Sir Thomas Freemantlebegged to move for a Return connected with the criminal jurisprudence of the country. By an Act passed during the last Session of Parliament, the punishment of death had been removed from many crimes which before were capital. One of the consequences of that measure, not anticipated probably by the Legislature, was, that a large portion of those offences which, before, fell only under the jurisdiction of the Judges, now came under the cognizance of the Magistrates, and a great change had been effected in the administration of justice in the country. By the alterations, all cases of horse and cattle stealing, sheep stealing, stealing in a dwelling-house to the value of 5l., the crime of forgery, and certain offences relating to the coin, were no longer capital, and consequently the Magistrates had power to dispose of them at the Quarter Sessions. The object of this return was to ascertain to what extent the Courts of Quarter Sessions, in the different counties, had 638 adopted the extended jurisdiction. If they were to try all such cases, the business of the Assizes would be materially diminished. At the summer Assize, which, in many counties, was immediately preceded by the Quarter Sessions, the gaol would be empty, unless there should be any persons charged with murder, arson, and rape, crimes which were happily of rare occurrence; and thus nearly the whole criminal business of each county would be transferred from the hands of the Judges into those of the Magistrates. It was a matter for serious consideration, whether the Court of Quarter Sessions was so constituted as to undertake these very responsible duties with advantage to the country. Complaints were daily thrown out against the unpaid magistracy, and abuse was in some quarters unsparingly heaped upon them. These calumnies were groundless; but it was inconsistent, at a time when such prejudices were abroad, to enlarge the powers and authority of a Court in which these Magistrates were the judges. It was undoubtedly desirable that the gaols should be delivered as frequently as possible, and a prisoner was entitled to his trial at the first court competent to try him; but the question was, whether the Quarter Sessions, as at present constituted, possessed an amount of legal knowledge, experience, and influence, to constitute it a tribunal to which so great a portion of the criminal business of the country could be intrusted. He had no other object in view, than to direct the attention of the House to this subject, and therefore should move that an humble Address be presented to his Majesty, for a Return "of the number of prisoners indicted and tried at the last Michaelmas and Epiphany Quarter Sessions, for each county in England and Wales, for offences which, prior to the passing of the Act of the 2nd and 3rd Will. 4th, c. 62, would have been capital felonies."
§ Mr. Ewarthoped that the objections which had been made to the enlarged jurisdiction of the magistracy, would not be considered an argument for reverting to the old system as to punishment; but rather, for the creation, if any alteration were necessary, of some new species of tribunal, such as that recommended by the present Lord Chancellor, which would combine celerity with propriety in the adjudication of secondary punishments.
§ Address agreed to.