Administration and misadministration of Justice in Ireland.

Chapter X.

Improvements in the Administration of Justice - Petty Sessions - Origin of the System at Celbridge - A Case of Appeal - The stipendiary Magistracy - Effects of the System; in widening the Breach between the Classes; in stimulating Placehunting - Letter from Lord Chancellor Manners - Memorandum on required Changes in the Law - Letters; from Sir John Newport, from Sir Wm. Gossett, from Mr. Peel, from Lord Campbell, from Attorney-General Ball, from Mr. Drummond - Use of Petty Sessions to solve the Landlord and Tenant Question - The Constabulary - Letter from Mr. O’Connell.

As my reminiscences led me in the last chapter to think over the abuses prevalent in the administration of justice in Ireland, I will shortly advert to some remedial measures, in the introduction of which I had a part. It was many years subsequent to the period of my first undertaking the duties of a country gentleman and magistrate that those measures were brought into operation; but from the very commencement of that period I saw their necessity, and lost no opportunity of urging their adoption upon the government.

None of those abuses were more mischievous than the custom of magistrates acting singly, in their own houses, with all those incidents belonging to that practice to which I have adverted. This custom has now been completely abolished; and the commencement of the system that has replaced it was, I believe, made by myself at Celbridge, a village near Lyons, whither I prevailed upon one or two neighbouring magistrates to resort weekly, for the purpose of hearing and adjudicating upon the complaints of the people.

This bench the present Duke of Leinster joined as soon as he became of age, and continued to co-operate in its labours with much assiduity and patience, very seldom absenting himself from our Monday meetings. This voluntary association of magistrates for the administration of the law *coram populo *was the foundation of the petty sessions system, which has since been regulated by many acts of parliament, and has been extended universally throughout Ireland.

The originator of the weekly meetings in my own district, I was looked upon as a sort of permanent president of the court; and it was a standing joke with the Duke to address his notes to me as Lord Chief Justice of Celbridge. To myself it is now matter of no small pride and satisfaction, that I can look back upon a period of more than 30 years during which I acted in that office amid many difficulties, yet, I trust without forfeiting the confidence that was reposed in me by my neighbours, without distinction of rank, grade, or party, and without an appeal being made against our decisions, upon more than one or two occasions, although often in the face of the direct opposition of the government of the day.

Of one of these appeals. I recollect the particulars, a detail of which may be interesting as illustrative of the state of feeling that prevailed. It was in the case of the same Mr. C---, whom I have before mentioned as having taken advantage of my absence to make an examination of the contents of my library and wine-cellar. This gentleman was summoned before me at the suit of some mowers who had a dispute with him about wages. He was highly indignant at having received a summons instead of a note politely requesting his appearance, and accordingly refused to attend before me. He was, nevertheless, decreed to pay the amount with costs to the extent of some 20 or 25 shillings; and on his neglecting to pay, I issued a warrant, under authority of which a cow of his was seized and sold, and the balance tendered to him. He declined to take it, and appealed to the quarter sessions. There was a full attendance of Tory magistrates, to see justice done upon a popular brother and Mr. C--- had a strong bar to take care of his interests. I acted as my own counsel, and for once the adage went wrong. Mr. C accused me of being actuated by hostility towards him on account of his former display of loyal zeal; but, upon cross-examination, he was obliged to admit that he owed me four years’ rent before I had recourse to a process of ejectment. Ultimately the chairman (the present Mr. Justice Torrens) acknowledged that he should not have received the appeal, as the time for lodging it had been suffered to elapse, and the appellant was defeated, to the great joy of the audience.

Nothing could possibly work more satisfactorily than those petty sessions; but, I think, the committal of the magisterial business of the county so much to the management of stipendiary magistrates, as has since been done, has been a considerable drawback upon their usefulness. It has tended to widen the breach between the classes; and has had even a worse effect in stimulating that passion for placehunting, which is one of the great snares of Irishmen - one of the devices most effectual in fixing upon the active and energetic the yoke of an alien servitude, and in turning them from the paths of honest industry, through which alone lies the way to national and individual independence. The magistracy should have been held sacred from such pollution ; and it has always seemed to me that by publicity, and by freely admitting to the honours of the unpaid bench every person qualified by position and property, or even by obliging such persons to act as magistrates during a certain portion of their life, sufficient impartiality and a due administration of the laws could be insured.

Upon the subject of this amendment of the law and its administration, and upon others of minor importance, the following documents, which have remained among my papers, will throw some light, as well as upon the difficulties that stood in the way of reform, even in matters apparently so little connected with disputed party questions *

Lord Chancellor Manners to Lord Cloncurry.*

Dublin, May 13th, 1816.

“My Lord - I beg your Lordship’s pardon for not having sooner acknowledged the receipt of your Lordship’s letter of the 8th inst., complaining of the deficiency of magistrates in your neighbourhood, and recommending several very respectable persons. I do not know whether any of those gentlemen would act in the commission of the peace; but if they would, the regular course has been, and is, for any of them to apply through a governor of the county, or a privy councillor, for the purpose. In stating this to be the usual practice, I do not mean the slightest incivility to your Lordship, for I really believe there is not an objectionable name in your list; but I think it material to adhere to the practice transmitted to me by my predecessors in office. I have the honour to be

Your Lordship’s obedient servant,

Manners.” *

Memorandum by Lord Cloncurry on some required Changes in the Law regulating the Jurisdiction of Magistrates.*

“Lord Cloncurry having for many years acted as a Justice of the Peace for counties near the city of Dublin, often found great inconveniences from the difficulty of having warrants executed in the city. Many offenders from the country took refuge in the city; and persons living in Dublin, and either holding land, or contracting for works in the vicinity, and leaving their work-people or servants unpaid, set at defiance the warrants of county magistrates, which the city magistrates refused to back.

In civil matters the police magistrates would not act at all; and in criminal they required copies of informations and other documents, which the county magistrates did not think it right or convenient always to give.

To remedy these impediments, Mr. Peel procured an act of parliament (59 Geo. III., cap. 92), giving the necessary power to the warrants of justices of the peace of counties, in cities and towns, and in neighbouring counties.

Notwithstanding this law, the police’ magistrates frequently refused aid to county constables in the execution of warrants, ‘and the county justices are frequently obliged either to leave complaints unredressed, or to send such force of county constables into the city as may tend to create riot or alarm.

The magistrates, in general sessions, on the 16th of January, inst., made a representation to the Chief Secretary on the subject, as also on the following:-

The constabulary are by law forbidden to take any fee or reward other than their pay; and any portion of fines to which they might be entitled as informers, inspectors of roads, public houses, or otherwise, is to go to the credit of the public. The police of Dublin, who act within eight miles of the city, are, by a different regulation, allowed one-half of all fines recovered by their instrumentality. The constabulary and police continually act together in the neighbourhood of Dublin, particularly at Kingstown, Blackrock, Howth, Rathfarnham, &c.; and jealousies arise, the constables complaining that the police have great advantages over them. The county of Dublin constables are altogether worse than those of any other county, partly from this cause, and partly because their inspector, being an alderman, is unacquainted with discipline, and more attentive to the politics than the conduct of the men.

The police should be well paid; but, like the new London police, or the constables, they should have no other revenue but their pay. The police and the constables when they had half fines for road trespass, were often accused of driving cattle from their pastures at night, in order to find them on the road) and levy the fine on them.” *

The Right Hon. Sir John Newport, Bart., to Lord Cloncurry.*

29th May.

“I am favoured with your Lordship’s very interesting letter, and have to thank you for its valuable contents. I would gladly avail myself of the information which it contains, and endeavour, as far as in my power, to recommend to parliament the application of a remedy, although the nature of the bill which I have introduced would not allow such remedy to be incorporated with it. That bill goes merely to assimilate the law of England and Ireland, in certain cases therein named, particularly as to magistrates resident in a county different from the county for which they wish to act, being enabled so to do (this, by-the-bye, is one of the eases your Lordship mentions); also to allow constables to execute warrants, and sheriffs to convey offenders to gaol through counties to which they do not belong. This is law in England, and I hope will soon be so in Ireland, which it is not at present.

As to the other very interesting points, I have committed the letter (which I hope your Lordship will excuse) to the care of Sir H. Parnell, on account of my immediately approaching departure from London for Ireland. I am very reluctantly compelled to do so. Sir H. P. has in contemplation some further measures on this subject. I have the honour to be

Your Lordship’s most obedient servant,

John Newport.” *

Sir William Gossett to Lord Cloncurry.*

Dublin Castle, 24th April, 1834.

“My Lord - With reference to that part of your Lordship’s letter of the 3rd instant, which relates to the recent orders issued to the police, in regard to the extent of their interference in cases of road nuisances, I have the honour to observe that it is very far from the wish of the government to deprive the magistracy of the services of the constabulary in suppressing road nuisances. The difficulty lies in this; the police cannot, as the law stands, summon the parties offending, the only mode by which the police can proceed is, by impounding stray pigs, &c., which it is impracticable to effect consistently with the performance of their more important duties. It is, therefore intended to alter the law upon that point, by empowering the constabulary to summon for road nuisances. 1 have the honour to be, my Lord,

Your Lordship’s most obedient, humble servant,

Wm. Gosset.

P.S. - Your Lordship’s suggestion in regard to the holding a weekly session at Rathcoole is under consideration.” *

Sir William Gossett to Lord Cloncurry.*

Dublin Castle, 10th May, 1834.

“My Lord - Adverting to the latter part of your Lordship’s letter of the 3rd inst., I have the honour to state, that having communicated with the magistrates of the Head Police Office, with respect to your Lordship’s suggestion that a Dublin Justice should attend at Rathcoole, in conjunction with Major Tandy, for, the purpose of forming a weekly sessions there: it appears from the magistrates’ report, that the place pointed out by your Lordship, being on the verge of the police district, the jurisdiction of any of the justices from the office of the division in which it is situated, would not extend to that part of the county of Dublin as to which you seem more particularly solicitous.

It is also observed, that, although a magistrate might occasionally be detached from the second divisional office, without inconvenience to the general routine of business in Dublin, circumstances often occur which would render any such regular attendance as is contemplated by your Lordship quite impossible; and, under no circumstances could the proposed assistance be afforded from the Head Office, the justices of which have, alone, the extended jurisdiction necessary for the object in view. The proposed arrangement would, moreover, create a novel head of expenditure in the accounts of the establishment, namely, the expense attending the conveyance of the magistrate to and from Rathcoole, being a distance of eight Irish miles from the city.

The magistrates having, at the same time, brought under the notice of government, the expediency of establishing a petty sessions at Tallaght, in the neighbourhood of which a sufficient number of country gentlemen would be found disposed to undertake the duty; and which arrangement would be advantageous to a very extensive district, including that part of your Lordship’s property most remote from Lucan sessions; I beg to observe that this point, as well as your Lordship’s wishes regarding the formation of the Rathcoole sessions, will be brought under the consideration of the Lieutenant of the county without delay. I have the honour to be, my Lord,

Your Lordship’s most obedient, humble servant,

Wm. Gosset.” *

Mr. Peel to Lord Cloncurry.*

Whitehall, April 16, 1822.

“My Lord - I have the honour to acknowledge the receipt of your Lordship’s letter of the 13th instant, and request you to accept my thanks for the communication.

I readily admit my belief, that the representations which you made to me, when I was Chief Secretary of Ireland, on the subject of its domestic affairs, were neither of a frivolous nature, nor originating in interested motives; and that belief will always induce mc to consider, with attention and impartiality, any suggestions you may offer with a view of improving the condition of the people, or facilitating the just execution of the law. I have the honour to be, my Lord,

Your obedient servant,

Robert Peel.” *

Lord Campbell to Lord Cloncurry.*

New-street, July 31, 1842.

“My dear Lord - I beg leave to thank you very warmly for the history of Petty’ Sessions in Ireland, which you have been good enough to send me. I have perused it with great interest, and it shows me a new claim to the gratitude of your country, which she ought not to forget.

I remain yours, most faithfully,

Campbell.” *

The Right Hon. Nicholas Ball to Lord Cloncurry.*

Stephen’s-green, Dublin, December 18.

“My dear Lord - The proclamation about the sabbath observance you will hear no more about; instructions will be forwarded to the constabulary not to act upon it. In reference to any of the matters of complaint to which you called my attention, I may tell you, in one word, that it was owing to a *mistake *of the meaning of certain directions given for another purpose, that the proclamation was issued.

As to the other matter which you mentioned, namely, the expediency of the constabulary being empowered to act in counties adjoining the one to which they belong, I have spoken to Colonel M’Gregor, and also to Drummond, and they both consider it very desirable that such a regulation should be made; but it is suggested that an act of parliament will be necessary for that purpose. I will look more into the subject.

I am, my dear Lord, yours very truly,

N. Ball.” *

Thomas Drummond, Esq., to Lord Cloncurry.*

Dublin Castle, February 4, 1836.

“My dear Lord - I thank you for your memorandum respecting the police. I believe that what you state is true as respects the Dublin police; but certainly not in the other districts. ‘Tis useless to attempt a change till the bill passes; we shall then have the whole under one management, and all these abuses will disappear in *one *month.

Pass the bill-all who are interested in preserving peace, and preventing outrage in Ireland. - My dear Lord,

Most faithfully yours,

T. Drummond.

P.S.- I am happy to hear the good account you give of the parliamentary prospects.”

There is one purpose to which petty sessions might be made subservient, that I am desirous of calling attention to, and which I have often urged as a practical solution of the landlord and tenant difficulty, now so much thought and spoken of. I think that as servants were formerly (and, indeed, I believe, still are in Scotland) hired at public trysts and fairs, so contracts for the letting of farms might be made before the magistrates at petty sessions, in open court. If that practice were adopted, I am convinced it would lead to a fairer estimation of the value of land, and a better understanding of the nature of the bargain between owner and occupier, the want of which is the cause of so much misery and so many crimes.

The landlord would be ashamed to ask an unreasonable rent in the presence of his brother landowners and neighbours - the tenant would be ashamed to offer an insufficient or an exorbitant sum (which latter, under the existing system, was often done to the injury of both parties), *vulgi circumstante corona. *It would also follow, as an incident in the course of a public letting of land, that the condition of farms would be canvassed, and the question of improvements, the responsibility of making them, and the claims to the profit and permanent ownership of them, would be settled.

These matters are now arranged first in the landlord’s private office, and subsequently re-discussed and re-arranged at the nightly meetings of the secret courts of the agrarian conspiracy that has so long vexed the country. Would it not be better that the venue of such processes should be changed to the court-house of the district, and that the proceedings should take place under the light of day? Wherever we shall restore a link in that chain of mutual dependance and friendship that ought to hold the classes together, but that has been rudely broken in Ireland, we may be sure of the goodness of our work.

I have no doubt that the plan I propose would be the means, not only of binding together worthy men of every rank among the dealers in land, but also of breaking asunder those unlawful bonds that have so unfortunately tied up the good and the bad of the occupying class into a combination, formidable to the prosperity of the country and to their own best interests.

Among the measures of administrative reform to the promotion of which I gave my attention, with an earnestness that, no doubt, often made me a troublesome correspondent to the members of the government, a very important one was that for the establishment of an efficient police. Of this I never lost sight; and I have lived to see the old barony constable, such as I have described him, superseded by a force as effective and well-conducted as was ever enrolled for the preservation of the peace of any country.

Even in lawless Ireland, as it is the English fashion to term our country, this force is highly popular, through the character its members have established for a firm, yet humane, performance of their duty ; and it would now scarcely be believed how difficult was the achievement of its establishment. Indeed, a better example of the obstacles that stand in the way of every improvement could scarcely be selected than is to be found in the history of the rise and progress of the Irish constabulary.

In addition to the natural enmity of the ill-disposed and turbulent, this body had to encounter the hostility of all who profited by the existing system, that is to say, generally of the whole class of donors and donees under the old Protestant rule for the appointment of the executors of the law. The additional expense, too, thrown upon land, and the withdrawal from the local magistrates of control over the police, raised up many enemies against the new system, and, in the latter respect, perhaps not without some colour of justice.

Just as I consider it to be impolitic to throw the greater portion of the responsibility of the local administration of justice upon stipendiary magistrates, so do I consider it to have been unwise and unconstitutional to render the constabulary so entirely independent (as they are) of the control of the local magistrates it is a practical deposition of the natural leaders of the country from their place, and a further widening of the breach between the classes. It is certain, also, that the unconstitutional character of the force has been enhanced by the recent change in the mode of their payment, by which the burden is entirely removed from the local, and thrown upon the imperial purse.

It would be better, I think, if these things were otherwise arranged, but still the institution is a good and useful one; and this is a fact so generally acknowledged, that probably, some of my readers may find it hard to comprehend the force of the reliance upon “the horrors of the constabulary bill,” as an engine for agitation, exhibited in the following letter. There were, however, few better judges of the proper elements of a grievance than the writer *

Daniel O’Connell, Esq., to Lord Cloncurry.*

Merrion-square, 6th July, 1822.

“My dear Lord - I thought I could have the pleasure of spending to-morrow with you, but I now find I cannot. I must, very reluctantly, deprive myself of that honour. I do, indeed, want very much to converse with you, and if the following Sunday be dry I will try and find you at home sometime in the forenoon of it. I begin to think that it would be possible to *take a position *favourable to reform before the next sessions commence, especially if the Duke of Leinster could be brought into action. The country gentlemen are *now *smarting, and, between loss of rents, and the pressure of tithes, and the horrors of the “constabulary bill,” there are many who would now come forward, that have been hitherto neutral or adverse. It would, at all events, be right to try. - Believe me to be, with the most sincere respect and regard,

My dear Lord,

Your very faithful,

Daniel O’Connell.”

Next Chapter. Cloncurry Index