full opportunity, on the bringing up of the report, to add, object to, explain, or suggest, anything he pleases in reference thereto. Ultimately, I apprehend (speaking from a practical knowledge of the results, where similar advice has been given by me in other cases), the most efficient course will be found, as to drainage and so forth, to be, to appoint, at the adjourned Vestry, a Committee of intelligent and active men, in whom the general body of the parishioners will have confidence, charged with the duty of meeting periodically, complaints may be made of any nuisances, and who shall be instructed to give special attention to such measures as are necessary for the keeping of the highways, drains, ditches, etc., in good condition. At first, subcommittees should also be appointed,-one for each district, who should each take a personal view of the whole district, and schedule every case requiring attention. The different schedules of cases so collected should be brought before the general committee and classified. A notice should then be prepared and printed, and a copy thereof sent to each person on or from whose premises any nuisance exists or arises, inviting removal, and pointing out the best means; but intimating that, if not done on this notice, there are powers to enforce it. The collector of the Highway Rates (whom the Highway Act recognizes as to be appointed, and his salary fixed, by the Vestry) may be conveniently made the servant of this Committee, for the purpose of serving these notices and doing other similar acts. In appointing this Committee, care should be taken (in order to meet emergencies) to in terms, that it is to have powers carry out the provisions of the Nuisances express, Removal Act, 1848. to English constituency being available for the elec- The result of such an arrangement, Mr. Buckingham imagines, would probably be that the English members of the Council, elected as described, would It hardly seems necessary to enter into be the elite of the civil, military, legal, or mercanfurther detail. What has been above said, tile classes of the several Presidencies, best known and the terms of the various Acts quoted, by character and reputation; and that the Native being applied to the nature of the facts members would include the most eminent of their found, and guided by the ascertained wishes respective classes for wealth, knowledge, and poof the parishioners, will point out the most pularly high character, and many such are easy to advisable further modes of practical detail. I be found in all the Presidencies, including Hinwill only therefore add that, in my opinion, doos, Mohammedans, and Parsees, thoroughly acthe Committee on Public Health should be a of the country, and requiring only a field for the quainted with the resources, wants, and interests permanent one, like the churchwardens, sur- exercise of their talents. veyors, managers of lighting and watching, etc.; but, like those, subject to periodical reelection. If the powers and suggestions above noted be carried into effect, it will be found that the parish of Wilmslow, or any other parish in England, is able, without incurring the expense of a Local Act, or introducing the inevitable cliquism, hampered action, and bureaucratic subserviency of a Local Board of Health, to effect all that can be needed for the well-being of the parish; and this in a more comprehensive manner, and with more practical adaptableness of means to the special circumstances, than any Local Act or Local Board of Health can ever make possible. All that is needed is a real desire for, and determination to accomplish, the Public Welfare, on the part of those concerned. TOULMIN SMITH. 8, Serjeants' Inn, October 25th, 1853. Reviews. dom; and a fourth in making the overland journey to India, visiting en route all the principal capitals of Europe, and finally entering India, after having been partially mentalized, through the Punjaub and the whole of the Indian Peninsula to the seat of Government; while the expense to the candidate's parents would hardly exceed a college education, and might be reduced by annual deductions from future salary, and by other means. The transfer of the Indian army and marine to the Queen's service is also contemplated, as a necessary consequence following the proclamation of the sovereignty of the Crown; while a revision of the revenue system, the formation of a code of laws,— the promotion of education amongst the people,— improved means of communication, and reforms earliest matters to be submitted to the notice of in the administration of justice, are amongst the the Legislative Council in India and to Parliament here. the Plan provides a scheme of carrying open com- Plan for the Future Government of India. By Dropped to the encroachments of Centralization and Summary Jurisdiction-and POOR LAW EVOTED to the Advocacy of MUNICIPAL INSTITUTIONS, TRIAL BY JURY, LOCAL SELF-GOVERNMENT JAMES SILK BUCKINGHAM. Second edition. Par- REFORM (on the plan of the National Poor Law Association); to the upholding of the COMMON LAW of tridge and Oakey. London, 1853. the Land, as the safeguard of our liberties; to the conveying, in a familiar and illustrative form, of MR. Buckingham is unquestionably one of the sound knowledge on the CONSTITUTIONAL RIGHTS and DUTIES of Englishmen; and to THE GENERAL most versatile writers of the day, and has contri-ELEVATION AND Improvement of the PEOPLE, irrespective of sect or party. buted much to advance our knowledge of the countries he has visited. The pamphlet before us has at least the merit of being the result of consider able experience of the wants of the people, for the promotion of whose welfare the plan proposed in it is sketched. Mr. Buckingham proposes to throw off the now merely nominal rule of John Company altogether, and to declare the sovereignty of the Crown as the foundation-stone of his new superstructure. He would moreover relieve the Indian Minister of a consultative council, deeming it wholly unnecessary and embarrassing, and arguing that as the Secretary of State for Foreign Affairs stands in no need of a council to help him in carrying on his business with the vast variety of countries and peoples with whom he has to deal, there is no reason why a Secretary of State of Indian Affairs should not be able to follow so laudable an example. India, moreover, Mr. Buckingham would have represented in Parliament, and not by a select junta A particularly practical character is given to this Journal by the devotion of a considerable space in each number to questions immediately concerning the functions and management of THE PARISH, as the most universal form of Municipal Institutions now in active existence among us. The editorial management has now been undertaken, at the solicitation of its promoters, by a gentleman peculiarly familiar with the subjects to which it is devoted, and who is well known as having been engaged in long and successful efforts to maintain the functions of Municipal Institutions and to resist the encroachments of Centralization. The "Constitutional" is at present published monthly; but it is hoped that arrangements may be made, before long, by which a more frequent issue will be secured. Of this full notice will be given. A large guaranteed Circulation renders "THE CONSTITUTIONAL" an eligible medium for Official, Literary, and Commercial Advertisements. ** A few sets remain on hand, and may be had on application to the Publishers or the Printer. LONDON: CHAPMAN AND HALL, 193, PICCADILLY. in Leadenhall-street. The five Presidencies he would erect into independent constituencies, assigning five representative members to each, and leaving the constituencies thus constituted to select their members either in India or England as they might see fit, without any necessity for a personal canvas, or for the farce always attending, in England, nomination and polling days. The Governor-Generalship he would convert into a ViceRoyalty, giving to the holder of the cffice (who, for the future, it is proposed, shall be selected for his fitness, and not because his circumstances as a Peer of England may be rather the worse for horseracing or any other hereditary extravagance) the Printed by JOHN EDWARD TAYLOR, of 10, Little Queen Street, Lincoln's Inn Fields, in the Parish of St. Giles-in-theFields, in the County of Middlesex, and of Weybridge, in the County of Surrey; and published by him at his Printing-office in Little Queen Street aforesaid.-Sold also by CHAPMAN & HALL, 193, Piccadilly. TUESDAY, NOVEMBER 1, 1853. assistance of a local Legislative Council, formed of ten English and ten Native members; the same By whom "THE CONSTITUTIONAL" will be supplied regularly, on order through any Bookseller or "I wish we could so perfectly distinguish the Legislative "from the Ministerial authority as once we did; when the "HOUSE OF COMMONS had not the power of a COURT LEET" to give an Oath: which distinction, doubtless, is the most vital part of freedom; as, on the contrary, the confusion "of them is an accomplishment of servitude."-A Plea for Limited Monarchy:-1660. PRICE THREEPENCE. STAMPED EDITION, 4D. This difficulty is now at an end. The which these good ends are too often sought Poor-law Association" has no connection to be obtained,―means which must infallibly with the CONSTITUTIONAL, further than this, fail, except in cramming the Statute-book that its documents will be advertised here- with bad laws, the country with paid officials, in on the last page; it will no longer be the and the people with vicious notions. circular of any Association, and therefore, PAGE shackled no more by pleading for one special 130 object, will be at full liberty to speak freely 133 and openly on any and every question of po131 pular interest. 129 131 136 137 138 On the great labour questions which from time to time agitate the masses of the people, we shall speak fearlessly, we hope fairly. Deprecating an organized array of masters as much as an organized array of men, when It becomes therefore necessary to say a for any such purpose as to raise or keep 135 few words as to what is to be the character down the wage of labour, and believing that 135 of the CONSTITUTIONAL under its new ré- such general associations of class against class gime. First among its objects will be what must be ruinous to both parties, we still re137 it has hitherto kept prominently in view, the cognize the right of union and its occasional awakening of the people to the value and im- necessity: but in such cases we believe that portance of our old institutions of Local Self- the better judging of both parties will be on Government. One by one these are being the same side. brought into disuse; more and more of the Especially will every movement which has power which once was actually (and now for its end the lessening of the hours of labour would be, if the laws were really carried out) have our hearty support; this being not a strife exercised by the people, in the Government of class against class, but of the best of the of themselves as to all Local affairs, is being masters as well as the men, against the graspgradually absorbed by the paid officials of ing and selfish in both ranks, and tending in Government. To stay this Centralizing ten- the end to benefit the one as much as the dency, to point out which of the disused other-especially to raise the character of the functions may be still exercised where there people, by giving them greater leisure for selfis strong determination, and to arouse a feel-education, and time to discharge the disused ing on the subject which may by-and-by win functions of Local Self-Government. back some of the lost powers, will be the lead 139 139 TO OUR READERS. WITH our present number closes the first year's existence of the CONSTITUTIONAL, and we take the opportunity of stating some changes which, dating from this number, will take place in the character of the journal, and which it is hoped will increase its future usefulness, and make it more generally in organ of the promo ing object of the CoNSTITUTIONAL. If we Such are some of the leading principles of the CONSTITUTIONAL; and now comes the teresting. Carrying out this subject in all its bearings, question, are we to have a chance of uttering The CONSTITUTIONAL was established a it will expose every unjustifiable exercise of them? "To be, or not to be, that is the quesyear ago, chiefly as the organ of the "Na- the irresponsible power of magistrates, show- tion." Our principles are too true to be attional Poor-law Association;" but in order ing its mischievous effect on the people; it will tractive,-too unpopular to pay. There is too to kill two birds with one stone, it was deter- carefully watch the operation of the New Poor- little of party politics about them. mined to devote the remainder of its space to law, and leave no stone unturned to bring were to abuse the Tories for standing still in the advocacy of "Local Self-Government." the people to understand truly its grinding a wrong place, or to vilify the Whigs for It has however been long felt by its and oppressive action towards the poor; and progressing in a wrong direction,-if we ran ters that the two subjects were to some ex- will oppose, with all its power, the effort amuck at any one of the threadbare political tent incompatible the one with the other. which in many quarters is being made to ob- scarecrows of the time, were we exclusively Many who would have supported it as the tain a Government system of Police-a system" Free Trade," or pugnaciously opposed to National Poor-law Associa- which, however much it might be easier and war, we might get hearers enow. But we have tion," declined to take in a periodical which sharper in its workings than the old Local other work in hand,-to arouse an interest in was "heterodox" on the subject of an irre- arrangements, would inevitably tend, as it a subject which, albeit of greatest moment, sponsible magistracy, or of lax morality on does now wherever tried, to the degradation is little thought of and cared for. One claim questions of labour and population; while of the people, changing the guardians of the we have, to be allowed "our say,”—that if others, who approved its opposition to Cen- peace into spies upon the people, the officers we speak not, none other will. The press, to tralization and its efforts for Local Self-Go- of justice into the tools of a Central authority. a paper, is either apathetic, or hostile, about vernment, refused to lend their countenance The CONSTITUTIONAL is not however to be Local Self-Government. The great organs of to the advocacy of "Reproductive labour." a paper of one idea: while drawing attention the "fourth estate" are busy helping on the Moreover this twofold object has crippled especially to Local Self-Government, as being encroachments of centralization. Government its power in another way, preventing it from a subject which in the din of party politics is sends out Commissions with illegal inquisitospeaking out broadly and strongly on some nigh forgotten, it will find space for the con- rial powers, and the Times thanks its stars subjects which would have made it more sideration of every other matter bearing on and blesses Mr. Ingram Travers. Governpopularly interesting, lest "weak brethren" the true welfare of the people. While advo- ment feels its way to a standing army of Pomight be thereby offended, and turning away cating, however, such objects as sanitary re- lice, and the Morning Chronicle nods approvfrom it, renounce also the Association which form and the true education of the people, ingly, and would throw a system of Stipenwould be supposed responsible for its senti- it will oppose the quack remedies of patchwork diary Magistrates into the bargain. Governlegislation and Government Commissions, by ment appoints a Sanitary Commission, and ments. the hoodwinked reformers cry out, "Ah, let us be clean, cleanliness is a fine thing," and forgets, or cares not to object to, the dirtiness of the quack recipe. 66 nicle, it is true, endeavours to show that we confess we do not look with that respect the present institution has failed, and brings and veneration to a Report of a Committee forward as proof of this, the recent inves- of the House of Commons that the Chronicle tigation into the treatment of prisoners seems to do. at Birmingham and Leicester, the evidence We confess we were somewhat surprised to Thus are those who have the power which given before one of the Committees of the see that portion of the article in the Chronicle we have not, and could arouse the country, House of Commons in favour of establishing which relates to the Inquiry into the Corsilently indifferent, or openly aiding in the a system of rural police in the place of the poration of London; for if ever there was an ancient and valuable institution of parish unjust and unfair inquiry, so far as it has work of destroying the honoured Consti- constables, and the Inquiry into the Corpora- gone, this is the one. Instead of beginning tution which our fathers raised. But we tion of London. The article then goes on to its labour by an Inquiry into the constitution see signs of better things. Some men in show that the "tradesman or manufacturer" and uses of the Corporation, which are surely every party are turning back their gaze to must be liable to be greatly prejudiced, per- the legitimate beginning of an Inquiry, it those old institutions which, hitherto, "Conser-sympathies" must make it difficult for him to persons as have complaints to make or alteraclass commences by receiving the evidence of such sonally or politically, and that his vatives" have not taken care of, and "Libe- decide with impartiality. We pass over, as tions to suggest, thus constituting itself into rals" have been going too quick (in theory) unworthy of comment, the contemptible tone a court for the reception of all the scandal to notice; and those men, divested of party in which the Chronicle writes of our ancient that the enemies of local and municipal ininstitutions, because we consider that the fact stitutions may collect. To bring forward feeling, may do much to build them up once of our having grown up under them to the evidence taken before such a court as this,height of greatness we had attained, before evidence, not of facts, but of the opinion of their privileges began to be infringed upon, is "men of business" of the easiest way, as sufficient answer to such attacks upon them. they conceive, in which they can get rid of To us their age proves that our ancestors the duties which appertain to their station,— must have been wise and great men, other- really shows such a want of sound reasons for wise they would, during the severe ordeal of the change that the Chronicle proposes, that succeeding generations, have been long ago we should have thought, if it were only to swept away. These, then, we believe, are the conceal such a want, this Inquiry would have main arguments brought forward by the been left to take its own course. Chronicle in favour of abolishing our Justices of the Peace, and substituting in their place a race of subordinate paid officers, subject to and the tools of a central authority in London. more. The support we at present have, is of this kind, from men of all parties: we desire more of such support, and believe that our principles may be a common platform; and in the hope that aid will not be wanting, and that the few who hitherto have gone with us in our effort will help us still, we pass from our first, into our second year of existence. 66 Then come the "class" sympathies, and personal and political prejudices, which may to some extent exist. But would a paid Magistrate be without his personal and political STIPENDIARY MAGISTRATES. prejudices? If so, then there might be someAMONG the characteristics of the present When shall we again obtain that salutary thing in this argument; but until we have day, none strikes us more forcibly than the control over our affairs which our forefathers seen that those whom we already possess are distaste that "men of business," as they are once possessed, and be sufficiently men to do so, we do not feel inclined to increase the called, bankers, merchants, manufacturers, without the leading-strings of (it may be) any number. With regard to "class" sympa and men of this class, have, as a body, to take corrupt Government that has for the time thies, we think that the sympathy of the prea part in public matters and a fair share in the obtained the central authority? The whole sent Benches of Magistrates for any class of duties, which formerly every man of property of the objections to the present institution persons that may be brought before them, is was expected to fulfil. "Property has its do not affect the institution itself at all. They so seldom shown, that it cannot be a very duties as well as its rights" was a saying that are objections to certain persons who, for the powerful argument in favour of the abolition our forefathers thought it wise to impress time, chance to be the representatives of that of the institution under which they are creupon the minds of their children; but the fa- institution: against the institution of an Un- ated. We think, too, that in a bench of three vourite maxim nowadays is "to do nothing paid Magistracy not an argument is brought. or four (or more) Magistrates, the "class" for nothing for nobody;" to engage in no oc- Take the case of the inquiry into the treat- sympathy is not likely to be the same; that cupation where there is not a prospect of a ment of prisoners, and it amounts to this, one part will probably be in favour of one fair" money return. "Do unto others as that the officials, whose number in the class, and another part of another class; and you would wish others to do unto you" is country the Chronicle would increase, are that, in the division of feeling, a very great prea command which in theory and on Sundays the persons whose conduct the inquiry is ponderance of class-sympathy will be avoided. is universally acknowledged; but "never to investigating, and in that inquiry the fact Paid officials are not without their "class" do for others what others cannot in some way comes out that at Birmingham and Lei- sympathies, and the consequences are much repay you for" is a principle much more gene-cester the Magistrates have also been re- more likely to be felt, as they would be able rally acted upon on the Monday. Bearing miss in their duty in not watching the officials to give full effect to them, being unrestrained this in mind, we are not surprised at the at- sufficiently closely. The Inquiry proves this, by the opinions of any brother Magistrate. tacks that are being made by certain portions that officials are often most cruel and over- These, then, are the reasons brought forof the Press upon those parts of our institu- bearing where they can exercise their power, ward by the Morning Chronicle, for the great tions which require the time and energies of and ought surely to cause us to cut down the and sweeping change that it proposes to make those who, from their position in society, enjoy number rather than increase it. But were in the administration of justice in this country, certain rights and privileges which do not ap- the Magistrates wholly to blame, is that any and for depriving us of an institution which pertain to all alike and in an equal degree; argument for sweeping away the institution has lasted through centuries, under which our and we often find that when men of property under which they were created? If we give forefathers have flourished, and our country are thus obliged to transact some unwelcome a just and wise order to a servant, and through become great and honoured amongst nations. public task, they are only too glad if, by pay- his blunder great evil arise, do we say that Had there been any sound reasons for the ing a substitute, they can give their whole the order was mischievous, or dismiss the ser- change, we should have had more valid ones time to the increase of their wealth. vant for his negligence? And so, if certain given for it, and facts of the incompetence of Thus we find a proposal now being made by Magistrates have not done that which it was the Magistrates to transact the duties that dethe Morning Chronicle in favour of abolishing a part of their duty to perform, ought we volve upon them. Instead of this, we are the ancient and honourable office of Justice of therefore to determine to enter upon a new told that the governors of two prisons have the Peace, and substituting in its place a sy-system, to reject that which has endured for been guilty of great cruelty,-that a Comstem of "Paid Magistracy;" and the principal generations, and in its place substitute a sy-mittee of the House of Commons have taken reason for so sweeping away an institution stem which, wherever it has been tried, has evidence on the formation of a Rural Police, that has existed for centuries is, "that there been found a means for enslaving those over and that the opinion of certain merchants is no hope of inducing the more highly edu- whom it had control? and bankers in London, taken before a Comcated class of commercial men to undertake The fact of a Committee of the House of mission to inquire into the Corporation of the duties of municipal and local government; Commons having made a report for or against London, is, that they would rather be enthat they have got too much to do; and that the system, goes a very little way with us; gaged in making profits in their respective they are too intelligent to profess to be able for we have seen so many, as we thought, un- trades and professions, than in transacting to discharge functions which they cannot wise Reports from these committees, and so the duties which our forefathers thought properly understand." The Morning Chro- many unjust laws passed by that House, that that men of property should transact. We On one point we differ from certain members of the Committee whose proceedings we report: we would advocate the total abolition of the Central Board, while the feeling of the Committee appeared to be in favour of applying only to have its functions limited, and its powers of issuing orders having the force of law' done away with. It is very true that, if you take away its power of making laws, and enforcing them when made, you, to use a common phrase, should have thought, that some facts as show that the direction in which it is proposed have only been judiciously waiting for a more to the commitments to trial of prison- to remedy it, is the wrong one. favourable opportunity of drawing public aters, with their release when tried by juries If we look back to what the office of tention, and especially the attention of Parand judges, would have been produced; Justice of the Peace originally was, we find liament, to their grievances. and some fact given to show that the com- he was called a Conservator of Peace, and And surely it is high time! The wonder to mitments by Stipendiary Magistrates (for was, according to Blackstone, "chosen by us is, that the Comissioners have had so long an there are such) prove generally to be correct the freeholders in full county court before immunity,-that such an outcry has not been when the prisoners were put upon their trial, the sheriff; their election directing them raised long ago, as would make their seats, while the commitments by unpaid Magistrates to be chosen de probioribus et potentiori- though so liberally cushioned with poor's-rate are almost invariably upset upon being sub- bus comitatus sui in custodes pacis.' We (a great non-conductor in such cases), too hot mitted to a similar ordeal. Had some such attribute the evils that are complained of, to hold them. The mischief they do by their facts as these been given, they would have to the right of the people, here described, frivolous and constant interference with the gone much further to show the justice of the having been taken from them and given to Guardians, the annoyance they create by system that the Chronicle advocates, than all the Crown; because only men of a certain their officially unintelligible explanations, the the abuse that it so fondly indulges in against class are now invariably made magistrates, trouble they are constantly giving by their any system that has lasted a century. In and if they can but curry favour with the orders and counter-orders and modifications fact, there seems to be a rage nowadays for "powers that be," it matters little what their and instructions,-these things are so well sweeping away every ancient institution be- qualifications in other respects are. Had the known by any one who has had anything to cause it is old, without considering at all what Freeholders the choice, as formerly, we should do with a Board of Guardians, that it is surwas the object of the founders of it, and whe- have such men chosen as were respected and prising that, so often as these Commissioners ther that object has been carried out. We honoured by those over whom they were to have had to apply to Parliament for a renewal are not of this class, for we consider the fact have a great but wise control, and not the of their powers, no strenuous opposition has of an institution having existed for ages, class of men that we so often see upon the been hitherto raised to their continuance. and the people having lived happily and pro- Magisterial Bench, who seem to look upon sperously under it, as a strong proof that the the working people as a class who would, if institution itself is good; and we are fully they could, sweep away all existing instituborne out in this opinion by the experience of tions, and who have neither wish nor interest recent legislation, which has in several in- in the maintenance of peace and good order. stances partially abolished these institutions, All the laws of our day are formed under and in every case, without exception, the con- this idea, that the people must be kept down sequences have been heavier expenses to the by main force, as our immense standing army people, and there with greater inefficiency. and our rural police amply testify. Our foreTake, for instance, the New Poor-law, which fathers looked upon the people as something struck a blow at the right of the people of better than this, and assumed that the great England to relief, a right which had existed mass of the people were as much interested" take the sting out of the animal's tail;" but from time immemorial. What were the effects as any, in the maintenance of peace and order. we see no reason then for continuing it at all. in this case? We believe that, almost with- Hence they had no standing armies, no po- For a "medium of communication and central out an exception, the rates have been greatly lice, no body of men, such as these are, wholly agency for guidance and reference" we are increased, the people much worse relieved. distinct from the people. The history of our sceptical about its beneficial effect; the expeAnd a greater proof of the complete failure country is the best verdict that can be given rience of the past leading to the conclusion of this law cannot be given than the exer- as to their wisdom in the view they took on that even for such purposes it would do more tions which are now being made to cripple this subject; and the discontent almost uni- harm than good, mystifying everything rethe power of the Central Board in London. versally felt, except by a privileged few, un-ferred to it, and diligently guiding by crooked Again, wherever the parish constables have der all laws which have departed from this ways in wrong directions! been supplanted by the rural police, we find spirit, is comment sufficient, without requiring There is however something in the plea, the expense has been greater, and therewith any from us. Holding these views, and hav- that if you advocate the total abolition of the not a diminution, but a vast increase, of crime. ing from history collected these facts, we see Board, you will not get much attention in So with regard to Stipendiary Magistrates, we that all the present evils that exist in the In- Parliament; while its particular power of issu find, from a report of the proceedings in the stitution of our Justices of the Peace pro- ing orders and making laws is so thoroughly House of Lords on the 23rd of April, Lord ceed from the right of election having been unconstitutional in theory, so mischievous in Brougham protesting in the strongest manner taken from the people. We shall always be practice, and moreover so derogatory to the against the existing law in Ireland relating to ready to assist in regaining these rights; and authority of Parliament, that the application the SUSPENSION of Stipendiary Magistrates. as all past experience teaches that the depriv- for the refusal of that power in future, must There we find, along with a proposal for the ing the people of ancient rights, and giving command attention, and meet with general formation of a universal system of Stipendiary them to the Crown, has been to the injury support. This, then, is likely to be the stand Magistrates, that where they already do exist of said people, we shall always disapprove of actually taken, and though we can but regard it had been found necessary to pass a law to any attempt to add still greater powers to it as a half measure, and believe that there is suspend them. This, surely, to all persons the Crown, at the expense of the people's not, and has not been for fifteen years back, really desirous to see justice fairly and impar- rights; and in this spirit the proposal for the the ghost of a valid pretence for the continutially administered, and not the increase of appointment of Stipendiary Magistrates, re-ance of the Board, still, on the popular printhe already too great power of a central auciple that half a loaf is better than no bread, thority, would be reason sufficient; more parwe shall be glad to see its powers thus limited, ticularly when it is remembered the length of rather than that, left unchanged, it should time that the present institution has existed, succeed in entirely crushing out every spark and that wholesale suspension of Magistrates of that local independent spirit, which may never took place under it, such is as here dein time become strong enough to overthrow it. scribed. We learn further, from a late Par- WE desire to direct the attention of our Looking at the history of this Poor-law liamentary return, that in Ireland, where readers to the report, to be found in another Triumvirate, it is evident that it ought to Stipendiary Magistrates are in vogue, the column, of a meeting of the Committee which have ceased to exist long ago. When, some total number of committals in 1852 was was appointed about a year ago to endeavour twenty years ago, the Poor-law Amendment 17,457, and the convictions only 10,444, or to obtain the rescinding of some very objec- Act was passed, it was loudly declared by its about 60 per cent. In England, where there tionable orders, which were alleged to be un-advocates and the Government of the day are scarcely any Stipendiary Magistrates, 77 necessary, vexatious interferences with the that it was not meant to do away with the out of every 100 committals were last year discretion of the Local powers. We were Local rights and powers, but merely to imfollowed by convictions, and the ratio is afraid that this committee had become extinct prove their operation by removing certain steadily though slowly on the increase. What that the mild and persuasive eloquence of abuses and mending various bad arrangefact need we stronger, to prove the inefficiency Mr. Inspecting-Commissioner Farnall, who ments, by which the Local administration was of the system proposed to be adopted in Eng-went about diligently exhorting the Guardians hampered. It was declared that the intention land? We are well aware that the present to be good and do as they were bid," had was to restore to a healthy reality the old Institution of Justices of the Peace is not been too successful; but we are very glad to Local rights and duties which had fallen into without its evils; but here we have facts to find that we were mistaken, and that they disuse or corruption, and indeed to give ceiving their authority from the Crown, will THE POOR-LAW BOARD-IN THE IM- |