were, at the time of their appointment, and now are, duly qualified to be Justices of the Peace, according to the provisions of the law.- -And, what is the objection to this? Why, that to make the Police Magistrates give an account of their qualifications, is to expose them to criminate themselves! What! expose them to criminate themselves! Expose them to show themselves to be criminals! How long, good God, are we to hear reasons like this opposed to an inquiry into the conduct of men in office! These men, who have so much power over the personal liberty and the property of the people; these men, upon whose integrity so much of the safety of the people of this vast metropolis and the adjoining counties must depend; these men, who not only act as Police Magistrates, but who meddle in all the parish and county business of Middlesex and Surrey, if not for Kent and Essex also; these men, in danger of being exposed TO CRIMINATE THEMSELVES! Admit this, as Mr. Horner observed, and away go, at once, all the inquisitorial powers of parliament. Away go all its powers of detecting criminal conduct in any body. Farewell, even to the pretension to a power of correcting abuses.This objection was, too, it seems, discovered by the ATTORNEY GENERAL! This leniency, this tenderness, towards magistrates who might be led to criminate themselves, did, it seems, originate with him. Perhaps he will carry a little of this feeling towards the press in future; for there, as he well knows, the parties are compelled to criminate, themselves in cases of libel. Mr. Kenrick and Mr. Perceval and Sir Thomas Turton did not think it right that the Magistrates should be exposed to the danger of criminating themselves; they appeal to the general maxim of our laws in this respect; but, they might have seen, in the laws relating to the press, that the proprietor, printer and publisher of every news-paper is compelled to take and subscribe an oath, which oath is to be received against him as evidence in any prosecution for a libel published in the said paper.- -But, when did the Attorney General make this discovery with regard to the danger of exposing the Police Magistrates to criminate themselves? Not till several days after the House had ordered the papers upon the motion of Sir Francis Burdett. He was in the House, or, at least, he spoke there, on the same evening that the motion was made. And, besides, Mr. Richard Ryder, who himself expressly assented to the motion, is a Lawyer, and was, surely, as good a judge of this matter as the Attorney Ge neral himself. Mr. Richard Ryder says, that he had had no communication with any of the Police Magistrates upon the subject; but, there had been plenty of time for such communication, at any rate; and, I cannot help thinking, that the Police Magistrates had better been suffered to produce an account of their qualifications, than have been excused therefrom under such a plea. For, if they have not qualifications, they are, every hour of their lives, acting illegally; and, if they had them not when at first appointed Police Magistrates, they were guilty of perjury.Mr. Kenrick said, that they may have sold or exchanged the property, which they possessed when at first appointed. Very true; but, then, where was the difficulty of stating the situation of their present property. That was all that Sir Francis Burdett required. Mr. Kenrick said that this might be attended with inconvenience. Inconvenience! What inconvenience? Can it be inconvenient for any man just to put down upon a slip of paper the names of the parish and county where his freehold or copyhold is? For, really, that is all that Sir Francis Burdett required. To a man who has neither freehold nor copy hold, nor any thing out of which his qualification issues; to such a man it might be inconvenient in the extreme to comply with the order of the House, voted upon Sir Francis Burdett's motion, but to any one having, as he must have sworn to have had, a bona fide possession, what inconvenience did, or could, the order create?Mr. Perceval, upon Mr. Bankes's suggestion, moved for the particulars of the original qualifications of the Police Magistrates. But, what are these? These may be got from the Clerks of the Peace of Middlesex and Surrey for two shillings for each Police Magistrate. These answer no purpose; for, a mere temporary qualification will not do. The qualification must be permanent. It must exist as long as the party acts as a Justice of the Peace. It will not do for a man to obtain a possession for a few days, and then convey it away as soon as he has taken the oath. The Act of George the Second provides amply against this. A Justice of the Peace must show and prove his quali fication at any time, when any one, upon a qui tam information, chooses to call upon him; and, surely, as Sir John Newport observed, the House of Commons might call for information, which any man in the community had a right to demand.The penalty for acting as a Justice of the Peace, without being qualified at the time of acting, is 1007. which is quite little enough. But, how could the required (159 3 qualification. It gives none at all. The as such they sign their several legal inare Justices of the Peace; as such they act; struments; and the Acts by which they are authorised to be appointed and paid, are styled Acts "for the more effectual "administration of the office of Justice of "the Peace in such parts of the counties of "Middlesex and Surrey as lie in and near "the Metropolis, and for the more effecthought, at the time of passing the first of "tual prevention of felonies."--It was these Acts, a great stretch; it was thought settled law of the land, to authorise the to be a pretty bold departure from the Peace, removeable åt pleasure. This was a crown to select and pay Justices of the stride of no trifling length, especially when it was considered how many cases of come before these Justices; and, had it been proposed at any time other than that when the alarm began to be excited about the French Revolution, it is probable that been no easy matter. But, at any rate, if, the passing of such an Act would have amongst other evils, growing out of the system that has swelled and corrupted this great town, this is to be tolerated, let the men, who are appointed by these Acts, let the Justices of the Peace who are selected least, fully and fairly qualified according to watch over interests so important, be, at statement tend to criminate the Police Magistrates? Mr. Perceval said, that an extract of the proceedings of the House might be taken and be given as evidence in a court of justice; but who would need to ask for this, when any one in the community can call for the same information from any Police Magistrate? If any one of them be informed against for acting without a qualification, he must plead that he was qualified at the time of such acting, and must prove that he was; and such information may be laid against him for having acted at any time within six months of the date of the information. Where, then, was the danger of exposing the Po-prosecution by the crown must necessarily lice Magistrates to criminate themselves, by the enforcing of this Order moved for by Sir Francis Burdett ?The public will feel, I am sure, the great importance of this subject. They will feel how necessary it is that the Justices of the Peace appointed to guard this great metropolis and to whom is left so much power, should be men of some property, and less than 1001. a year is not now worthy of being called property. Only consider what danger there must be in having these of fices filled by men who have no means of living independent of the Minister, and whom the Minister has it in his power to torn out of their offices at any moment that he pleases. This would be laying all prostrate at his feet; and, supposing bin to mean ever so well, and to have no intention to turn this great instrument of Police to political purposes; even supposing this, how is he to be sure that the men he appoints will not abuse their power? What security has he for it? But, if, as the law requires, the persons so appointed by him are already Justices of the Peace, he has a security, though not, perhaps, so great a one as the importance of the office demands. In a new Act the qualification for Justice of the Peace ought, certainly, to be trebled at least, in amount of property, and care ought to be taken that none are Police Magistrates without possessing property to the full amount. -It has been a notion amongst some persons, that the appointment to the office of Police Magistrate gives something of a to law. WM. COBBETT, IRISH JURIES. has something so important, so vitally Though I have but little room left, there interesting to our very lives, happened in Ireland, that I cannot help noticing it here.--The Trial of THOMAS KIRWAN, Esq. upon a charge similar to that of Dr. SHERIDAN, came on in the Court of King's Bench in Dublin, on the 27th of January, when Mr. Kirwan challenged the array, or whole list of the Pannel of Jurymen. Upon what grounds he did this the reader will now see, in the report of the proceedings, which, as far as my room will allow, I shall now copy from the Irish newstention to every word of it; for, compared papers, beseeching the reader to pay atto a matter like this, what are battles abroad, what is the fate of Spain and Portugal and Sicily! While we have things like this before our eyes here, how, in the name of common sense, can we look upon battles and sieges as worthy of the slightest regard? After the Pannel had been called over, Mr. Gould requested the Jury would not be sworn for a few minutes, until Mr. Burrowes was present, as he had something very important to state to the Court. The Chief Justice.-Can Mr. Burrowes have any thing to state before the Jury is sworn? Mr. Burne.-Yes, my Lord, he has. Hon. P. Blackwood took the book. Mr. Burrowes. I am sorry to have caused any delay-it is my duty, however, to interpose for some further delay before the Jury are sworn-I wish to have a previous inquiry to examine into the fairness of the pannel, which is as important as the trial itself. We challenge the array, as made between Government and John Kingston James, the Sheriff, and by the nomination of Thomas Kemmis, Attorney for the prosecution. The Attorney General.—The only object in this application is to bring disgrace upon the administration of justice-it can be intended for no other purpose; it is grievously false and unfounded, and I am sure my Learned Friend does not mean to feed the spirit of discontent and opposition to the laws of the country. Mr. Burrowes.-The Learned Attorney General cannot deny the charge, of his own knowledge, but we have grounds for the proceeding. I deny that the object of it is to undervalue the character of the justice of the country, or to throw, unnecessarily, any imputation upon any person whatever. The challenge was then read to the following effect : And the said Thomas Kirwan comes and challenges this array, and says the said pannel was made by John Kingston James one of the High Sheriffs, upon the nomination, and at the instance and request of Thomas Kemmis, then and now the Attorney for the prosecution. This prosecution he denies, and this you are to try. Robert Hamilton and R. Heyland, Esqrs. Officers of the Court, were sworn Tryers. Did you see him before, about a week ago?-Yes, at his own house. Did you see him at any other house?— I saw him at the Corporation-House in William-street, on Friday se'nnight. I went there and had him called out to me. Did you see him at his own house since that day?—I did. Did you see him any where else?—I do not recollect. Would you have forgotten it if you bad? If I had had any conversation with him, I would have certainly recollected it. Will you undertake to swear you saw him no where else?-Wednesday last, at his own house. I do not recollect I saw him any where else; I waited at his house upon that day, until he came home. You had a conversation with him at the Corporation-house?—I had: I sent in my name, and he came out to me. You had a conversation with him then? Were they relative to the Pannel of the Jury?-I gave him the Venire into his own hands. What did you say to him-did it relate to the Venire and the Pannel?—It did. Have you seen him since?-Yes, as I have told you, at his own house. When you saw him at his own house, had you any conversation about the Pannel?-I bad. You had delivered to him the Venire before?—Yes. What was the purport of your conversation?-I asked him to give me a copy of the Pannel, which he refused; I asked him to return it to Court, or give me a copy of it, but he would do neither. Did you ask him farther ?—Yes; but he said he would keep it in his pocket until he came to Court, and would not shew it to either party without the direction of the Court. (To be continued.) Published by R. BAGSHAW, Brydges-Street, Covent Garden. LONDON :-Printed by T. C. Hansard, Peterborough-Court, Fleet-Street, VOL. XXI. No. 6.] LONDON, SATURDAY, FEBRUARY 8, 1812. 161] [Price 18. [162 The Indexes and Tables will be pub- serted the documents, which I beg of the lished with the next Number. reader, if he be a father, to read to his children; or to make those children read them. They are documents which ought to be continually before the eyes of the people of England. They ought to be framed, and hung up in every house and every cottage in this whole kingdom, and ought to be made known to all the people of every country in the world. ""KENT TO WIT.-The King against ""James O'Coigly otherwise called James Quigley otherwise called James John Fivey, ""Arthur O'Connor, Esq; John Binns, «« John Allen, and Jeremiah Leary, on a "" charge of high treason. SUMMARY OF POLITICS. JURIES AND EDUCATION. -The sieges of Valencia and Ciudad Rodrigo demand some attention. They are, or, at least, the former is, a great topic for history, being one of the greatest events of a long war. But, the subject of juries is, or, it ought to be, much nearer the hearts of my readers.In reflecting a little upon the nature and grounds of challenges of jurors, I was led back to the Trial of MR.. ARTHUR O'CONNOR and others, at Maidtone, by special commission during the "Gamaliel Lloyd, of Bury St. EdAnti-Jacobin war; when, I recollected" "munds, in the county of Suffolk, Esq. (for how could I forget it?) the memora- ""maketh oath and saith, that he this ble challenge of some of the jurors by the«« deponent did, on or about the 3d day Counsel for the Prisoners. The cause "" of May instant, receive the letter was this. A Mr. ARTHUR YOUNG (a Cler-«« hereunto annexed from Arthur Young, gyman of the Church of England) of Bradfield, in Suffolk, being in Kent, some. time previous to the trial and after the Jurors had been summoned, fell into company with some of the Jurors so summoned; and, having written an account of what passed between him and these Jurors to a Mr. GAMALIEL LLOYD of Bury St. Edmund's, Mr. Lloyd, who appears to have made a disclosure of the letter, was subpoenaed to appear at the Trial.. ""of Bradfield, in the county of Suffolk, ""Clerk, and that he hath frequently re "ceived letters, and corresponded with "" the said Arthur Young; and that he "" verily believes that the said letter is written by, and in the proper handwriting of the said Arthur "Young: and this deponent further "saith, that he saw and conversed ""with the said Arthur Young on the "" 19th day of May instant; after this When, therefore, on the 27th of May," "Deponent had been served with a writ 1798, the prisoners were arraigned, and "" of subpoena requiring his attendance the trial was about to begin, MR. PLUMER," at Maidstone, in the County of Kent, now the Solicitor General, stopped the ""on the 21st day of May' instant, with proceedings, and called forth MR. LLOYD, the said annexed letter, upon which who appeared in court and made the fol- occasion this Deponent informed the lowing affidavit; and, at the same time," Arthur Young that he was so sub produced the letter of which the affidavit poenaed for the purpose aforesaid, and speaks, and a copy of which (extracted"" urged the said Arthur Young to come from the Trial as published by MR. "" to Maidstone aforesaid, and meet the GURNEY) is subjoined to it.MR."u charge, and extenuate his fault in the PLUMER spoke with great indignation of ""best way he was able, concerning this act. He dwelt very long and very" which he hesitated, but he seemed disforcibly upon it.--The REVEREND AR- "posed to come if there was a place in THUR YOUNG did not appear in Court," the coach for him. And this Deponent though MR. PLUMER stated that he had further saith, that the mother of the been summoned. But, on this I will ob-"" said Arthur Young being present on serve further hereafter, when I have in- the said last mentioned occasion, also X urged the said Arthur Young to in""form her of the names of the Jurors ««mentioned in the said letter, to whom "" he had spoken, as stated in the said ""letter, but he refused to comply with ""her said request, whereupon this De""ponent advised the said Arthur Young " to consult Mr. Forbes, an attorney, and a relation of his, as to what would "be best for him to do, and to act accordingly, to which he the said Arthur Young seemed to this Deponent to GAMALIEL LLOYD." " ""assent. ""Sworn in Court at Maid ""stone, in the County of ""Kent, 21st May, 1798, «« before ""Dear Sir, F. BULLER. ""Blues' may gain the ascendancy. In ""short, I pressed the matter so much upon their senses, that if any one of "the three is chosen, I think something may be done. These three men have gained their good fortunes by farm""ing, and I think they are NOW thoroughly sensible THAT THEY ""WOULD LOSE EVERY SHILLING "" BY ACQUITTING THESEFELONS. ""I have seen, Sir, that detested shore, "" that atrocious land of despotism, from ""Shakspeare's cliffs, Calais steeples, and truly I shuddered, not at the precipice, but by contemplating the vici""nity to me of a miscreant crew of ""hellions vomiting their impotent ven geance, and already satiating their ""bloody appetites upon my country. ""Ah! my good Sir, we are safe, it is ""next to a moral impossibility that in ""Sussex or Kent they could land in force; the batteries, forts, &c. are so ""numerous, that hardly a gun-boat ""could escape being blown to atoms. 66 66 But, Ireland, alas! alas! it is lost, Sir, ""I fear it is gone,-Here Government "" are now spending hundreds of thou""sands in fortifying what can never be ""I dined yesterday with "three of the Jurymen of the Blackburn «« Hundred, who have been summoned to "Maidstone to the trial of O'Connor «❝ and Co.; and it is not a little singular, "" that not one Yeoman of this district ""should have been summoned to an "" Assize for this county, nor to any of the ""Quarter Sessions (excepting the Mid"" summer) for more than 50 years. ""These three men are wealthy Yeomen, "" and partizans ofthe" High Court Party.""" attacked; they are fortifying the ««Now this is as it ought to be, and as ""they are good farmers and much in my ""interest, to be sure I exerted all my "" eloquence to convince them how ab""solutely necessary it is, at the present ""moment, for the security of the realm, ««THAT THE FELONS SHOULD "SWING. I represented to them, that ""the acquittal of Hardy and Co. laid the ""foundation of the present conspiracy, ""the Manchester, London Correspond""ing, &c. &c. I urged them, by all pos""sible means in my power, TO HANG ««THEM THROUGH MERCY, a me mento to others; that had the others ««have suffered, the deep laid conspiracy "" which is coming to light would have "been necessarily crushed in its infancy. "These, with many other arguments, I pressed, with a view that they should go «« into court avowedly determined in their "" verdict, NO MATTER WHAT THE "" EVIDENCE. An innocent man com""mitted to gaol never offers a bribe to a "" turnkey to let him escape, O'Connor "did this to my knowledge. And al66 66 though THE JUDGE IS SUFFI««CIENTLY STERN, AND SELDOM «« ACQUITS WHEN HANGING IS ""castle with out-works, ravelins, coun""terscarps, and immense ditches, and ""they are absolutely burrowing under ""the rocks for barracks; it is, indeed, ""a most prodigious undertaking, but ab solutely useless. It is a pity, indeed ""it is, when money is so much wanted, ""to see it so wantonly wasted, and all "" done in throwing down the cliff upon ""the beach. Remember me to Mrs. L. "" and your family, assure her we all ex""pect a republican visitation.—This ""county is split into party, but I never "" enter the habitation of a yeoman but I ""see the sword of its owner suspended; glorious sight! But the militia, O ""Lord! at Horsham, Shoreham, Ash««ford, Battle, Lewes, Brighton, Ringmer, ""&c. &c. I very seldom meet with a ""sober man, 'tis nothing but a dreary 66 66 sight of drunkenness. Fine soldiers in ""action! their pay, their pay so extra""vagant. I have now as fine a sight of ""the Chalk-hill opposite as ever was ""seen. The sun is setting upon that «« vile land, and presents an object not a «« little disagreeable. «« Your's, truly, ""Dover, May-Day. A. YOUNG." «« NECESSARY, the only fear I have is, Addressed, "GAMALIEL LLOYD, Esq. «« that when the Jury is impannelled, the«« Bury St. Edmunds, Suffolk." " |