§ On the order of the day for the second reading of this bill,
Mr. Kennedysaid, he could not suffer this bill to be read a second time without a comment. He had himself often before proposed the very measure which was now about to be adopted; but he had always done so unsuccessfully. He did not mean to oppose the progress of the bill; on the contrary, he hailed its appearance, most sincerely glad to see it come from any quarter. He could not, however, fail to remark the inconsistency of the learned lord opposite, who had so frequently opposed the measure, which, on that learned lord's own introduction, was now about to be carried. The bill afforded him great satisfaction, because he believed it would be productive of benefit to Scotland. He therefore gave it his cordial support.
§ Mr. Humesaid, he had always thought that it was improper to reserve special juries for the civil courts alone, and to employ common juries to try persons charged with having committed crimes. Such a course seemed to him to be making too light of human life; and he was therefore heartily glad that the system was now to receive some alteration. He thought that the qualifications of special jurors might be simplified with great advantage to the public; and be trusted 1373 that something would soon be done for that purpose. Great credit was due to his hon. friend (Mr. Kennedy) whose exertions had led to the introduction of this measure.
The Lord Advocatesaid, that the main object of the bill was, to provide an impartial jury for all cases which should come on to be tried. With reference to the various classes of society, and the interests which were connected with them, it would be obviously impossible to do away with the difference between common and special juries; and, while that difference should exist, the suggestion of the hon. gentleman was wholly impracticable. He claimed, on behalf of the persons by whom this bill had been prepared, credit for the fair and honest manner in which it was brought forward.
Mr. Abercrombysaid, that the credit of this measure, whatever it might be—and he was disposed to think very highly of it 1374 —belonged wholly to his hon. friend (Mr. Kennedy). His hon. friend, when he first proposed it, was called a dangerous innovator; and yet now the Lord Advocate was found to go much further than his hon. friend had intended. He was not disposed to say one word in opposition to the bill; but he wished that the people of Scotland might learn from the circumstances that attended it, this lesson—that if they would persevere in a good cause, without being alarmed either by the denunciation of the learned lord, or of those members who were supposed to represent the interests of the landholders of Scotland, they must ultimately succeed. He had no doubt that very great benefits would result to Scotland from the present bill; and he was convinced, besides, that the people of Scotland knew they would be indebted for all those benefits to his hon. friend.
§ The bill was then read a second time.