NEED OF IMPROVING THE SCOTTISH COURTS OF JUSTICE.
IT is difficult for any person to persuade himself that what he finds gainful, hurts the community. If his income is laboriously ob- tained—if he works hard at that which is declared to be injurious to the public—above all, if he has been educated to think his call- ing, followed in the particular way in which he pursues it, creditable and meritorious—if he sees that it leads to distinction and in- fluence—then, indeed, it will be difficult to persuade him that his country " suffers." A more upright and honourable gentleman than Mr. JOHN ARCHIBALD MURRAY, the Lord Advocate of Scotland, is not to be found in the Land o' Cakes. Ile has been brought up and has acquired eminence at the Scottish bar. His father was a Lord of Session. Very naturally, he clings to the practice of the Scottish Courts. He admits that some improvements might be made ; but he seems at a loss to discover defects in what, no doubt, he deems an admirable system. To alter the practice, would send this expe- rienced lawyer, and his contemporaries, to school again. What marvel that he should cling to the custom of offering written in preference to viva race testimony; though men of the " meanest capacity," unprejudiced by education or interest, perceive that to elicit truth, personal and public examination is the most effectual instrument ? He maintains that the administration of justice is satisfactory in Scotland ; though he could not deny Mr. Wm.- LACR'8 statement, that " there are now annually before the House of Lords more cases of appeal from Scotland than from all the rest of the two other countries." Now, to un- learned persons, this fact " speaks volumes" on the question whether the suitors are satisfied with the decision of the Scottish Courts—in other words, whether the administration of justice in Scotland is what it ought to be. Again, Mr. MURRAY made but a feeble reply to the statement that four of the Scottish Judges are incapacitated, by various causes, fur the discharge of their duties.* He appealed to the sympathies of honourable gentlemen, when the question was, whether Justice should be virtually refused or effectu- ally administered to a whole people. The charge of incapacity does not rest solely upon Mr. WALLACE'S authority ; other Mem- bers spoke out more plainly than he. Mr. EDWARD ELLICE, Mem- ber for the St. Andrew's Burghs, said— "There were in all eight Judges, four in each Court. Three of these formed a quorum in each Court. Now, at the present moment, four of these Judges were disqualified, by personal infirmity, from serving; • so that there was great danger that the public business might, m the event of illness among the other Judges, be suspended altogether until their return. Three of' the Judges in question Were disqualified m such a way as to leave no hope of their ever being able again efficiently to perform the duties of their office. He now referredyar- ticularly to one (while lie desired to express his high respect for his professional character) who, by reason of his great age and other infirmities, had come nearly to a state of mental imbecility. In the next casr, the learned individual was stone-deaf'; and the third was at the present moment so afflicted by the hand of Providence, that it was extremely unlikely he would ever be able twain to preside in a court of justice. In the case of the fourth Judge, there 'was reason to hope that, perliaps,lie might ere long be enabled to resume his duties. The effect of the present state of things was, however, that, in fact, there were only four efficient Judges."
Mr. BANNERMAN, not by any means prone to say disagreeable things to Whigs in power, "could partially confirm what had fallen from the honourable Member for St. Andrew's "- " He remembered lately to have accidentally entered the Court of Session; where he saw Lord Glenlec deliver two judgments. The learned .17090 was propped up by two Judges, one on each side, and a person at his back.'
[As Mr. BANNERMAN instanced Lord GLENLEE, he might have mentioned, if lie knows and believes, the anecdote of that once able and always excellent man, not only being "propped up" in the manner described, but when thus supported, pronouncing grace &fore dinner instead ofjudgment.] Under these circumstances it must be manifest, either that there are four Judges more than enough in the Scottish Court of Session, or that the administration of justice in Scotland is at present very much impeded. What would be said and done in England, if Lord DENMAN, Lord Amscan, and four of their brethren on the Bench, were in the WHO condition, mental and corporeal, as Mr. Hopi; and his three compeers are now ? And what have the peo- ple of Scotland done, that they should be subjected to treatment which in England would not be borne ?
Mr. WALLACE received no support. Members who seemed en- tirely to agree with his statements, refused to back his motion for a committee of inquiry into the mode of administering justice in Scotland. It may be that the Member far Greenock proposed too wide a field of investigation : but, on the other hand, it appeared from Mr. MURRAY'S statement, that it was difficult last session to bring together a Committee on only a part of the case—that which had reference to the Sheriffs' Courts : so that it does not answer to deal with the subject in driblets. It is, however, certain that some- thing is gained by even a partial ventilation of it. And if Mr. WALLACE is not the best qualified to manage the question, he at least exhibits the zeal and perseverance which other Members lack.
* A resolution agreed to in a Committee of the House of Commons last uight, fur allowing the Judges of the Court of Session to retire on their full
salaries after fifteen years' service, will also relieve the Court of the super- annuated persons alluded to. It will also put fbur valuable appointments into the hands of the lucky Ministry.
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