The Marquess of Norman,by moved the second reading of the Administration of Justice (Birmingham) Bill. It would have been introduced at an earlier period of the Session, but the Government had been waiting for the decision of the judges on the legality of the charter. Not having been able to obtain that decision, they had brought in this bill to make temporary provision for the administration of justice in Birmingham, and leaving the question of the legality of the charter wholly untouched.
§ The Earl of Warwickthought they had got into difficulties which this bill would only tend to perpetuate. From the length of time the judges had taken for their decision, there must be great doubt upon the question of the legality of the charter, but his belief was, their decision would be against it. When the Government discovered the doubt, they ought to have stopped their proceedings, and left the administration of justice in the same hands it was in before. The quarter sessions of Birmingham were now held and paid for by funds paid out of the Treasury. The prisoners were sent over first from Birmingham to Warwick gaol, then back to Birmingham to be tried, and afterwards 1385 were returned to Warwick to be imprisoned. Now, let the charter turn out how it might, that could not be altered, as there was no gaol at Birmingham. Birmingham had hitherto been without a corporation, and might it not have gone on in the same way for another year? The Government might now restore matters to the former system, but, having got into this danger, they now called on Parliament to sanction their proceedings. Suppose the charter was declared illegal, he would ask, in such case, whether the prisoners who had been convicted during the charter were legally convicted? It was embarking in a difficulty which lie could not sanction, and he should therefore move, that this bill be read a second time this day three months.
Lorn Wharncliffesaid, the question was, had there been any legal quarter sessions whatever? He believed, that every man tried had been illegally tried.
Lord Calthorpesaid, it would be difficult to imagine any circumstances less favourable than those under which it was proposed to admit Birmingham to the functions of a corporation, and this was especially the case as regarded that part of those functions which related to the administration of justice. He always thought that so important a town as Birmingham ought to possess a corporation, but he was unfavourable to the present bill, because it would not effect that object; it would give to Birmingham not the reality but the fiction of a corporation, and he apprehended that the course which Ministers were taking would lead to the necessity of passing bills of indemnity. Now, although he should not much object to a bill of indemnity where the parties acted in ignorance, he should by no means concur in any step which would invite the commission of acts requiring such remedies.
§ Second reading put off for six months.