it had been in contemplation to establish prisons particularly adapted to criminals of this description, with a view to their reformation. If anything were wanting to show the necessity of such a course being adopted, it was to be found in the inadequacy of the existing prisons, for the attainment of such an object. There was no want of attention or of a desire on the part of those to whose custody these unfortunate criminals were consigned, to provide as far as they could, for their separation from old and hardened offenders. But the committee which had inquired into this subject were of opinion, that those prisons, though suited for the correction of adult criminals, were not fit places for the custody or the reform of offenders of a tender age. The Duke of Richmond observed, that Bill went through Committee. PARTISAN MAGISTRATES.] Lord and he thought he should not find it difficult to show, that the names in question had been inserted for the express purpose of introducing into the magistracy_political partisans. The borough of Leeds contained several townships, and their Lordships well knew, that by the Municipal Corporations Act, the borough of Leeds had a separate commission of the peace; and that the borough magistrates did the whole duty in the borough of Leeds, the county magistrates having no power to interfere. Now, on the 23rd of February, 1836, he had brought before their Lordships several appointments which had taken place under the Municipal Corporations Act; and he then endeavoured to show, that the power of appointing magistrates under that act, had been undoubtedly used for party purposes, and to the exclusion of proper persons who ought to have filled the office of magistrates. It so happened, that twenty-two persons were named upon the commission of the peace for the borough of Leeds; and out of those, seventeen were of Government politics, and four others were very unlikely to act at all; leaving, therefore, seventeen Whigs to one Conservative in the magistracy. Now, he should not have objected to the appointment of these individuals, who were certainly very respectable persons, if it had not been the case, that Leeds was a borough before the Municipal Corporations Act passed; and if other individuals had not acted as borough magistrates with acknowledged ability and im partiality, who were therefore in some sort subjected to an affront by an exclusion from the new commission, simply because they differed in politics from a majority of the persons who composed the towncouncil. He came now to the appointment of magistrates for the West Riding. He would show what was the amount of business transacted by the borough magistrates; and he would add, that he had yet to learn, that the business was performed negligently, or with any thing else, but impartiality. It appeared, that a petty session was held at Leeds one day in every week, on the Tuesday; and the return of cases heard from January, 1837, to January, 1838, was but 200; averaging four cases weekly, and without any prospect of increase the hours of attendance for the magistrates being from half-past twelve. till about three o'clock. He thought that this showed, that as far as the business of in Leeds, and, therefore, if they were to be put in the commission of the peace at all, they might have been put in the commission of the peace for the town itself, He thought it impossible to say, that the commission of the peace under the muni cipal corporations, was fairly constituted; and yet the noble and learned Lord, and the Chancellor of the Duchy of Lancaster had said, in that House, in as many words, that if they found the magistrates to be all on one side, they would appoint persons on the other side, in order to make a balance. They said, that it was not in human nature for persons to be satisfied with the decision of a bench of magistrates who were opposed to them in politics. He believed that it was no such thing, and that the applications of individuals to the magistrates had nothing whatever to do with politics. He believed, that parties did not care one snap of the finger what were the politics of the magistrate to whom they addressed themselves, provided that their complaints were heard and adjudicated on with impartiality. He would say, therefore, that this principle of putting magistrates on the Bench in order to restore a balance was most injurious. He wanted to know where it would end? If the noble and learned Lord corrected and doctored the commission of the peace according to his taste, his successors might do the same. The noble and learned Lord would not be Lord Chancellor for ever. Were other persons holding the same situation to follow the same course? But the noble Baron the Chancellor of the Duchy of Lancaster went further than the noble and learned Lord. He said, that if there were magis the borough of Leeds went, there was no | Leeds; and all, he believed, within the great necessity for any increase in the num-very town itself. They had no connection ber of magistrates for the West Riding. with the county, and were all merchants There were eighteen magistrates, of whom eleven attended, three did not act, although they had qualified, and four had not qualified at all. Well, then came the new commission; and when it came, his noble Friend (the Earl of Harewood), was quite ready to attend to any application which might have been made to him, showing, that magistrates were wanted in any particular part of the county. He could bear witness, that his noble Friend had frequently inserted the names of persons in the commission of the peace, who were adverse to him in politics, merely on the ground that magistrates were wanted in any particular part of the country. He had himself often recommended gentlemen of politics different to his own to his noble Friend, for from the friendship and intimacy which had so long subsisted between them, and the length of time during which he had been connected with the administration of justice, his noble Friend did him the honour to ask his advice occasionally, and to pay some attention to his suggestions; and he could say, that his noble Friend had never exhibited the slightest hesitation in complying with such a recommendation. No application, however, was made to his noble Friend; but, curious enough, he was told to be prepared for the circumstance that had since taken place; for his informants told him, that they knew that an intrigue was going on to put certain persons in the commission of the pence. As he had said before. no application was made to his noble Friend; and the first thing he heard about the matter came in a letter from the noble and learned Lord on the Woolsnok, asking, if his noble ¦ Friend had any objection to the noming-trates on the Bench of particular religious tion of those gentlemen. Now, what he opinions, he would take care to place wanted to know was, what were the others upon it who entertained different grounds on which this nomination was views on that subject. Now, the principle made. He wished to know, whether it for which he contended was this-that it had been represented to the noble and was never meant that in the appointment learned Lord, that there was any want of of a magistrate an inquiry should be inmagistrates, or whether the magistrates stituted into his politics or his religion, bad been negligent in the exception of but into his character, his station in life, their duty; and if not, then he could only and his education. He had thought it suppose that certain persons in I reds were right to state this, because he did think desicous of advancing the interests of a that the assertion of a contrary principle, particular party w, that town, and that the 'coming from high authority in that whole was a party move from first to last. House, must do a great deal of harm out It so happened, that every on of the gen-¦ of it, and that these references to politics tlemen appointed lived in the borough of, must tend to shake the confidence of the take their recommendations or to act on their statements, but he did think it would be far safer to take the opinion and advice of those who must act with some degree of responsibility rather than listen to private persons who were more or less actuated by party and political objects, or who had stood contested elections. The noble Lord concluded by moving pursuant to his notice in the terms above stated. people in the administration of justice by the gentlemen of the county. He had reason to know that the course of conduct which had been adopted in the case of the Leeds magistrates had produced much agitation in other parts of the West Riding. He knew that there had been other applications to the noble and learned Lord to appoint fresh magistrates, on the ground that the present magis trates were Tories, and a most curious The Lord Chancellor said, that the memorial had been addressed to the noble noble Baron had addressed their Lordand learned Lord by the vestry of Maryle- ships after he had spoken on the former bone, in which they found no fault with discussion on this subject when it was the present magistrates, who were, as they brought forward by a noble Earl (Earl said, all very well, but in which they de- Harewood), the lord-lieutenant of the sired to have persons appointed whose West Riding of Yorkshire, and who, after opinions and habits, to use their own the motion had been debated at length, words, were in accordance with those of withdrew it. The noble Baron had then the great bulk of the inhabitants. This an opportunity of stating all that he had was the case in Marylebone, and this was that night addressed to the House. The what he had reason to know had taken motion that was brought forward on the place in other parts of the country. He former occasion had, after ample discushad framed his motion for a copy or sion, been objected to, and the objection copies of any petition, memorial, or com- was considered valid on its being sugmunication, addressed to the Lord Chan- gested, that the production of the letters cellor from any person or persons residing that passed between the Lord Chancellor in Leeds or its neighbourhood. He was, and the lord-lieutenant of a county, rehowever, not sure whether any petition or specting the appointment of magistrates memorial had been transmitted. He, un-in it, were of a confidential character, and doubtedly, thought there ought to have that their production might seriously affect been, but perhaps there was merely a individuals, and, therefore, that they were private communication; and if so, he not such as should be produced, He, in should be the last man in the world to that discussion, was under the necessity of require that it should be divulged. He reading some of those letters, and a noble could not, however, help saying that, as Marquess, at the time, thought some preit would appear, the Member for Leeds judice might be done to individuals by his had been in communication on the subject doing so; but he had taken care to exwith the Secretary of State, and that he clude the names of individuals, and thus had been the person who had furnished had avoided any public inconvenience. the list. He did not think, that persons The noble Earl withdrew his motion, and who had stood more than one contested the noble Baron knew what had taken election were exactly the fittest parties to place, and seemed to concur in the course recommend individuals for the Bench. that was taken with respect to the motion. There were, however, persons in the town The noble Baron made no observation at who were constantly (and he spoke from the time; but the next day he came down his own knowledge) about the Home- to the House, and gave notice of the preoffice, and who attempted to drive these sent motion, as if the noble Baron thought matters, and who were not satisfied with he could say more, or say it better, than having obtained corporations. How those he had done on the previous occasion, and persons were paid he knew not, but they this was a motion for the very same purundoubtedly must be paid, for the parties pose, as far as the communications to the he alluded to were professional men, who Lord Chancellor were involved, as was would not work for nothing. Such per-made by the noble Earl. The noble Earl's sons, he repeated, were bad advisers on these subjects, particularly when the Lord Chancellor had such authorities to refer to as the lords-lieutenant. It was true, the noble and learned Lord was not bound to VOL. XLIV. s Third Beries motion referred to the appointment of magistrates in the neighbourhood of the place which was the subject-matter of the noble Baron's motion, namely, the wapentake of Skyrack. He repeated, that the noble K would prove, that he had exercised the duties intrusted to him with fairness and justice. But it now appeared, that the Lord Chancellor could not be fairly intrusted with the appointment of the magistracy, because he was connected with a particular political party; but if the Lord Chancellor could not be trusted with this duty, could the lord-lieutenant of a county be trusted better than this great officer of the Crown? Was the lord-lieutenant less tainted with political bias, and more likely to form a calm and just conclusion, than the Lord Chancellor? It was now, however, said, do not leave this duty to an officer who was responsible for the proper selection of persons to the magistracy, but intrust it to one who may, without control and without discovery, suffer his political feelings to bias him in his choice. He did not go into details on the former night's discussion, and he thought that it was better for him to abstain from doing so; and he knew, that this was the opinion of many noble Lords near him, and he certainly should not do so on the present occasion, unless he was driven to it. Neither the noble Earl on the former occasion, nor the noble Baron that night, had said anything against the propriety of conduct nor the integrity of the persons who had been thus appointed; but it had been stated to him by those whom he considered competent authorities, that they were most proper persons to be selected for the commission of the peace. It was then admitted, that they were proper persons, and against whom the noble Earl (the lord-lieutenant of the county) said that he could say nothing; and the noble Baron said, that he had no objection to them as individuals: therefore he contended that he had properly exercised his discretion as Lord Chancellor in introducing certain persons to the commission of the peace against whom no complaint could be made. The discussion that had taken place on this subject had led him into further investigation, and he was satisfied, not only from what had passed in that House, but from further information which he had received on the subject, that there was not one of the persons whose appointments had been called in question by the noble Baron, who was not a most proper person for the commission of the peace. The noble Baron said, that he preferred the former list of magistrates. Why did the noble Baron prefer it? Not because he had any individual object, for he acquitted the noble Baron of anything of the kind. Supposing, however, that the noble Baron had a certain interest in this district, and had been induced from some reason or other not to be favourable to the new list. He was sure that the noble Baron liked the old list better than the new list, but it did not, therefore, follow, that the new list was injurious to the public interest. He confessed, that for his own part he did not dislike the discussion that had taken place on this subject, because it served to dissipate the error which had got possession of certain minds, that the lord-lieutenant of a county and not the Lord Chancellor was the proper person to select and appoint the magistracy; he was extremely glad to have an opportunity of dissipating this error. It showed how soon a habit grew into a right. They had frequently discussed this topic during the last and the present Session of Parliament, and over and over again he had stated what he considered to be the relative duties and situations of Lord Chancellor and the lord-lieutenant of a county on the appointment of the magistracy. The noble Baron, however, was not one of those who laboured under the delusion, for he distinctly stated, that it was the duty of the Lord Chancellor to appoint the magistracy; but, entertaining this opinion, he was at a loss to imagine how the noble Baron arrived at the conclusion which he had stated at the end of his speech. The law vested the power of appointing magistrates in the Lord Chancellor and not in the lord-lieutenant of a county; but at the same time, as the former had not the same opportunities of possessing local information. as the latter, it was right and proper that the Lord Chancellor should consult the lord-lieutenant as to the qualifications of the persons to be appointed magistrates. It was not easy for him to tell when the practice grew up of first communicating with the lord-lieutenant previous to appointing magistrates, but from what had fallen from Lord Eldon it would appear that that noble and learned Lord supposed that he had introduced the custom. He found that Lord Eldon, in 1831, in a debate on a subject very similar to the present, namely the Lord Chancellor of that time appointing a certain individual to the commission of the peace without consult |