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employed in official duties is anything more than an impalpable one.
Here then, in short, comes the effect and use of this second 2001. The first did not bring the place within the sphere of the highly-connected class: the hope is—that the second will : it will, at any rate, form a basis for a third.
"What makes all doctrines plain and clear?
“ About two hundred pounds a year." So stood the matter in Sir Hudibras's time. But now the 2001. must have an ever increasing number of others to mount upon.
Seldom, if ever, do I endeavor to overthrow, without endean voring at the same time to build up. For maximizing the chance in favor of every thing needful, I have a recipe of my own, and that exemplified on the largest scale; the principle of it will be found in another part of this volume, or in one that will soon follow it. Alas! what hopes can there be for mine? It is the very reverse of the Right Hon. Secretary's. It may serve him at any rate to laugh at. His plan excludes experienced Magistrates, admitting nobody but nominal Barristers. Now then comes the laugh :the most efficient and approved of House of Commons arguments. Mine admits nobody but experienced Magistrates; excluding Barristers, nominal and real all together.
My plan serves at once for aptitude and attendance. As to aptitude,--for that I require, as a qualification, previous admission into the Magistracy, and thereafter, unpaid, but constant and adequately proved attendance, at some one of the existing offices; attendance for a certain length of time, say five years : to wit, when from the commencement of the plan that length of time has elapsed, and till then for as great a length of time as can be had.
Now for a contrast, between my experienced Magistrates, and the Right Hon. Secretary's unfledged Barristers, adding, if so it please him, any number of grey-headed ones.
1. As to moral aptitude, my Magistrates will have been engaged in the exclusive support of right,—or at least of what the legislature has pronounced right, and the exclusive repression of wrong, -or at least of what the legislature has pronounced wrong. His Barristers will have been occupied either in nothing at all, or in what is so much worse than nothing, promiscuous defence of right and wrong, with the universal predilection for wrong, as being the best customer.
2. As to intellectual aptitude, composed as it is of appropriate knowlege and judgment, my magistrates will, for the whole of their unremunerated length of time, have been employed, on the very spot, in study, and occasionally in practice, in the very field for
tily, plan seisters, nomin nobody bored of H.
which it is proposed to engage their remunerated services; in the whole of that field, and in no other than that field, to their consideration will have been subjected, in all their varieties, all sorts of cases which can have grown up in that same field. The Right Hon. Secretary's Barristers, with their 8001. instead of 6001. a-year
-how will they have been occupied ? My answer has been seen already. The Right Honorable Secretary's answer the country will be grateful for, if he can find any. But they may have been not only Barristers, but Barristers in full practice, and all the while not knowing anything more of the business of a Police Magistrate, than if they had been all the while fighting as army officers. Of practising Barristers there are about as many equity as common lawyers. Now in a Police Magistrate's practice, what is there that has any thing in common with equity practice? Let him bestow a glance on the Table to Maddocks's Equity, and then on the Table to the last edition of Burn's Justice, or whatever work has now supplanted it, and see whether this is not strictly true. To those abstracts I venture in kindness to refer him, long as the road through may seem to be, as being shorter than through the mazes of his walking dictionary. Those he might get by heart, sooner than an intelligible answer from his oracle; a negative the oracle would not venture to give, and an affirmative he would not choose to give.
3. Lastly, as to appropriate active aptitude. On the part of my Magistrates it would be a maximum. By every motive they would be impelled to render it so. At the hands of the Barrister, what his Right Hon. Patron does not require, is activity in any shape; all he does require, is existence.
As to attendance, and the means of securing it, to a great degree it is already comprised in the active aptitude just spoken of. But, in whatever possible degree he chooses to have it, he may have it if he pleases: nobody who does choose to have it, ever fails of having it. I will not attempt to trouble him with particular proofs, and they are already in one of my waking dreams.' In manuscript they are already in another or two, and will ere long be in print, if I live.
This plan would suit both classes. The expectant stipendiaries would not be disinclined to attend, since it would increase their chance of the preferment; the existing stipendiaries would not be disinclined to be attended for, since it would increase their ease. How much soever superior the 6001. a-year ones may be, to their
· Draft of a Judicial Establishment for the use of the French National Assembly, 1790 or 1791: printed and distributed, but not sold. .
2 1. Constitutional Code, Judiciary part. 2. Procedure Code preceded by the Judiciary part of the Constitutional Code.
exploded predecessors the 4001. a-year ones, were they to leave the burthen of the day altogether to the still superior expectants, if such they should prove, the public would not, any more than these same parties, have, in this quiet arrangement, any reason to repine. Ahab had served Baal a little. Jehu hath served him much. What prospect have I not opened! What an Epicurean heaven! Thirty 6001. a-year places, and all sinecures ! So many temporal Prebends and Canonries! With such a pot-pourri of sweet arguments, what is there that could not be proved ? Laughable and delectable all this-true : but would it be the less beneficial? Not it, indeed.—See Horace's Reports. Ridentem dicere,&c.
Suppose not that it is on this 6,0001. a-year alone that all this examination has been expended. The expense is but as a drop in the bucket. The reasoning on which it is supported is no such trifle: if good for 6,0001., not less would it be for 60,0001., for 600,0001. or 6,000,0001. More than even this might, if duly looked into, be seen perhaps to stand upon no better grounds. Be this as it may; by any one in whom curiosity is strong enough, it may be seen how admirable a match it makes with that, on the ground of which Burke for the Whigs, followed by Rose for the Tories, proved, as another part of this volume will show, the necessity of draining, out of the pockets of the productive classes, the last drop of the matter of wealth that could be squeezed out of them, consistently with the continuation of their existence. Practice, it is true, cannot be always rendered altogether co-extensive with theory; but, whether the theory actually pursued as a law by Government, under the really existing form of Goverilment, and under the fictitious entity, called the Constitution, is not the thing actually avowed by both parties, may be seen without other trouble than the turning over a few leaves.
Mr. Martin, if eyes or Morning Chronicle, April 2, 1825, do not deceive me,-Mr. Martin, of Galway, treading in the Right Hon. Secretary's steps, and, with a copy of the above speech, I presume, in his memory,—stands engaged, on the 12th of May, to extend his protection to Judges, and I know not what besides. While his protection was confined to the helpless and persecuted "part of the creation, I followed the Honorable Gentleman at an humble distance. But, if nothing will serve him but the extending it to those bipeds with gowns and wigs, instead of feathers, whom I had almost called o n , which would have been as bad as refuse, -to those whose every day occupation is depredation, and every-day employed instrument a lie,-here I feel it impossible to go on with him. Were it my good fortune to be honored with his confidence, I would beg him to stop where he is, and not buffer a hand admired (and vainly endeavored to be made ridiculous) for its beneficence, to be converted into a cat's-paw: let those (I would say to him) let those who are to eat the chesnut put paws upon pates, and beg for it. Let me not be mistaken. When I had like to have said
y n what I had in view were fee-fed Judges : the only sort, alas ! which matchless Constitution has yet bred: men, to whom, and so much more than to the man of finance, we are indebted for the so little less than universal denial of justice. If, instead of adding, he would substitute salaries to fees, I would consent to shut my eyes against the amount, howsoever extravagant it might prove.
The fees to be compounded for would have been—not only the fee avowedly extorted, but the unhappily so much more abundant stock surreptitiously received: received by these so erroneously supposed uncorrupt hands. They would be—not only the fees exacted by superintendants in their own name, but all those exacted under their authority, by respective subordinate holders of offices, of which they have the patronage. For, who is there that does not know that an office in a man's gift has a no less decided marketable value than an office of the same emolument in his possession ? True it is that, compared with the value of the possession, the value of the patronage may be to any amount less : not less true is it, that it may also be, and that it not unfrequently is; fully equal. Let Lord Eldon say, how much less worth to him the many thousands a year he has put into his son's pocket are, than if it had been his own? Let Mr. Peel, if he feels bold enough, look into the documents, and tell us, in his place, how many those thousands are.
To the number of the offices, the emolument of which a man can pocket with his own hand, there are limits : to the number of the offices, the emoluments of which he can thus pocket through other hands, there are no limits; and, in any number of instances, the protégé's life may be worth more than the patron's.
Who is there that does not know, that the value of an office to the incumbent is directly as the emolument, and inversely as the labor? Who is there that does not know, that to the patron the valué of it is directly as the inaptitude of the protégé he has it in his power to put in and keep in it, since the more consummate this inaptitude, the less his choice is narrowed? Who is there, for example, that does not know, that it is to the union of these two characters that spiritual offices in particular are indebted for their transcendent value? Who is there that can deny, that while this mode of payment lasts, interest is, in all Judges, at daggers drawn with duty ?--that it is from this cause that suits take up as many years as they need do hours, and as many pounds as they need do pence?
inaptitude to put intly as that does nomoly
:. Who is there that can deny, that it is from this cause that our
system of judicial procedure is what it is ? and that, through the whole texture of it, Judges having been the manufacturers, delay, expense, and vexation, have been maximized, for the sake of the profit extractible out of the expense ? · Yes: by such hands made, to no other end could it have been directed.
The chief Justice of the King's Bench, has he not the nomination to the keepership of the prison named after his judicatory? If so, then to the profits of the bench are added the profits of the tap: and the money which Justice would have returned to the hands of the creditor, is extracted, through this channel also, into the pockets of the Judge.
Same question as to other chiefships,—whether, as between one and another, consistency in this respect, or inconsistency, is the rule : also of that which is about to be squeezed by jailor out of debtors and creditors, how much is, in advance, squeezed out of him by Judge : questions these, none of them surely unfit to be put by Mr. Peel before he gives his support to the Advocate of innoxious beasts and pre-eminently noxious Judges. · Originally, though pregnant with depredation and oppression as it could not but be, payment by fees was matter of necessity : for judicature was necessary before kings had money to pay salaries.
For these three-and-thirty years past, it has been without excuse. The corruption continued has been continued with open eyes. : When the trade of trading Justices was put an end to this was the name then given to Middlesex Magistrates) it was undoubtedly for this same cause; it was because, in their small way, they made and protracted suits, for the purpose of multiplying fees.
When this small branch of the trade was put an end to, it was by the self-same remedy, I am now venturing, with how little hope soever, to propose. So far as concerned corruption, success could not be more complete. Salaries were substitutes to fees, and in that form the plague ended.
When fees had thus given place to salaries, what disorder there was took an opposite turn. While the fees flowed into the judicial pocket, there was too much activity: now that, if any come in, they take a different direction, if report is to be believed (see above p.) there is not enough of it. Lethargic not excitative is now the character of the disease. Beyond comparison more mischievous than the lethargic is the excitative, though when the specific is applied, so much easier to cure.
If in the case of the trading Judges called Magistrates the remedy was needful, how much more bitterly needful is it not in the case of