L30/18/18/17

Memorandum regarding Stependiary Magistrates (Ireland):

20 Jan 1842

From: 1842 To: 1842

Printed return to House of Commons of 7 June 1841 gives number of stipendiary magistrates as 59. September found there to be 66; 1 appointed 15 June; 3 appointed 28 July (when probable fate of late Government known); 4 appointed 6 August; 1 appointed 16 August, 1 appointed 28 August (day Lord Melbourne resigned). "The declarations of the late Government that Ireland was in a state of perfect tranquility was fully borne out, when I came over, excepting the ... excitement still existing from some of the contested elections, which was gradually subsiding". Urged from home to reduce cost of Stipendiary Magistrates. Felt 5 stations could be abolished without delay by extending districts and altering the remaining magistrates; could reduce 5 more; these gentlemen told "that it was possible that their services might be dispensed with". Representations from Lieutenants of counties considered only 8 paid off and 1 vacancy of death reduction of 9, decided as in the Army to remove those appointed last without reference to politics or personal qualifications. Further reductions depend on state of country and temper and disposition of the Gentry. In some counties Gentry who are fit from family and property to be magistrates but are not on the commission - in general for political reasons. Sometimes the Lieutenant of the County has not, or would not, forward their names, and sometimes because the Gentleman would not act - what is here looked upon as a favour or a compliment from a Lieutenant who was of different politics (NB note in margin "Lord Gosford"). Sometimes people of lower grade in society than ought to be magistrates have been appointed, Real Gentry held back (NB note in margin "send de Virie's report"). "I am quite aware that amongst the residual Gentry there are many whose temper, habits or whose politics and religion render them not desirable as magistrates; a stipendiary magistrate much more likely to administer the law impartially - argues that" an extensive reduction will not for a long time be safe or advisable. Will 1) induce Gentry to waive their political objections; 2) make Lieutenants feel De Grey's eye is on them especially regarding names recommended or omitted but will avoid accepting private recommendations, not forwarded through the Lieutenants. Will be gradual process - ought not to be prematurely pressed. If and when succeeds will reduce stipendiary magistrates by non filling of vacancies and only striking off in urgent or peculiar cases.

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Melbourne,
Gosford,
de Virie

magistrate, Ireland