RESIDENT MAGISTRATES. 45 cases, even for the small remuneration offered; but it is of public interest to record that during the last eight years inducements to retire have been offered to and accepted by many, and, in the selections made for new appointments, the most conscientious consideration has been given to the character and qualifications of applicants. In numerous instances officers of the Royal Irish Constabulary are rewarded for meritorious service by being given resident magistracies. To this, I think, there are serious objections, to which I shall hereafter allude. Several gentlemen called to the bar; at least one practising barrister; an officer in the army, who had served as a magistrate in India for years; and many other military officers, whose assiduity and capacity as magistrates under great difficulties, prove the circumspection shown in their selection; as well as other gentlemen, have been appointed during the past eight years. Up to the end of 1881 the duties of a resident magistrate were, as a rule, very light. In each county, accord 46 RESIDENT MAGISTRATES. ing to its size, one or more were stationed, to whom was assigned, irrespective of county boundaries, a certain number of petty sessions courts, which it was necessary to attend, generally, at least, once a month. Under the ordinary law the official magistrate in Ireland has no power beyond that possessed by the county justice of the peace, excepting that, under certain Acts of Parliament, such as the licensing law, he can adjudicate alone in cases otherwise requiring two justices. His position, and the weight given to his opinions by his brother justices, depends much upon his own character and the disposition of the gentlemen sitting with him. The official was never, however, looked upon as magisterially superior, though the local justices frequently left him to act alone when cases of an unpopular or party nature were to be disposed of, as was often the case in the north of Ireland. In this they were right, for "party" cases usually resolve themselves into questions of religion, "Catholic" or RESIDENT MAGISTRATES. 47 "Protestant," and party feeling is by no means confined to the masses. According to my experience, notwithstanding the interested efforts of certain "leaders of the people" to induce the public to think otherwise, there was much confidence reposed by the rural population in the resident magistrates, it being recognised that their judgments in cases coming before them were based upon justice and the merits as disclosed, uninfluenced by any desire to seek after popularity or to serve other unworthy ends. I have known exceptions, but they were very rare. Beyond being supposed to attend large fairs or other gatherings of people, it cannot be said that in peaceable times the resident magistrate was called upon to perform any executive duties. He had no general control over the police, which was ruled by the Inspector-General in Dublin, through the officers of the force in counties. He was in no manner responsible for the maintenance of order within his petty sessions district, which often 48 GOVERNING THROUGH THE POLICE. comprised portions of different counties. The fact that one resident magistrate's petty sessions district comprised portions of two or three sub-inspectors' police districts, and of two or more counties, and that different portions of one police district were within the jurisdiction of more than one resident magistrate, will show how extremely difficult, indeed impossible, it was to exercise authority or to fix responsibility when the urgent necessity of doing both became evident. The preservation of order was the attribute of "the Castle," which attempted, when occasion arose, to maintain order from Dublin through the police. It will be seen how this system completely broke down in 1881, when the state of the country taxed the resources of the Government to an extreme degree. Without going into detail, it will be admitted that under any circumstances it is difficult to govern a country through the police alone. It was doubly so under such a centralised system as prevailed in Ireland in 1881. JUSTICES OF THE PEACE. 49 Resident magistrates were naturally expected, being paid servants of the Crown, to communicate to the Lord Lieutenant any information coming within their knowledge, and their opinions as to passing or anticipated events within their districts bearing upon the maintenance of public order. Under special criminal enactments, they usually were and are endowed with powers not conferred upon unpaid justices. Justices of the peace were appointed by the Lord Chancellor, as a rule upon the recommendation of the lord lieutenant of the county in which they were to act. All manners and conditions of men are to be found upon the commission of the peace. The county magnates, their agents, gentlemen of small estate, bankers, doctors, solicitors, farmers, millers, and shopkeepers are all to be found thereon. The only magisterial duty practically performed by, and I may say expected from, these gentlemen, is attendance at petty sessions courts. They do not consider themselves, nor does the Government hold them to D |