The Sun. — London, England, 1823-04-16 00:00:00

,4 i t , . ; , "A" 4, 4 , •V ;40 • ./tAI ,Z.+" irr eir6, • • /- I :tf 4'l , 4-1 ~ w ~ , • 7' ; • NUMBER 9561. WEDNESDAY, APRIL 16, 1823. PRICE SEVENPtNCE. PARLIAMENT, their characters in spite of their unanimous' decision, such cir cumstances would not lave failed to awaken the most promp t and 'active investigation. IA was anxious to icave the hbjectbrought forward, at an earlier day; but the absence of the Irish Members on the business of the circuits, did cotatford a more early oppor tunity. He understood in his abseoce, that it was insinuated that he had given notice for that discussibri for the 17th of April, to anticipate the discussion of - the Catholic question, appointed by the Attorney-General of Irelandlor the 17th. lie (Mr. B.) declared, on the contrary, that he had no such inten. tion, and that he did not see any contlection between the two questions. There was no analogy in the case, and he felt this. He might as well accuse the Right Hon. Secretary be- Ib'W him (Mr. Canning) for having yesterday tirought on a mo tion which was likely to prejudice the di s c uss ion of that night. However open he might be to the charge Of lukewarinness or amenity, he would then proceed. to justify the-duty he had un dertaken. It had reached his ears, that a late motion of an Hon. Friend, the Member . for Cavan (Col. Barry) bad its ori gin in party feelings and prejudices. He (Mr. Brownlow) was certain that his Hon. Friend did not desiave any sorb accusa tion, and for his own part be again declared that he was not actuated by such feelings. If 'the present was a question of-a nqative character—if it had intrinsic and marked features, pe culiarly its own, then it might be fair,to look for extraneous motives in its supporters. lie cloo , 4far : himaelf ,the titan of the House, from all motives except those which would become apparent in the observations he submitted on the reso lution with which he intended to conclude.—(Hear, hear !) If in them he was led astray by prejudice or passion, he well knew that he would meet the ins.tant reprobation of the House, lie made no doubt if the proceedings in Ireland were shel tered by the House, and if his Majesty's Attorney-General in that country were skreened in a departure from law and the Constitution ; that an English Attorney-General, relying on that precedent, night yet come down to that House, and draw a sword against Lbritish liberty and the Constitution.—(Hear, hear, from the Opposition).—He recollected a line from the Roman historian, Tacitus, which might be appropriately quoted. It referred to the policy of Caligula, who sought to completele the subjugation of England by the conquest of Ireland— • and falsehood.. Such should have been his conduct, according to the opinion of Lord Somers, in a book where he spoke of the duties of Grand juries. The House was aware that when WES!' INDIA DOCK COMPANY. THE COURT of DIRECTORS of the WEST INDIA DOCK COMPANY hereby give Notice, that an EXTRAORDINARY COURT, or GENERAL M EET-. ING, of the said COMPANY WO he held nt the %VEST INDIA DOCK HOUSE, No. 8, Billiter-square, on FRIDAY, the lath Instant, at One o'Clock in ,the Afternoon, for the Purpose of Choosing and Appointing a Director of the said Company, (who must he an Alderman of the City of Lon. dun), in the room of Sir John Hamer, Knt. deceased. By Order of the Court, . H. LONGLANDS, - Sec. W est India Dock House, April 4, 1823. N.B. The Chair will he taken at Two o'Clock precisely. HOUSE OF LORDS, APR'''. 15. Mr. TRUNDLE, from the O ffi ce of Chief Secretary for Ire land, presented -Returns made under the - Insurrection Act.— Laid on the Table." Mr. TOMLYNS, from the Treasury, presented an account of the monies issued ' for the reduction of the Public Debt •, and the fourth Report of the Commissioners of Inquiry.—Laid on the Table. • Counsel were heard, and witnesses examined, in support of the Allardice Divorce Bill. The • Earl of WESTMORELAND presented a petition from Leicester against the Insolvent Debtors' Act.—Laid on the Table. The Earl of DERBY presented a petition from certain fac tors and mealrnen of Liverpool, complaining of a grievance oc casioned by the manner in which the Returns were made, un der the .50th of Gco. 111.--Laid on the Table. _ The Marquis of BUTE presented a petition from certain owners and occupiers of land in the county of Glamorgan, com plaining of Agricultural Distress.—Laid on the Table. BR W HITTLEWOOD AN DS SAL K. CEY FORESTS, NOR THAMPTONS. By Order o f the Right Honourable HlßE CHARLES ARBUTH, NoT, WILLIAM DAMES ADAMS, and HENRY UAW }INS, Esquires, Commissioners of His Majesty's Woods, Forests, and Land Revenues. 'l'o BE SOLD BY AUCTION, At th e SARACEN'S HEAD INN, OLD STRATFORD. at Twelve o'Clock, on MOM) y, the. 21st of April, 1823, in different Lots, TR BARK of Suttdry.'oAK . TIMBER TREES, about to be felled for the Use•of the Navy, and for Sale. Me. Capes, of Shrobb Lodge, Whittlewond Forest, Deputy Stniveyor of the said Forest, and the Keepers of the respec t"' talks, will show the Trees to be felled to such Persons as shall be desirous of viewing the same: end C 3 tltingnes Joey be had of Mr Capes, at the Place of Sale, and df John Day and Son, Auctioneers, Stoney Stratford• POLICY OF ENGLAND. Earl GREY said that he had used Ifis time since last night., in reach} Itopert .which Ii itti , q§tefttaid before the House ; and he was son, to be obliged to confess that this lecture had in no degree weakened the impression made on his mind by the statement of the Noble Earl at the head of the Treasury. It had, on the contrary, confirmed his opinion that the interests and' honour of this Country had been sacrificed by his Majesty's Ministers, in the negociations carried on both at Verona and at Paris Should' no other individual, better qualified than him self 'undertake the task, he should think it his duty to make a distinct motion upon the subject. In the mean time, some in formation was wanted respecting the Papers submitted to their Lordships', on account of certain omissions and. deficiencies which appeared in them. It was his intention, if his Majesty's Ministers should be present on Thursday next, to put some questions to them on the subject ; and, on the Tuesday follow ing, if it should suit the convenience of the House, he should mac a motion, with the view of discussing the whole question. at large. The (Irants in Aids Bill, and the Innkeepers AllOwances Bill, went respectively through Committees, and were re ported.—Adjourned. • • GREA ADVANTAGE ‘VITHOUT BASK ! t'. ON THE KING'S BIRTH-DAY, NEXT WEDNESDAY, 423 d of THIS NIONTH. of the Old State Lottery Offices, • 4, coRN aim., and 9, CH Alt I NG.CRO.S, respect fully reminds his best Friends, the Public, that NEXT W ED NEsDAY, gad lustasit, is the Second Day of Drawing, on which Diy TWO PRIZES of 15,000 Must, and of c o urse many other Prizes will, then be drawn; and Adventurers purchasing before that day have the chance of that drawing for nothing, for if thtir'ficket is drawn a Blank or small Prize, th e y may have an undrawn Ticket or Share in lien, without paying any thing for the exelytnwe. The Wheel contains Two Money I:izrs of X. 20,000, and T silty-eight o th er Capitals, All of which must be drawn in N w ext Two Days, Warranted Undrawn Tickets and' Shares fire selling at BISH'S Offices, and by his Agents in the C'nntry. ** BISH Shared a n d Sold TWENTY-ONE CAPITALS • an the 9th instant, First Day of Present Lottery, being tlic F.Pite4t nmnher ever sold by any Office-keeper in one day. • - "N ON DO ORPHAN ASYLUM, instituted ...in 181 3, for the R ecept io n o f DESTITUTEOR- S, particul ar l y t h os& descend i ng fr om res p e ctable i a• rents, under the immediate Patronage of MS MOST GRACIOUS AJESTY. The FIRST STONP of BUILDING. intended for this 4.1,1,1111.1 TY will he ' Illt) on the Estate , ; I t l NIONIL ' VV ' , the sth of MAY. at Three o'Clock at LOWER CLAP— v by R y Highness the DUKE of YORK. Right Il i t ' uoi o ur a llile the LORD MAYOR and SUITE, ;wily of the Nobility, have kindly promised to give their sanction to the occasion. Allot- the Ceremony, the Fi D INE with Ifi s Royal High:lei TAVERN, Ilishopsgate street riends of the Institution will iS at the Gin of LONDON S• STEWARDS. „. iiAmel Amory E s 1 Maximilian Kymer, Esq. .•': ~ , 1 L. ' ".": 1i 1 ,0; ,' , Es t ri . . ' ' ' H. It. Lewis, Esq. • cr Drandram lesq Thomas Marriott, Esq. j , G. iiggs, E sq. 41"1" B • '' . John I. ' . N ' !attire' t, Esq. dares Cape!, Fv(l J. E. Netrerville, Esq.. , . ‘.- 1 4 1' ,„' eltaPrriati - , Esq. ' Jfitto Norhtsry Esti. w• Coker Fs .11 Collins,, • ( I• Abraham Peett, Esq. . . Ir ' , ( sq ' ' • • Thomas F. Ranee, Lsq. `Jerry Cook Esq. . V. F. Itivaz.Esq. will. , " l ain Curlin , . s; Esq. George 11. Robins, E.g. Thomas Davis, r' 'John Shewell, Esq. Ti Crowerii, 1.", E s q. John Sparke, Esq. ;.1, ants Gritible, Esq. Skinner Turner, F,sq, i iLni y Ileaih, Esq. Stephen Williams, Esq. Edward Isaac, Esq. John Woolley, Esq. Ticket s of Admission to the Ground at Clayton may be had (L the (I llice t arid Tickets for the Dinner, 15 s each , at th e --- vv, the 'faverri, and of the Stewars. J. V. ADDY. `Secretaries. ANN. REED, 1823. to, St. 'Mary Am., April 10, Hand some l y Piiiite l :l " 1" was published, Six Engravin,gs of in 41n., and illustrated by Four Maps, Natural History, and Twenty-four Cop- Per Plate Engravings, executed in the best manner by Ed ward I.i 'l ll' l " s elt, from Drawings made on the Journey by Lieut. flack iind the late Lieut. V Hood, price 41. 45. ARRA'FIVPI o f a JOURNEY from the ~t.,11 ‘ Shores of FII.ON'S BAY, to the Mouth or the the -ul'l'Llt MINE RIVER ; and from thence, in Canoes, a l ong cs„ as t of the Polar Sea ttpwards of Five - ,Hundred Miles , 411, 1 of the Return of t he Expedition, OVERLAND, to Hudson's Bay, Btc. BY CAPTAIN JOHN FRANKLIN, R.N., tory,lV: tli I j n o t i\IN,;(, elitille'inxti'ianAclit.lllesirlaso,lolnlNii'll,eg OE-Natural E l ,s k i lxi . r g ee . dci s ttsi u o v n g . eots to be ' E li ::: by pedition. L:tute , r t a ( !i r et t i i , m i, titl Earin o a w at p h o u h r l i is t h , i o n t g i e,under i itshNetadjiersetcyl"s"Prallllld ant nom y cipal Scretaries ofState Printed for John Murray , Albemar le-street, London. """".----?--"'"..........---_ • Prom the LONDON GAZETTE, April 15. T th [Thil, Gazette announc es e a * t 4 . to u pputn ruent of Wm. Barton, th 4 e '"gt' of Honour in Ordinary to his Niajesty and • presentment of the Rev. Curbet Hue, D.D. to the Deanery of the W and of Jersey.] . i l / 4661 A . I s ttins, S. . BANKRUPTCY ENLARGED. Great Portland -street, Chemist, from April 5 to • .- ur al the Bankrupts' Court. BANKRUPTS. 89, and May 27, at T. Lloyd s 11 ' •a, Hereft;rd rocer, April 29, u,. ; % -e 'ret at tl:e Bosh Tat:e g rn, Bristol. Attorneys, Messrs. Li'''g c l and Quilter, Red Lion-square, London ; and Mr. ..are, Britol. ' I. Suwden,juNlVakefield, York, corn-factor, May 22, e 3, a' rd 27, at eleven at the Sessions House, Wakefield. Attor- W l)e ,atr i t l i r d * . Lake, C.ateatott.street, London; and Mr. Taylor, 11J. Bicker), Burslem, Stafford, batter, at eleven, at the Legs , Mari Inn Iltir 1 „nd ' 5 "" Attorneys, Mr. Watford , Gray's Inn, an Mr, Harding, Burslem. 7thrl. Hewitt Pr' .• t t Drtiry-lane, printer, April 19, Itl;rand inta.s-s tee . Ni 4 y 27, at eleven, at the he Bankrupts' Court. Attorney, • Farris, Surrey-stieet, Strand. c, ,Pratt It , Areher-street, Westminster, ironlotlndir, I `t IN and May 27, at twelve, at the Bankrupts' Court. At. April ar ,eY, Mr. Shiite', M ill hatik-st Feet, Westminster.. - ;,', Pet l . a.College.bill. London, packer, Apra 26, at eleven, -.' to, and 27, at tweloe. at the Bankrupts' Court. Attor- IleYt, Nlestrs. Knight and Pylon, Basingliall•street. m f . ""11, Arnold Nottingham, April 28, 29, and May 27, --/,' *level), at the Punch Bowl, Nottingham. Attorneys, Mr. "al,liinson Nott' I • a nd M • • Fuller and Saltwell, c. a . , ing lam , essts. • Ron Chambers, Itegentstreet• . . • ; 'I .1 4. '. Rigby. Liverpool, prter-dealer, May 5. 6, and gi '1 at p e n, at th e Star and Garte o r Tavern, Liverpool.- Attorneys, r ' 81'-'el• Queett-strert Cheapside Loudon; and Messrs. ~ Atkinson, Lire ' r tool .1. ) ' • 1 . 29, , Ptir ey, 01.1 Kent-road, Surrey, egg salesman, April eF, M td May 27, at one, ttt tbe 'Bankrupts' Court. Attorney, r i ...v est, Red Lion -street, Wapping. 1 , 11 , P Clement, Winchester !louse, klroad‘street, insurance. ‘gaa r er, Ap r il 26, May a: and 27, at ten, at the Banktupts' o . 1 !. t• Attorney. Mr. Wadeson, Austin Friars. . a nd , I ; l . o field, Salisbury, CV ilts.linett-tlraper, April 19, -2 6, rci e '''ay 27, at eleven, tit the. Bantu - ups' court, Atturot ys, 114. Walker, Rankin and Richards, Iltsin4hall•street. t (Dividen ' 6, - IC. iv-Morrotr. ,),, HOUSE OF COMMONS. The Gallery was crowded at an early hour this morning, in anticipation of the debate fixed for this evening. The SPEAKE a took the Chair at four o'clock. Sir Costrrow DOMVIL LE took the oaths and his seat for Bossiney. . Sir W. LEMON presented a Petition from Penzance against the Hawkers' and Pedlars' Act.—Laid on the table. Mr. GOOCH presented a Petition front Woodbridge, against the Insolvent Debtors' Act.—Laid on the table. ROMAN cATnomc CLAIMS. Mr. GOOCH presented a Petition from the Archdeacon of Sudbury, praying that no further accessions may be granted to the Catholics.-I,sid on the table. Lord 0. SOMERSET presented a similar Petition from the Clergy of the Deanry of Stowe.—Laid on the table. A similar Petition was presented from the Presbytery of GlasgoW.—Ordered to be printed. A similar Petition, numerously signed, wits fresented, and laid on the table, from the Inleabitants of Mansfield, in -Not tingham. • • Sir 31ONTAGUE CHOI4MELE' presented a similar Pe. tition from the Aldermen, BUrgesses, &c. of the town of Grantham.—Laid on the table. Mr. GROSSE rr presented two petitions of a similar !ulnae from places in Wiltshii e.—Laid on the table. _ Mr * . WETHERELL presented a similar petition from the 51avowand inhabitants of the City of Oxford.—Laid on the table. General ARCH DALL, Member for the County of Ferma nu,,,,b, presented petitions signed by two thousand inhabitants of different Varishcs in that county, against the claims of the Roman Catholics. Mr. (; RATTAN presented a petition from the County of Wicklow, deprecating the late ex-officio Prosecutions in alb lin, as contrary to the merciful spirit of the .4ritish Constitution. Laid on the table. A petition was presented from the Chamber of CoMmerce at Newry, praying for an equalization of the Duties on East and West India Sugars.—Laid on the table. The Joint-Tenantry Bill (Ireland) went through a Commit. tee, and the Report was ordered to be taken into consideration on Friday se'nnight. DIVISION OF COUNTIES BILL. • This Bill went through a Committee. Sir THOMAS LETHBRIDGE observed, that thos e Gen tlemen who • had originally opposed this Bill had since with drawn their opposition, upon beComing acquainted with its na ture and provisions. e The House resumed, and the Report was ordered to be re ceived to-morrow. • Mr. RUM BOLD presented a Petition from the Ship Owners of Great Yarmouth, against the Nezunan's Apprentice Bill.— Ordered. to be printed. The Bill for the Consolidation of the Acts relating to the Slave Trade was read a first time. APPEALS TO TILE HOUSE OF LORDS Mr. KENNEDY rose to ask for information on a subject Which was of vital importance to that part of the empire which had done him the honour to send him to that House. Ru mour had asserted that it was the intention of his Majesty's Government to effect some arrangement for ensuring the dispatch of Appeal business in the House of Lords, and it was the object of his present application to ascertain what was the nature of the remedy proposed, or if any was in con templation. . Mr. secretary PEEL said, it was true that the subject was at present under the consideration of his Majesty's Govern ment; and at an early period, l►e had no doubt, he shdiild be able to furnish some information of the result. Mr. KENNEDY expressed a hope that the proposed altera tion would be laid before that House before it was carried into effect. EX-OFFICIO PROSECUTIONS IN IRELAND. Mr. BROWNLOW addressed the Chair, and said that he rose pursuant to the notice he had given, to submit a motion to the House relative to circumstances which Involved the purity of jurisprudence in Ireland, arising from the occurrences of the 14th of December laSt, and which faceted most seriously the public character of his Majesty's Attorney-General for that country. Whatever might be the ultimate fate his motion was doomed to experience from the House, he was satisfied that every Honourable Member would agree that the subject was one as important as had ever come before them. It was a question not only concerning Irishmen and Irish feelings, but it came home to every man's bosom who found protection in the law and the Constitution. It was the more important because it was alleged that the conduct which was pursued was an unwise departure from the usual course of law, and an unjustifiable exercise of the King's Prerogative bY his Majes ty's Attorney General. Such, then, being the outline of the case, so important in its nature, and in all its bearings, he found that some would think hint bold in venturing upon a question which might be called one of law, and that ha ought to have thrown it into hands more conversant with form 'and the pro. ceedings of the,CoAirts. He was aware that many lionounible Members would find him deficient in all that technical aid and legal knowledge, which would materially assist the discussion. of the case. But though the question might involve many law point, it involved more general constitutional prin ciples which every man in the country should understand, and every man in that House stand forward to defend.. — (Hear, hear!)--It concerned not Irishmen, alone, but every person in those realms who worked upon the intervention of a Grand Jury, as a chief protection to his rights. It is one strict ly consistent with Parliamentarrusage to bring forward. Ile looked upori it not as a question of law between one individual and another, but as a question between the King on the one hand, armed with power and prerogative and unarmed and un protected subjects on the other—( Hear !)—There were some .people who thought, as the question app e ar e d t o hi m o f so muc h importance, that he should not have allowed it to slumber so long. To those he was disposed to offer every ap010,,, , ry in his power. If that proceeding had taken place in England, where no man dare invade, for a moment, constitutional principles with impunity, not a day would have been siiflered to escape until it was brought before the House and the country. If the decision of a Grand Jury was not only set at nought, but vilifi ed and condemned ; if the opinions of Juror's were disregarded because they did not chance to tally with those of fiis Majesty's Attorney-General; if every 4itupetation was directed against Ut in conspectu anus libertas delete sit. He (Mr. Brownlow) asked his Majesty's Attorney-Generid for Ireland, if it was his intention to attempt the subjugation of. England, by destroying the benefits of the Constitution in the sister country ? Did he seek to establish a source of corruption in the extreme part of the empire, which was to work its way to the heart of the Constitution ? • He would ask any lion. Mirnher about him, what his feelings would be, to see the country broken in spirit, and made bankrupt by such uncon stitutional proceedings ? He believed there were very few in that Muse who were not acquainted with the circumstances of the dressing a statue of King William in Dublin on the 4th of November. The custom was one at least one hundred years old, and he recollected having seen a Proclamation, in which a large reward was offered for the discovery of the person who stele the truncheon from the hands. of the statue on one of those days of ceremony.--(Hear, and laughter.).—lt seemed on the arrival of the Marquis of Wellesley in the country, that he was not inclined to support this loyal .millinery, as it was called, and the Noble Marquis refused to countenance a prac tice which he (Mr. B.) was ready to admit was most mis chievous.—(Hear, hear !)--He was well aware of the delicate ground he was treading upon when speaking of that ceremony, and he was not inclined to enter upon objectionable topics.— But as his Majesty's Attorney-General had put the case, he (Mr. B. felt himself called upon to declare that he would have equally protested against the deviation front the law if the same proceeding had taken place, and if the House asked to admit it asa precedent. He would not have shrunk from the same duty which he had then undertaken, if the oppressed and per secuted parties were Roman Catholics, and the Aitorney-Ge neral himself the Grand Master of an Orange lodge.—(Bear, and laughter.)—ln treating the question on general grounds, Ile had nothing to do with the party politica winch were intro duced only to divert the attention of the Howie from the real merits or 'dements of the subject. The prevention of the dress ing of the statue was the cause of much pride and exultation on the one side, as it was of depression and mottification on the other. An outrage followed shortly, which he could not sufficiently reprobate; and an insult 'was offered to the repre sentative of Majesty in Ireland—to a Nobleman whose charac ter anti talents promised happiness to that country by his Go vernment. The feeling of indignation was prompt and general throughout the country against the parties concerned in the insult. He spoke then the language of the whole country, when he used the strongest terms of abhorrence against them. Had the measures which were brought forward been only guided by common prudence and temper, they would have been met with approbation from one end of the country to the other. But when his 3lajeety's AttorrieyAieneral, in an tin. lucky hour, spoke of assassination, ridicule, the most powerful of all weapons, was instantly directed against hint anti all his subsequent proceedings. From the conduct - of his Majesty's Attorney-General an argument might fairly be raised, to what lengths a public officer, vemovible et the pleasure of the Crown, will go at the instance of the Crown, or perhaps from his own irritated feelinge.—(Hear, hear! from the Op position.)—lle asked from what occurrence could the accusa tion of an intended assassination be made out? or in what manner was it shown that it was to be car.ied into effect ? Wail the Lord Lieutenant to be assassinated by hissing hini—a Wellesley of all others to have his fears excited by the silly clamour of a mob.—(llear, hear!)—To show the House how well the circumstances of the case tallied with the charge of' an intended assassination, he would inform the House of ilia relative situation of the parties. The Lord Lieutenant sat in a box on the left side of the theatre, in a re. cess on a level with the stage. Th e assass in s went to the same side of the House to the gallery —to a place where they could not see the object of their vengeance, and the most inconve nient which could be selected for their object. From that spot it was impossible to reach his Excellency with any weapon or missile, unless from such a gun as was known alone in Ire land, and which /lad the peculiar power of shooting round a corner—(Laughter)--and at an object which was neither seen nor aimed at.—(A laugh.)—He asked if ,men in possession of their faculties ever made choice of such a place for such an ob inet ; or if ever men came to assassinate the Chief Magistrate of a country, and with a rattle and a bottle--(Hear, and laugh ter.)—The parties, however, who became the objects of suspi cion were.taken up, and lodged in gaol. The four walls of die t t and tilers were they left to p ass their sureties, outrage wok place on the 14 t h prison ri c s a t i t t i r as d h i o e i i i r da s y nle of December, and on the Monday after the Lord Lieutenant, through his Private Secretary, returned thanks to Mr. Mulli gan for his defence. Ile heard a great deal about packed Ju ries, who went together against law and evidence from politi cal sympathy, hut in the present case the feelings of the whale of Ireland were packed together by ill-timed addresses, and still More ill-timed answers. At last the Assizes came—the Oyer and Terminer arrived, and then it was intimated, for the first time, that the capital part of the charge was aban doned, which notice `was accompanied by a declaration that the evidence was sufficiently strong to bear out the capital as the laws were ' in mercy. For his n co e m ve lLe so int iow l ,.. e r i t t lii th a a s t w i i t len was ath a n b i r is t i t er ong part he ventured to say, that if the Attorney-General had really evidence to subsutusiate the guilt of the partit, it was his duty to proceed to the last rigour of the l aw aga i nst t h e M , " 'lr raercy wa s t w i ce Mas assassins. To talk of i a i n i e d r c e ; i t i n rP s a u t d e ed; bleseing him that gives and him, that r ece ive s. " W as - i t I fm a c m as t e h s e .as cot r i i n itu tr z y ul a ous_ nest mercy to these men to leave them subject for life to an odious charge ? anti was it mercy of his Majesty's Attorney-General to act as he bad done in the matter betwe en t h e King and the people, against niea, on evidence which he was afterwards afraid to peoduce in a Court of Justice against them ?—(llear !) ---The infermations on which the warrant of committal was faunded should be before the House,, As the case then rested, no men could say whether they bore out that proceeding. It was easy for his Meresty's Attorney-General for Ireland, with theni in his poesession, to jaetify any steps be had taken, at least to himself; but the House could not come safely to a con clusion in the absence .of the papers ; and when they were refused, he (Mr, 11.) cou ld n ot divest himself of the suspicion that all was not right, or that sonic flaw existed which required all that conetalment. They were told, that if the infornitition was granted, it would be to establish coargesagainee the m ee epetrateg. It was, h o wever, with his Majesty's Attorney, General that the !rouge had to do, who took the case not of the hands of the police-officers, and brought it to the Castle-yard. Such was the fact ; it was rat only done within his knowledge:, but by the direct orders of Ids Majesty's AttorneyaGeneral.— If that officer was so fond of exaafficio informations, and if he had been deceived by the witnesses who had - Induced him to prefer a charge of assassination against the Lord-Lieu . tenant, he , should have turned against them the weight. of his official vengeance, and have persecuted them for malignity the capital charge was abandoned the bills were sent up to the Grand Jury, one of which was ignored, and the other for a riot only found. If the one was thrown out, perhaps the Learned Officer might have to blame an omission of his as the cause.._ He neglected to add in the charge against the two individuals, the words cunt mulas aliis. The Bight Hon. Gent. stigmatized the prisoners as members of a gang leagued together for pur poses hostile to the Governm e nt. Upon the merits of this gang, as it was called, he Dir. 13.) would make but one remark, that if the Attorqy-General altered his political bias, or if his successor in office as his predecessor had done, enter tained different opinions, the tables would then be turned, and these men would - then be called the best friends to the existing state of things. The truth was, that men's loyalty was ever measured by the extent of their concur rence in view with those in office. Half this House might be called a gang,in the fashionable acceptation of the word. Op. position Economists, and.Refonners, all those whose object was to make Government change their measures, were thus a gang. This latitude of conetruction would make every man an agita tor, and every set-of men conspirators. The ex-officio informa tion would arraign those who dared to think for themselves, and perseseuee all who fpni.Goverament. The °rens oftlit> law were none:e free front the operafron of this principle, ttietti the accused who • were made the objects of its application. By the sweeping attack of the Attorney-General, the Grand Jury who ignored the bills were identified with the party which be wished to make them an instrument of suppressing. When the result of their judgment was stated in open Court, the Right lion. Gentleman expressed his surprise. Ile hoped the Grand Jury had done their duty—called their attention to the sacred ness of that duty—warned them of the crime of perjury, and told them that the manner in which they had fulfilled their oath was between God and their consciences. He gratuitously stated the obligation which theirconduct imposed upon him, of taking ulterior steps. Placed individually by the Constitution in the room of the 23 sworn Grand Jurors, he avowed his resolution of reversing their jtulgnient, by bringing these men to another trial ; as if the rejection of the bills furnished the best evidence. of their guilt. Why was all this ?—why was the constitetiOnal tribunal of a Grand Jury thus to be trifled with ? Since the Revolution, the history of our judicial proceedings furnished but one other instance of such an arbitrary interference.— That was to be found in the case of Sir George Jeffries.— He disclaimed all intention of personal offence in snaking the comparison. He wished not to liken that infamous Judge to a highly popular prosecutor, firmly believing that their characters were as far asunder as the Poles, and as unlike to each other as vice and virtue. He re gretted that an act common to both should' have put them in juxta-position. The conduct of Jeffries upon a certain oc casion was still remembered for its illegality, as his memory was eternized by the execration of his countrymen. In 1680, whilst the measures of. Charles the Second were provoking, the nation to that resistance which proved the ruin of his family, a bill of indictment was sent to the Grand Jury against Francis Smith, for.having eompOsed a certain malicious,, scandalous, and seditious book. The Jury weighed the charge, beard the case, and wrote upon ttit bill ignoramus. Jefleries was ilis pleased, but lie feared to violate the boundaries of constitutional law. Pursuing the course recommended by Blackstone under such circumstances, lie caused a second hill to be presented, Which was again ignored, and it was net until the failure of the fourth attempt that he saw the futility of moulding the Jury to his 'purposes. What did he then do? File an eaegfileio infor mation ? No, but the very next day lie ordered the prisoner to he discharged by proclamation.---(ilear, hear )—This fact in itself would prote the illegality of the practice. The forbear.. ance of a profligate and corrupt judge, in a reign distinguish. ed for a systematic violation of constitutional law, furnished an argument against the filing of e.t-officio informations under peculiar circumstances, which was incontrovertible. If Jellifies could have found a warrant from the Consitution for filing them, lie =who understood the advantages of a summary prosecution so well, would have availed himself of it. True it was that he had the Jury called into open Court, and addressed to them language not very remarkable for its moderation, concluding with the sen tence that the matter was entirely between GOD and their consciences."—( Hear, hear,. hear !)—lt was singular that ex tremes should thus meet, and that there . slionla be such a coin. cidence of expression between men whose political sentiments differed so widely. But if ex-oficio informations were to super sede Grand Juries, the constitutionateffect must be the disuse of that ancient and constitutional tribunal, in all cases where the prerogative of the Crown and the liberties of the people came to clash with each other. The importance of the Grand .Jury, however, in his eyes was such; that even admitting that those individuals were guilty, he thought it better they should escape with impunity, than that the administration of the law should be brought into contempt. " The trial by Jury" said Blackstone, or the country per patriam, is also that trial by the Peers of every Englishman, which as the grand bulwark aids liberties, is secured to hint by the Great. Charter ; " nullus fiber home capiatur, vel imprisonetur, aut exulet, ant aliquo alio modo destruatur, nisi per judicium, parium suorum, vel per legeni terrre." The antiquity and excellence of this trial, for the settling of civil property, has been before ex•. plained at large. And it will hold much stronger in criminal cases, since in times of difficulty and danger, more is to be apprehended from the violence and partiality of Judges appointed by the Crown, in suits between the King_ and the subject, than in disputes between one individual and another, to settle the metes and boundaries of private property. Our law hail, therefore wisely placed this strong and twofold barrier, of a presentment and a trial by Jury, between the liberties of the people and the prerogative of the Crown. It was necessary for preserving the admirable balance of our Con stitution, to vest the executive power of the laws in the Prince ; and yet this power might be dangerous and destructive to that very constitution, if exerted without check or controul," &c.. And again—" But the founders of the English law have with excellent forecast contrived, that no man should becalled to an swer to the King for any capital c:inie, unless upon the prepa ratory accusation of twelve or more of his fellow subjects, the Grand Jury ; and that the truth of every accusation, whether preferred in the shape of indictment, information, or appeal, should afterwards be confirmed by the unanimous suffrage of twelve of his equals and neighbours, indifferently chosen, and superior to all suspicion. 6o that the liberties of Eng land cannot but subsist, so long as this palladium remains sacred and inviolable, " &c. From the disuse then of Grand Juries, may be dated the decline of British liberty. It would however, be more manly at once to abolish this tribunal than to mock the people with the appearance of that which they did not in fact possess. To the opinion of Blackstone was to be added that of Lord Somers, as to the reverence in which Juries should be held. It was unnecessary to say that all the attempts to destroy civil liberty in England were first directed to the abolition of the trial by .IMy. The cases of ,Empson and Lord Dudley should not be omitted. These persons en deavoured to bring the institution into contempt, which wits more criminal than if they had tried openly td suppress it.— In a British House of Commons, he did not deem it necessary to show by authorities how essential to the liberty of the subject trial by Jury had been considered. The principle was recog nised in all the early Satutes., and enforced by all the writers on British law. Lord Coke declared that by law no man should lie attacked but through his Peers. Sir Mathew Hale had stated that the regular and constitutional mode of .pro ceeding for any offence was by indictment. These authorities, however, were not to be understood as proving that any other course was illegal. He would with to establish the illegality of c.r.eicio intormations, but he despaired of being able to do No. But though they were not illegal, he had no hesitation in saying that they were contrary to the principles and reasoning of the British Constitution.—(Hear !)—Usage and precedent alone Could justify their propriety. But in the application of them in this case, he contended there was a great want of both.— From the Norman Conquest to the present time, there was no example of an ex-officio information being filed after the bill had been ignored by the Grand Jury. He denied that the case of Dudley More was applicable to the purposes of the Attorney-General. The case referred towns this;---in 1712, a play was brought out in Dublin, in which King William was ridiculed in the prologue, but Queen Mary was most extrava gantly bepraised. Queen Anne, jealous of the encomiums be stowed upon her predecessor, forbade the recitation of 'the ob jectionable appendage to the Piece. Dudley More, who coml.. tiered this an arbitrary interference by the Court determined that the prologue should not be euppressed, and he accordingly esniped from the box upon the stage, and spoke it at length.— Tins =duct gave much Umbrage to the Court, and More was indicted for a not. The Grand Jury ignored the bill, but, bysome mistake, the foreman wrote upon it " 'hue bill," instead of" No bill." in this state it was returned into Court, and the defendant in form called upon to plead. The Juiy, however, soon is. covered their mistake, and making affidavit of the true state of the ease in Court, the bill was quashed. The Attorney- General, however, said he was endued with powers of still bringing the defendant to trial, and he accordingly filed an ni efficio information. Between this filing, however, and the trial, the Irish House of Commons met, and as the affair bore the're:, semblance of oppression, some party man—as he (Mr. B.) would possibly be called, moved for the appointment of a Cam, mittee to inquire whether this course was warranted by prece dent. The Committee reported that there was no case on re-; cord in which an ex-officio information had been filed after the Grand Jury had ignored the bill. So far, Aherefure, from this being a case in point for the Attorney-General, it; was rather a beacon to warn off' the Right Hon. Gentleman front pursuing such a course. Any extraordinary powers with which the Attorney-General was agreed, lie ought to have -exercised in tenderness - to the subject rather than in oppressing him. The charge then against the Attorney-General was that of having adopted a harsh, unconstitutional, and unprece- , dented course of proceeding, which tended to the oppression of individuals, and to the injury of the cause of public justic.e.— ( Hear l)—It did not follow, however, that because an individual had a right of preferring a second 'indictment against a fellow subject, that the same power should be enjoyed by the Crown. There was in the proceedings of private individuals 3 degree of reapOnsibility which'did not attach to the Attorney-Geneial. The abuse of the preivitive had proved the ruin of Charles the First and James the Second. In this case, if it was not applied illegally, he should contend that it was administered to the oppression of the subject. But the question was not, whe ther this proceeding was legal or not, but whether it would have been resorted to in this country ?—(Hear!)—lle called upon 'the Law Officers of England to state how th e y wou ld act under these circumstances. Suppose his Majesty's Secretary of State for Foreign Affairs was to go into the theatre; that a party of Englishmen, who sometimes are impudent enough to think for themselves, should he of opinion that the cause of Spain had not been sufficiently attended to by him; that having met at a coffee-house near Covent-garden, they had agreed not to assassinate, butte hiss the Right Hon. Secr e t ar y from the House, or even to do some act which would if po ss ible drive him from his Majteuy's Councils ; that a bill of indictment was preferred to the Grand Jury, and ignored, would an English Attorney-General venture to file an ex-officio information after; wards, whatever commands he had received to do so ?—(llear, hear!)—lle certainly would not, for he dared not, as it might be as much as his situation, or perhaps his life, was worth, to appeal from the decision of a Grand jury. Why, then, shaluld things be managed otherwise in Ireland,—why should that which would be most improper and intolerable here, be 'con sidered at the other side of the Channel as just and legal ? Having said thus much, he supposed the House would be Pad to hear that he was drawing to a conclusion.—(hear!)-It, in ? the course of the observations he had made, he had spoken lit warm and unmeasured tones, he wished to apolog:ee for them. It was his duty to draw the attention of the House to what he conceived to be an act of arbitrary and oppressive interference on the part of his Mejesty's Attorney-General ; and in the dis cussion of such a subject, he had not an entire controul over him feelings. He had never spoken to any Irishman, either Catholic or Protettant, who did not express the warmest in dignation at these measures; and he was sure that if the saute impression were not made upon a lAritish House of Commons in a cause vitally interesting to British liberty, it was attri- Instable less to the goodness of the cause, than his ability to do the subject- justice.—(Hear, hear I)—The Hon. Member con. eluded by moving, " That it appears to this House that the conduct of the At torney-General of Ireland, in regard to the persons charged with a riot at the Theatre-Royal, Dublin, on the 14th of De cember last, more particularly by putting them upon their trial on an ex-officio intormation, after bills of indictment had been ignored by the Grand Jury, was unwise, contrary to the prat nee, and not congenial to the spirit of the British Constitutiott, and ought not, therefore, to be drawn into a precedent here. after." The motion having been snonticd, Mr. PLUNKETT rose.—The House, he said, would not be surprised at his feeling some degre: of embarrassment in offering himself to their notice, under the circumstances in which he was at that moment placed. He had listened with attention to the statement of the lion. 3lember who had just eat down, and shared . in common with every Gentleman present, the pleasure de: rived from a display of so notch good feeling and ability. Ile. wished to be the first to offer his ineed of admiration of the manner in which that Honourable Member had l a id hi s case before the House ; t instead of aceepting his apology fbr any indiscretion of which he supposed hints* guilty, is appeared to him (Mr. P.) that under all the eircuitistimees„ the Hon: Member was rather entitled to praise for his moderation, than censure for his warmth of expression. But whilat he this gai-e him the due acknowledgment of his merit, he bad to complain to the House that the Ilimourable Member had taken too wide a 'field, and indulged in too great a latit u d e o f o b servat i on in bringing his charge against the individual who now stood before them ; for he appealed to the justice of every . Ho nourable Member who heard him, whether.. i n prefer:leg a specific charge of having abused the prerogative of his office, by filing an exonyieio information for a particular offence, after a Grand Jury had ignored the bill, it was fair to involve him in all the odium and constitutional unpopularity to which the application of such a power was at any time exposed. The Honourable Member had arraigned the right o f the Crown under any circumstances to file an ex-officio information, and his argument was intended to show that no case could arise in which the interference of the Crown by . ex-officio, or of the Court of King's Bench by criminal information, could be justified with, out a prostration of that barrierbetween the prerogative of the Crown and the rights of the people, which his eloquence had been for sonic time employed in erecting. Ile would prove that no trial should take place criminally without the in tervention of a Grand Jury: With this doctrine, he (Mr. P.) was not now going to struggle, he only wished et present to protest against being committed to all the odium which at. tended ex-officio informations from their first institution. He wished the Hon. Member and the House to understand that lie was not guilty of importing to this country so dangerous a pre rogative, nor could fie charge himself with produ ci n g .any bail effect on the laws of Englund, by the example which he had set of it. application in the sister country. The power of filing such information was known to the British law long before either his name had been heard of, or fax public acts taken notice of. Of all the legal institutions of the country there was no principle of more decided le gality or decided antiquity than this. He did not mean to say that the principle it' objectionable, derived. a ny a ddi t i ona l sanction from its long standing; but he could not help ex pressing his surprise, that it was so very contrary to the spirit of the Constitution, the experience of a thousand years should not have opened the eyes of our ancestors to the prdpriety of 'dispensing with it. Perhaps it ought to be dispensed with : he was not arguing whether it ought or ought not; but. heesked why was he to be eelected as the object on width all its imp°. polarity was to bellisited? Or why his name was to be coupled with that of Jeffries, of infamous memory ; or Enipson and Dudley, whose lives covered their own beads with shame, and brought misery upon their country! It was hard that fist the errors of a thousand years should be visited upon him, and that, after so long an experience, the Grand Jury of the county of Armagh should address their Member now, for the first time, to call th e l ega li ty o f t hi s institution into question. He (Mr. P.) was bound to say that, in the manage ruent of this question, the Hon. Member had shown a deX.- terity . which he could not help admiring. By mixing it up with the rights of Grand Juries, and the removal of the harricr between the throne and the people, he had touched a chord to which every British heart must respond. ~ B ut did he mean to say that there was no other inode of criminal proceeding bat through the medium of a Grand Jury ? That this was the most constitutional course to pursue he (Mr. I'.) admitted, and he agreed with the lion. Member that no conduct on the part of' so respectable a public body could warrant Jeffries in the observations which he addressed to them. But could he deny that it wait postale for one man to do his d u ty, without ques tioning the manner in which any other man or ea of men did theirs? He called upon the lion. Meniber to say whether, when the Grand Jury returned with their decision Into Court, although that decision filled hint,_ the Court, anti the audit'zjt with wonder , . he at. all charged them with pot having. atone their duty. lie expressed a hope that they had dente their duty, hat declared his. resolution of doing his, a resolution to which, a ka tiott's help. he would adhere. After all that he bad hearth and notwithstanding numerous and powerful party 17 which his actions had beencriticised, he could not yet persua himself that hit had done any thing contrary to law or the Constitution. Under these, circumstances, then, he threw him self upon the honour of the lion. Member and the lioute, whea ther it was fair to compare his addrees to the Grand Jury to the disgusting Billingsgate, with which Jeffries reprimanded tae Grand Jury In the causie alluded to ?—( Hear f)—The niodcatt * doe of Jeftnes in sending bills three several times to the Jury,