The Sun. — London, England, 1834-02-14 00:00:00

almost all, that they were not in the hatit of tak ing notes of the time or of being spies on the Judges, and could not, therefore, be particular as to the exact time so hen they were in the habit of sitting. There was one occasion, however, on which they stated that the Hon. Baron Smith di,' not sit at Armagh till three o'clock ; but on that occasion Baron Smith had been obliged previously to sit on a cure at Monaghan be fore going to Armagh, and consequently the business came on at the latter place at an unusually late hour, and the Learned Baron thought it his duty to sit later than usual. But the practice of not going into Court in Ire land so early as was the practice in England had obtained long since. It had not commenced with the Learned Baron whose conduct was now before them. The Judges in Ireland were not in the haliit of going into Court till eleven o'clock. He (Mr. Shaw) admitted that it would be better if they were to take their seats at nine, as in England ; but while be admitted tv at, be must remind the House that it was the universal custom to act other wise ; and, being universal, it ought not to be attributed as a fault in the Learned Baron. But after all, it was proved by the return made that the average times during 'which the Court sat on circuit were from half-past eleven 'o'clock in the forenoon till six or seven o'clock i❑ the evening. He therefore did not think that there was any grounds, on the score of late hours, for the motion of the Hon. and Learned Member. With respect to the charge delivered by the Learned Baron, on which strong animadversions bad been made, he observed that great stress was laid on the circumstance of there being only seventeen cases to come on fir trial. Now the Learned Judge himself assigned this as a reason why he should descant upon general topics, and not keep strictly to the crimes in the calendar; and he (Mr. Shaw) thought that the reason wee a good one. But supposing that this were not the case, and admitting that there were no cages of a political nature then to come before the Court, was that the case on the previous assizes ?—(Hear.) On the former assizes many had been tried for conspiracy and 'other political crimes, and it might, therefore, be the duty of the Judge to warn the people against such persons as deluded them by agitation and other factious means. If those crimes were as common in England as they were in Ireland—for it was on the difference of the state of the two countries that the whole question rested—would it be unbecoming in a Judge to raise his warning voice against the promulgators and encouragers of those crimes ? (Hear, hear.) If Ireland was racked by political agita tiOn—for there was the evil in Ireland, that the peace of the whole country was destroyed by those political dis turbers, who openly broke the spirit of the laws while they evaded coming within the letter—(Hear, hear)—if such was the state of the country, were the Judges ❑ot to he allowed to raise their voices in favour of the spirit of those laws of which they should be the guardians? Were they not, as the Learned Baron said, to be allowed to say, " I hate the misleader, while 1 pity the misled ?" What did his Majesty in his speech from the throne say? He said it was with feelings of deep regret and just indignation he bad seen the continuance of the attempts to excite that country to demand a repeal of the Legislative Union ; and whe❑ his Majesty himself made such a declaration as this from the throne, when the whole kingdom rung with the same f eling, were the Judges of the land alone not to be allowed to raise their voices against such delu ders?—(Cheers.) But this was not the only charge made by the Hon. and Learned Member against the Irish Judges. He also charged them with political turpitude and partiality. Would the Hon. and Learned Member venture to lay his hand o❑ his heart, and say that the Judges of Ireland were really partial?—(Hear, heir.) He (Mr. Shaw) was sure he would not. He would now allude to another Learned Judge, who, when a political character, was a consistent supporter on that side of po litics to which the Hon. and Learned Member himself belonged, but without carrying his views of things so far as the Hon. and Learned Member. The Hon. and Learned Member, however, did not appear to consider those who sliti not go all the lengths with himself to be at all of his party. There were Honourable Members for the counties of Wexford anil Dublin, and for the county of Cork, who, though they 'did not go quite the same lengths with the Hon. and Learned Member, still sup ported the same views generally; yet, because they would not follow the Hon. and Learned Member in all those plans and schemes into which lie would lead them, he treats them with more harshness and distrust than if they were his political opponents.—(Hear.) The Hon. and Learned Member seemed determined to attack all who were opposed to any thing like good order. First he attacked the Magistrates, then he attacked the Juries, and now he attacked the Judges—(Hear, and laughter)— because they opposed the system which he would fain establish. But, laying aside special pleading, the fart was, that the Hon. and Learned Member for Dublin had been pointed out by the Learned Judges as a perso❑ likely much to prejudice the country, and this motion was the consequence. The Hon. and Learned Member then re marked, that the Commission of Queen's County, and the G .vernment, had published a charge delivered by Baron Smith, which showed that they approved of the spirit i❑ which it was delivered. And what said Chief Justice Bushe, whom the Hon. and Learned Member himself would admit not to be a partisan, as to the proceed ings of the Agitators? He said that those great and delicate questions, which the Judges of the land approach with hesitation, were submitted by them to the misguided peasantry. Such charges were sufficiently applicable to Ireland, in the state in which it was at present, though not so to this country. This showed the difference between the two countries. The evils in Ireland were ❑ot that the letter of the law was broken, but the spirit of it was evaded—(Hear, hear)—and the question now was, whe ther the Government should now take part with the agi tators against the Irish Bench ?—(Cheers.) A person in authority in that country had a very difficult part to play betwee❑ the one party, possessed as it was of great poli tical strength and energy, and the other party, over whelmed as it was with pusillanimity.—(Cheers.) It was true that the Right Hon. Secretary for Ireland had said that the intentions of Government were different upon this subject, and he (Mr. Shaw) had not to complain of that, if a conviction that the contrary was the duty of Government had arisen from the statement of the Hon. and Learned Member, and he (Mr. Shaw) had to ac knowledge the condescension of the Right Honourable Gentleman on that occasion, as in all communications which he had had with him on Irish affairs.—(Elear, hear, hear.) But it was in vain to say that the mo tion, in its new shape, was not a condemnation of the individual charged ; for, he appealed to the House, if the appointment of such a Committee as that de manded did not amount to a virtual condemnation ? I❑ Ireland the Government was accused, and justly, in his opinion, of want of vigour. Two very striking cases of pusillanimity on the part of the Irish Administration bad recently occurred, and must be fresh in the recollection of all. It was pretended in the one case that they could not get legally at the offending party, and that conse quently they were obliged to punish his friend in his s'ead. He (Mr. Shaw) could nut see this. He saw nothing to prevent the Government from reaching the original and principal offender. The party in question openly and fearlessly bearded the Government. He came openly and boldly forward to defend the party arraigned for the offence which be himself had committed. He (Mr. Shaw) need not hesitate to speak thus plainly on the subject, for that individual himself neither made, nor wished to make, any secret of the matter. The instances of want of vigour on the pert of the Irish Government were so numerous, that it justly forfeited the confidence of all sober parties in Ireland. Ile (Mr. S.) repeated, and was sure, that the Irish Government did not possess the confidence of any party. Trey were now lending aid to the Hon. and Learned Gentleman (Mr. O'Connell), in opposition to those who wished, and were endeavouring to put an end to that system of agitation which had so long obtained, and which was now acted upon to such an extent. If every individual should un happily quail under the Hon. and Learned Gentlema❑ (Mr. O'Connell), the consequence must be obvious. There would be an end to all order and justice in Iceland. Mr. Secretary STANLEY hoped the Hon. and Learned Gentleman (Mr. Shaw) would not conceive that he was one of those individuals, while connected with the Irish Administration, who bad shrunk from doing their duty. He bad on all occasions fearlessly done what he deemed his duty. The question before the House ought not to be regarded or treated as a political party question. As regarded himself, he (Mr. Stanley) could conscientiously say, that whatever way have been the predilections or fixed opinions with which be had that night come down to that House on the subj , ct before it, he had enter tained no idea that the Hon. and Learned Gentleman (Mr. O'Connell) would substantiate a case to justify the removal of Baron Smith from the bench. What ever doubts he (Mr. Stanley) entertained as to the pro privy and necessity of an inquiry into the conduct of the Learned Baron, were, he must say, now completely removed by what he bad heard that night. And the H on. and Learned Gentlema❑ (Mr. Shaw) would for give him if he said that those doubts were removed as much by his attempt at defence as by the speech of the Hon. and Learned Gentleman (Mr. O'Connell) who pre ferred the charge.—( Hear, bear.) The Hon. end Learned Gentleman (Mr. Shaw) had undertaken to prop up a weak case: and in the attempt, in the absence of argu ment, had dealt i❑ nothing but declamation against the Irish Government. The lion, and Learned Gentleman had told the House, that in Ireland there was nothing hut violent agitation on the one hand, and weakness and pusi'a lanimity on the other. The Hon. and Learned Gentle man (Mr. Shaw) would excuse him (Mr. Stanley) if he plainly expressed his conviction, that the evils of Ireland arose from a narrow-minded political feeling on the one hand, and from agitation and violence on the other. If the Hon. and Learned Gentleman (Mr. Shaw) as a lawyer, was prepared to prove that Government possessed legal evidence sufficient to convict the party against whom they wished to institute proceedings, be would, in that case, admit the force and justice of the accusation against the Government, of taking a secondary instead of the first, or principal party. IF, he (Mr. Stanley) repeated, the Hon. and Learned Gentleman would say, as a lawyer, that he was prepared to do this, then he would admit the alleged weakness and want of vigour of the Irish Govern ment. The Hon. and Learned Gentleman had referred to the dismissal of a Magistrate by the Irish Government, and arraigned the conduct of Government for that act. The case was this :—The individual in question had suf fered a party procession under his immediate eye, the parties forming it having about them all the insignia of their peculiar political and religious opinions, while he must have known that such processions, under such circum stances, were calculated to lead to a breach of the peace. It was the duty of that Magistrate, as well as every other, to support the authority of the law, and preserve order in the district over which his jurisdiction extended. lie would ask the House whether that was not a case for dismissal ?—(Loud cries of " Hear, hear.") As regarde - 1 the case of the Learned Baron, he (Mr. Stanley) must again repeat that, in coming to a decision on the subject —in making up his mind to accede to an inquiry into the circumstances of that individual's conduct, he bad been ss much influenced by the speech made by the Hon. and Learned Gentleman (Mr. Shaw) in the Learned Baron's defence, as he had been by the speech of the Hon. and Learned Gentleman (Mr. O'Connell) who preferred the accusation. The leading charges against that individual were two. The first referred to the political matter in troduced by him in one of his charges to a jury while on the Bench in Duldin. The other related to his trying causes of great importance in the county of Armagh. With regard to the first charge, the calendar was light, as it appeared it was at this time; he saw no reason what ever for introducing any political matter at all into his charge : nothing in such a case could palliate, far less justify, such a step. Here he begged he might not he misunderstood by the House nor by any Hon. Member. Perhaps it would be found that he differed as much from the Hon. and Learned Gentleman (Mr. O'Connell) as from the Hon. and Learned Gentleman (Mr. Shaw). If the calendar had been heavy, and if it had been the opinion of the Judge that that was in consequence of agitation kept up by seditious and inflammatory speeches, in that case he (Mr. Stanley) would admit it would have been excus dale in the Learned Baron to call the attention of the jury to the fact, that there was a connection between political agitation and crime. If there had been disturb. ances in the place, and those disturbances and their con sequent crimes had arisen from political agitation, and the violent speeches of the agitators, it would, in such a else, have been strictly within the limits of the Learned Baron, who presided on the occasion, to have traced to their cause the origin of those disturbances and crimes.— ( Hear, hear.) In one of the charges to a jury of Chief Justice Bushe, that Learned Judge pointed out the origin of the disturbances in the Queen's County as connected with political agitation—which circumstance led to the Insurrection Act, which deprived the people of their political privileges. There was nothing more in accord dance with the duties of a Criminal Judge—nothing inure in accordance with the duties of every man possess ing influence, than to point out to the deluded victim of the instruments of agitation, the destruction to which the agitators were hurrying them.—(Hear.) But was it to he pretended, that because reference to political matters not only might with propriety, but ought in strict justice, in such a case, to be introduced into the charge of a Judge to a jury, that such matter should on all occasions, or on slight occasions, as in the instance before the House, be so iutroduced ? It had been endeavoured to justify the introduction of political matter into the charge in guess tion, on the ground t',at in the two last speeches of Lis Majesty to that House, reference had been made to the agitation and disturbances which existed in Ireland. There could not be anything more preposterous than to plead the precedent of the King's speech in such a case. There was no similarity whatever between the cases. He (Mr. Stanley) should deeply regret ever to live to see the day when the Ministers of the Crown should be afraid of stating the causes of disturbance, and when a criminal Judge should shrink from stating the causes of crime— (Hear)—but it was not to be supposed, from this, that a Judge was to go out of his way to canvass the question of the repeal of the union, the measures which the Legisla ture had agreed on for the administration of justice in the Irish Courts of Law, with other topics of a kindred kind. All this was quite foreign to his duty while sitting on the Bench. The Hon. and Learned Gentleman (Mr. O'Connell) would forgive him (Mr. Stanley) if, while re ferring to the subject of the repeal of the union, he took that opportunity of stating that Irish affairs received as much attention and engrossed as much anxiety to do them justice in that House, as they would were the object for which the Hon. and Learned Gentleman so vtdously la boured, to be gained.—(Hear, hear.) The Hon. and Learned Gentleman (Mr. Shaw) had imputed un worthy motives to the Honourable and Learned Gen tleman (Mr. O'Connell) in bringing the conduct of the Learned Baron before the House.—(Hear, hear.) He (Mr. Shaw) had no right to speak of motives ; he could have no idea, and had no right to have any, of the motives which actuated Hon. Members in bring ing forward their motions. And here he (Mr. Stanley) must take the opportunity of stating, that the circum stance afforded another proof of the party spirit to which he had already referred as actuating certain persons in Ire land.—(Hear.) He (Mr. Stanley) had nothing to do with motives—the House had nothing to do with motives.— (Hear, hear.) He cared not what were the Hon. and Learned Gentleman's motives in bringing this question before the House. The question for him and the House to consider was simply this—whether the charges pre. ferred against the Learned Baron were founded or not. —(Loud cries of" Hear, hear.") He would repeat what he had said before, that the case made out by the Hon. and Learned Gentleman was such as to justify and call for an inquiry. If such charges were preferred against an English Judge, filling a corresponding station on the Bench, and if such a prima facie case was submitted to the House, the allegations must of necessity be inquired into. The case before the House was such as to demand inquiry. The Learned Baron was charged with serious offences; it was for his friends to prove that they were unfounded.—(Hear, hear.) As regarded the other accusation against the Learned Baron, he (Mr. Stanley) would not say much ; his remarks resp?cting it would be few and short. The merits of that case were extremely simple. The Hon. and Learned Gentle men (Mr. O'Connell) has charged Baron Smith with having, at the late October Assizes for the county of Ar magh, tried fourteen individuals, all accused of serious crimes, several of them with capital offences, after the hour of six o'clock, I% M. and that in one instance the Court sat until six o'clock on the following morning, in the trial of cases of felony. This was most improper and unwarrantable conduct ; nothing could justify it. The ends of justice were in great danger in such a case of being defeated. The Right Hon. Gentleman was proceeding to read from a written document the hours at which the Court commenced and closed sitting on the different days of the assizes in question, when he was interrupted by— An IRISH MEMBER, who said he was mistaken as to the time of the Court commencing on one of the days. Mr. STANLEY appealed to Mr. Shaw whether he was not right, as he followed the statement made on the subject by the Honourable and Learned Gentleman. Mr. SHAW.—I beg the Right Honourable Gentleman's pardon ; I made the mistake. Mr. STANLEY—WeII (as we understood), the mis take is only trifling. An IRISH MEMBER —OnIy of twelve hours. —(A laugh. ) Mr. STANLEY returned—The Learned Baron had, on one occasion, sat two whole nights. He repeated, that he could conceive of no emergency that could justify the trying fourteen individuals, most of whom were charged with capital crimes, under such circumstances. He did not even see what could palliate, far less justify, such extraordinary conduct on the part of Baron Smith. The case must be inquired into. The Judges of Ireland would believe him (Mr. Stanley) when he said, which he d,d with all sincerity and from the bottom of his heart, that he was most anxious to see the authority of the law and the Bench upheld. To do that the inquiry demanded in this case was indispensable. It was with the intention of upholding the authority of the law, and asserting the rights of justice, and not with the view of countenancing or encouraging aeitation in Ireland, that he (Mr. Stan ley) consented to an inquiry. It was in order to convince the II i-la people that the interests of justice should be as much attended to in their country as in England, that he said a case was made out which warranted inquiry. Sir R. PEEL said that the Right lion. Gentleman h id insinuated that the Learned Baron was actuated by political feeling in the matter which he had introduced in th e charge to the jury in the instance before the House. He (Sir R. Peel) could see no evidence of such political feeling. He knew of no man less liable to the charge than Baron Smith. He was a man of liberal opinions on poll hail subjects. lie bad uniformly been the friend of Catholic emancipation. He was the friend of Burke, and had long corresponded on liberal subjects with that eminent individual. Mr. Burke had repeatedly complimented him for his liberal opinions. He (Sir Robert Peel) must say, that during the six years he had resided in I re l an d ( an d during all that time he was intimately acquainted with the Learned Baron), he never knew a man more anxious to sift every case which came before hint in his judicial capacity, to the bottom ; and whenever there was anything that was doubtful, or in favour of the prisoner, to give him the benefit of it.—(Hear, hear.) The Learned Baron was not charged with corruption.—(Hear.) Such a thing was not even hinted. If there ever was a man purer thrin another in the administration of justice, he (Sir R. Rd) believed that Baron Smith was that man.—(Hear.) In these circumstances, then, the question for the considera tion of the House was, whether a case had been made out which warranted inquiry. He (Sir R. Peel) would flirt advert to the other matter referred to—that of trying certain prisoners at the last October Assizes at un seas mable hours. This he would say, and he begged to impress it on the House, that if they consented to an inquiry in this case, they would establish a most dangerous precedent.—(Hear, hear.) Similar plausible cases would he made out in abundance for arraigning the conduct of Judges.—(Hear, hear.) If such a precedent were only once established, they might pass as many laws as they ple•sed for securing the independence of Judges; but all those laws would be ineffectual ; that independence would be nothing better than a phantom.—(Loud cries of " Hear, hear.") Judges would, in such a case, have no security fur their seats, and the interest s of j ustice would he deeply affected by the circumstance.— (Loud cries of " Hear, bear, hear.") Certain charges had been preferred against the Learned Baron last session, but those had failed to he subitantiatel, and now he was charged with introducing political matter into one of his charges to a Jury. The House ought most carefully to avoid instituting any inquiry on other than the most sa tisfactory grounds. Supposing that an inquiry were per• mitted, and it were found that the Learned Baron had been guilty of some petty irregularity—some trifling fault inducive of no mischief, and wholly distinct from any moral turpitude—would this warrant an address to the Crown ? Would this call for the censure of the King and the Parliament, or the removal of the Learned Ba ron ? No ; but at the same time it would be a most dan gerous precedent, and a degrading insult not only to the individual, but to the whole Bench. Because the Learned Baron might have sat a little later than usual, was this a sufficient ground for bringing him under the rod of Par liament ?—( Hear, hear.) Suppose it should . appear that the calendar of the Armagh Assizes in question was fuller than usual, and that in addition to this, the holding of the following Assizes was named for an early period ; and should it appear that the Learned Baron's anxiety not to de.ain the prisoners longer than necessary had induced him to commit this mighty irregularity, if it, indeed, were one, of sitting a little later than was customary, was this ground sufficient for bringing the Learned Baron over from Ireland to take his trial before a Committee of that House, like a criminal—to degrade him to a position from which, whether the Committee found him guilty or innocent, it would be extremely difficult, if not impossible, for him to rise to the honourable and un impeached name he hal hitherto enjoyed ? The mere fact of such an inquiry being permitted by the House would be an imputation from which the Learned Baron could not recover. At any rate, if they were determined to press this charge against the Learned Baron, let it be brought forward in an open, regular, and constitutional manner. Let the exact charge he definitively made out, and let the accused person be impeached before his Peers, before the House of Commons itself, and, if found guilty, be dealt with accordingly. In short, let the same impar tial course be adopted in the case of the Learned Judge as would be adopted with reference to an English Judge. He (Sir R. Peel), however, was far from thinking that there were any grounds for proceeding in this matter at all. The charge against this le trued individual, which had been dropped last session from its utter weakness, and the absence of any sufficient evidence to support it, was still weaker this session, and the means of getting at the truth of the matter touch more inefficient. As to the charge of introducing political matter, why it was admitted on all han le that at times it might be proper to introduce such matter into judicial addresses, on occasions where local crime was occasioned by political agitation. What, was the House to prescribe to Judges the geogra phical limits of their advice or warnings? When the whole of the surrounding country was under the dire delusion of political agitators, was a Judge to he restricted from warning those immediately around him against those delusions? Was it not better that the Learned Baron should warn those whom he addressd against the causes, rather than wait and have to punish them for the effects ?—( Hear, hear.) And at what time was this address delivered ? Was it not at a time when the House of Commons itself bad introduced a Bill, which suspended and paralyzed all law—(Hear, hear)—putting into the hands of a military court the liberty, if not the lives of the people of Ireland ?—( Hear.) He himself had voted fur that Bill because he thought there was a stern necessity for it, and because he wished to deliver Ireland from the fatal errors she was led into by the instruments of agitation, and he should anything but blame tire Learned Baron for his promotion of so beneficial a purpose as the warning a deluded people from the pernicious snares of those instruments of agitation.—(Hear, hear.) The Hon. and Learned Gentleman (Mr. O'Connell) had laid his greatest stress upon a passage in the Learned Baron's speech, upon which, however, that Hon. and Learned Gentleman had put an altogether erroneous construction. He had set forth to the House that a passage in the address represented the Roman Catholic body in Ireland as a body embracing neither the property, rank, education, or respectability of that country, but as being merely its phy sical force and vulgar numbers. He (Sir R. Peel) would rest this point upon the single question of whether the Learned Baron really did make this assertion. Did he really in clude the whole Catholic body in this sweeping position? No, he did not. It was neither fact nor probability. The Learned Baron was not the man to pass this degrading opinion of the Roman Catholics, whose claims, on the contrary, he had heartily supported; and, indeed, was himself descended from a Roman Catholic family. The House too, he would repeat, should recollect that the Learned Baron delivered this address at a time when all law was at an end in Ireland, owing to the political agi tations which the House had felt itself imperatively called upon to suppress by a measure of unprecedented and uncon stitutional harshness; and surely an administrator of the law in such a country, was called upon, he would say, to lift his warning voice against the causes which produced that dreadful defi ince of all law, and that suspension of the payment of tithes, a suspension which even the Govern ment itself was inadequate to remedy. In another part of the address, it was complained the Learned Baron had expressed his fear of the disinclination of the better orders of the neighbourhood to interfere in preventing agitation ; and of their being too great an appetite fur rash innovation which acted as an inducement upon those who should know better than to countenance not only tithe petitions and so on, but petitions for a repeal of the Union. Why this was no more than bad been intimated oftener than once by a Cabinet Minister, and one Member of the House (we understood the Hon. Baronet to say) was reputed to have urged an assembly of Irishmen "to be up and stirring, and to get up the war of Repeal Petitions." When the Learned Baron then said that the House of Commons itself had been nnder the necessity of placing the property, and even the lives, of the people of Ireland under the control of Courtsmartial, when he said that tithes were only to be raised at the peril and risk of blood, when he had reason to fear that agitation of repeal petitions would produce similar disastrous results; and when he heard that Ministers had expressed their determination to resist the repeal of the Union to the death, was he wrong in giving the people warning against such petitions? A ssure dly no t. Th e H ouse was discus sing this question at a time when his Majesty had thought it incumbent upon him to express his regret and indignation at the attempts made to excite the people of Ireland to demand a repeal of the Union ; and at those instigators, many of whom, while ob serv i ng th e f orms o f l aw, were using their endeavours in an underhand manner, to pro mote agitation ; and the House of Commons had made a responsive address, deprecating the attempts of agi tators, and exhorting all loyal and well affected persons to unite in vigorous exertions to put down this system of excitement and violence. Such were the declared sentiments of the House ; yet one of the first proceedings of the session was an attempt to bring Baron Smith before a Committee of that House, for having endeavoured to promote their pacific views.— ( Hear, hear.) What would be the inference drawn by the people of Irel and from this glaring discrepancy between the words and actions of the British Parliament ? Why, the natural inference would be, that repeal was not so ab horrent to their notions as they had made out, and the cause of that measure would thenceforth be considered a triumphant one, notwithstanding the declaration set forth in his Majesty's speech that this was a subject which ex cited his just regret and indignation !—(Hear, hear.) Mr. PRYME said that good cause had been shown for granting the inquiry. As to the Learned Baron's liberal sentiments baying been approved of by Mr. Burke, that was nothing to the point. The Hon. Bar net had suggested th it the fulness of the calendar haul been the cause of the Learned Baron's sittings ; neither was this an excuse. Sir R. INGLIS denounced the inquiry as altogether unprecedented, and, if allowed to become a precedent, a most dangerous one. He did not mean to set about any special pleading in this case—(A laugh)—lie did not mean to say that the speech had or had not been made by Alr. Baron Smith—this was not the question —the question, and a most imp or t an t one, was, whether the House, sit ting in its judicial character, should on such legally un supported evidence as this, proceed, not to inquiry, but to judgment ; for the very fact of granting such anin quiry was in itself punishment. This was not proper treatment of a man like Baron Smith, a man of first-rate talent and integrity that, at least, all parties allowed—(Hear, hear)—and on whose judicial character not a shadow of imputation was cast. It was highly dangerous too as a precedent. Not even the Right Hon. Secretary, skilled as he was in points of precedence, bad been able to cite an instance of the kind ; not even the Hon. and Learned Baron—he meant the Hon. and Learned Member for Dublin—though he seemed in a fair way for attaining the judicial dignity —(A laugh) —not even he could produce a precedent for the case. He (Sir R. Inglis) protested also, most strongly, against the mode of the proposed trial of Baron Smith. Bring any charges they pleased, but let them be brought before the House in an act of impeachment, and let the evidence he more worthy of attention than a newspaper report. The Hon. and Learned Gentleman would ap pear to wish to prescribe geographical boundaries to the Judges of the land in their care of public safety ; but he (Sir R. Inglis) thought that Mr. Baron Smith had done perfectly right, when he saw three-fourths of Ire land agitated by political incendiaries, to warn those whom he addressed a ga in s t th e d e l us ions of those incen diaries, and to denounce political agitation as the great curse of Ireland. He had done no more than all other Judges had done under similar circumstances, particu larly in cases where a Special Commission had been found necessary; and he instanced the year 1812 among others, when Judges had in their addresses ascribed the crimes to be punished to their causes, and had warned the country against those causes. He trusted the House would not s unction this Committee, and he should there fore move the previous question. Mr. SINCLAIR seconded the motion. He was sur prised to hear that his Right Hon. Friend the Secretary for Ireland, for whom he entertain ad a high respect, had changed his mind since lie c ime down to the House. What new light had been thrown upon the subject ? The charge was two-fold ; first, that of having commenced the proceedings of th e C ou rt at too late an hour, and continued them until late in the night—undoubtedly a serious evil ; but he thought that the first part of the charge had been satisfactorily accounted for ; and when Judges are li mited in the num)er of days, it often happens that they are obliged to protract trials until a late hour. He knew that this had lately been the case at the Glasgow Assizes, where the Judge had been compelled to preside during a great number of consecutive hours. The next accusation was, that of having promulgated a political charge ; but surely the Right Hun. Secretary must have been quite familiar with its import before he came down to the House, and nothing connected with its contents could have induced him to change his mind. Though it was generally not advisable to express political opinions from the Bench, it was difficult in Ireland for a Judge, who deeply felt for the evils of his country—in trying individu als for crimes—not to allude to the system of agitation which he might justly consider as their chief source. He was afraid that the Protestants in Ireland—the natural allies of this country—would consider this case as an indi cation that Government intended to discountenance them, and sacrifice their interests at the shrine of their active and agitating opponents. The SOLICITOR-GENERAL felt bound to support the original motion. In doing so lie was influenced by no party or political motive. On the contrary, he had lately had an opportunity of forming an acquaintance with the Learned Baron, who was the object of the present inquiry, who was an amiable and accomplished man; but if the Hon. and Learned Member for Duldin made it appear he was a bad Judge, it was but fit and proper that he should be removed. He (the Solicitor-General) saw nothing better than the mode proposed by the Hon. Member for Tamworth. There should not be any dis tinction made between English and Irish Judges. They should be treated in exactly the same manner, and if such a charge as that brought by the Hon. and Learned Member fir Dublin were proved against an English Judge he would not be suffered to remain on the 13,ncli for three months longer. He hoped the charge would prove unfounded. The charge against the Learned Baron resolved itself into two heads The first was, a neglect of his judici it functions—the next was, that he had fallen into a habit, not that; he had done so once, but that he had contracted a habit in addressing Grand Juries, of indulging in party and political harangues. In support of the first charge it was stated by a Member of that House, that the Learned Baron generally came into the Court so late as twelve, one, two, and half-past three o'clock. If this were true, might not such a practice lead indirectly to injustice ? Had it not the appearance of neglect? Would it not give colour to a charge of incapacity? Had not the Bar cause of complaint under these circumstances, whe ther it was the consequence of age, infirmity, or neglect? No matter what the cause, injurious consequences fol lowed.—(Hear, hear.) When such serious charges were made, should not inquiry be allowed ?—( Hear.) He (the Solicitor-General) had gone circuit many years, and the usual course was, to open the Court at seven or eight o'clock. To open at such late hours as those named in the charge, by wasting the time of witnesses in criminal cases, might tend to defeat the ends of justice, and would in itself be sufficient cause for removal. The other charge was that, in October last (and not then for the first time, but in pursuance of a habit), the Learned Baron wantonly and deliberately delivered himself of a party and political harangue in his charge to a Grand Jury—a charge calculated, it may be supposed, to contain matter offensive to many of those to whom it was addressed. This was not the practice with English Judges. Theirs was a comparatively dull proceeding. They contented them selves with instructing the Grand Juries in the duties they were called upon to perform ; pointing out how they were to act with regard to the hills which might be brought before them, and directing them in all matters relating to the law. If they made themselves partisans—if they entered into controversial disputes on political matters— more especially on topics about which the Jury might be divided in opinion—they violated their duties, and were unfit for their offices.—(Hear, hear.) In such a case a Jut or would be warranted in taking up his own view of the question, if he differed in politics or religion ; and should the Judge say he eat there not to discuss politics, but administer justice, the Juror might well reply, " I wish you had remembered that before ; but after such an ap peal I cannot hesitate to reply." The House could not refuse the inquiry. An Hon. and Learned Member had made a statement which called for it. Let that statement be proved or disproved. Perhaps the Hon. and Learned Member was misinformed ; he earnestly hoped so ; he anxiously wished that the Learned Baron might return to Ireland vindicated front the charge. Much hid been said of Irish agitation, and great anxiety was expressed for putting it down. He too was anxious to have agitation put down, and was particularly desirous that the punish ment due to it should light upon the right head—should visit those by whom it had been created and fomented.— (Hear, hear.) If the House wished to put down agita tion, they should by no means encourage political harangues from the Bench, which must, of necessity, have the opposite tendency, and, in a case like this, where proof of the charge was preferred, lie thought it the duty of the House not to refuse investigation. Sir J. SCARLETT had nut seen the notice until that evening, and when lie did, could not believe that it could have one concurrent voice. His Hon. and Learned Friend insisted that, if the charges were made out, it was a case in which the Judge should be removed. He (Sir James) did not s ee the consistency between his Hon. and Learned Friend and the Secretary for Ireland. The Learned Member for Dublin was certainly consistent, but no Government should support such a measure without a previous inves tigation. The precedent was a bad one, and would tend to lessen the moral courage of Judges, who could not ful. fil the important duties attached to their offices unless they could rely with some confidence on the support of t he Government. If the motion were carried—if the c onfidence in support from Government were so greatly diminished, it was his opinion that every Judge in the land should resign--(Cheers.) What were the grounds of the inquiry? The charges were two fold. The first charge m ight arise from press of business, which might compel the Judge to sit to a late hour in the night. The practice was not without precedent. It had been the old custom, but one which had been abandoned ; and, in hie (Sir James Scarlett's) opinion, very properly abandoned. But where was the allegation that thest c . o la in te pl h ai o n u t rs be w e e n re m u i n d n e e c? - D e i s d 'ar t y he o b r ar im a p n r u o r p in er ur ? ? il l a l i any a i dany prisoner petitioned in con sequence?—(Cheers.) The statement was, that the Judge came into the Court at a late hour, but there was no mention of any ill consequences ensuing. The Hon. arid Learned Gentleman went on to show that many Judges—and, amongst others, Mr. Justice Chambers— were in the habit of sitting to late hours. He insisted that ;he inquiry, if granted, would invo've the dignity of the judi cial character ; and trusted the House would not, without due deliberation, establish such a precedent. Unless the charge were combined with injury inflicted in some quar ter, he did not see how it would be proceeded with. The King's Speech from the Throne could not be considered a party speech, and yet it touched upon politics. There was some analogy between a Judge's charge and a speech from the Throne.—(No, no.) No one could be so astute as to make out from what he (Sir James) s till that a Judge was warranted in extending his observations beyond the domestic state of the country. When the King's Speech spoke of severe laws for Ireland, and a determina tion to maintain the union inviolate, it could not be called a party speech. Neither when a Judge, in his charge, urges the danger of such discussions as would lead to se ptration, could it come under such a de•ignation. On the contrary, it was the duty of the Bench to warn those within the sphere of its influence against the excesses into which too many had been led by the unhappy counsel of those who had betrayed them.—(Cheers.) Was the charge unexampled ? Did no English Ju d g es act in the same way? During the French war were not such charges frequent, and in one instance an application had been made to have it printed ? Nay, proclamation bad been made by the Crown, calling for such aid front several judges and magistrates, who accordingly complied.— (Cheers.) No Government could be so weak as to comply with such a motion, unless they believed the allegations, and as far as regarded Ireland, the precedent was full of danger. Mr. HALCOMB said, if the Learned Judge were to be the subject of accusations, let him, at least, be tried before the proper tribunal, and let the House of Commons openly stand forward as his accusers. How was the case to be proved now ? It could not ; for the Select Committee had no power to examine witnesses upon oath. He had put this point before, he believed, in some measure to the annoyance of the House.—(Hear, bear.) If Hon. Gen tlemen meant by that cheer he had annoyed them — (Hear, hear)—and he perceived he had—he could only say, he believed it so important, that in the honouraole discharge of his duties as a Member of Parliament he should feel himself compelled to annoy them once snore. Lord ALTHORP—The Hon. and Learned Gentleman had very accurately stated the mode by which only Judges could be removed from their situations ; but the Hon. and Learned Gentleman and others had followed that up to a very odd conclusion.—(Hear, hear.) They seemed to consider, that because an address from both Houses of Parliament was requisite to remove a Judge, therefore that House was bound not to inquire into the conduct of the Learned Baron.—(Hear, hear.) Why? Could any gentleman say, that because they bad vested in them only the constitutional power of impeaching a Judge, or of ad dressing Crown to remove them, that they should take so serious a proceeding without making any previous in quiry, merely because they could not in a Select Com mittee examine witnesses on oath ? Whenever the time should arrive th it the House might feel itself dis posed to adopt such a course, he hoped it never would be taken without a previous and full inquiry. —(Hear, hear, hear.) It had been argued, and re no culpability, and as it the whole char g e consisted in argued, that the charge agai nst the Learned Jud g e involved what had taken place at Armagh. But if the charge were not one of corruption—if it were not one in any way disgraceful to the Learned Judge, which it was not— it, at least, if true, amounted to this—that a Judge who came into Court at so late an hour, and who neglected his duty as this Judge was represented to have, acted in a manner personally unbecoming, and which rendered him unfit to discharge the duties of his high situation. — (Cheers. ) This did not, as had been assumed by the Hon. and Learned Member for Norwich, take place on one or two occasions only, but was stated to be his habi tual practice. It had been said on the ether side—why now come forward to make a charge, on the ground of what you knew to have been on habitual practice ? Why, it was for that very reason. It was because it was an habitual practice. It was because it was not confined to one or two solitary occasions, that it was brought forward as a charge. —(Hear, hear.) But, according to his own view of the case, this was not to be considered as the greatest part of the charge against the Learned Baron. The practice in which that Learned Person indulged, of making political speeches in his charges to the Grand Jury, was a very great evil in the administration of justice.—(Loud cheers.) The Han. and Learned Gentleman had said that his Hon. Friend was much mistaken in saying that the Judge insulted the Grand Jury; because, said he, the Grand Jury coincided in opinion with the Judge. It might possibly be so in that case ; but if a Judge were to make a charge of a political nature, taking his chan-e of what the opinions of the Grand Jury might be, he might very possibly enter into the discussion of certain topics which would be personally disagreeable, and which those to whom they were ad dressed could net but consider as in the nature of an in sult.—(Hear, hear.) He was afraid that the practice of making political charges was, as was said, very common in Ireland. He had the greatest dislike to seeing them, even when it might almost be said they were fully justi fied by the nature of the offences which they had to try. It was a practice which was pregnant with the worst consequeeces, and one which was calculated to bring into disrepute and dislike the sery fountain of justice.—(Hear, hear.) It had been objected to the appointment of the Committee, that though not professedly seeking the con detonation of the Judge, it would virtually have that operation. He admitted that if the case were proved against hitn, that proof would certainly carry condernna tion svith it. It was also said that the House ought not to consent to the inquiry, unless it were the general feeling that the charges were founded on truth, and that such an interpretation would be put by the public on the success of the motion. Why, from all the inquiries he had been able to make, he had no hesitation in saying that he believed the Judge had been guilty of this misconduct.—(Hear, hear.) That being the case, he saw nothing in this reasoning to induce him to refuse the Committee. He admitted that such a proceeding was most undesirable, and that the conduct of a Judge ought not to be brought before that House except in cases where the public interest suffered by it.—(Hear, hear.) Any attack made on Judges in the course of a debate, when their conduct was not fairly before the House, was cer tainly improper, but that observation did not apply to the present case, when the subject was brought openly and fully before their consideration. The House would cer tainly abandon one of its most important functions if it refused to entertain this motion, for in Parliament alone could the misconduct of the Judges of the land be pro perly considered. On these grounds, he - felt it would be impossible for him, after what had been seated of the conduct of the Le arned Baron, to refuse his assent to the motion.—(Cheers.) The Right Honrurable Baronet, the Member for Tamworth, spoke of the independence of the Judges. No man could be more desirous to preserve that independence than he was, and he thought one of the best means of preserving it was never to refuse an inquiry into their misconduct.—(Hear , hear.) He should be most happy if the misconduct imputed to the Learned Baron should turn out to be un true; but as the case at present stood, he could not resist the motion. He agreed with the Hon. and Learned Gentleman, that if such statements were made against an English Judge, there would be but one opinion on the subject. Ile thought it most desirable not only to assi milate the laws of the two countries, but to assimilate the ads mostminis dtereesiradb— thleem.Euer, ( a Hear.) It wasmost just as who wel a those hear)— and be could no t ima g ine an y better mode of cementin g the threatened connex ion between the two countries th an that the people of Ireland should know, that whenever conduct they brought a charge against any Irish functionary, he would be treated precisely in the same manner as any English functionary; that there would be no attempt on the part of that House to screen him from inquiry ; and that his misconduct, if proved, would be visited with the censure which it justly deserved.—(Loud cheers.) Mr. PLUMPTRE said he bad never been more deeply pained than this evening, on learning of his Majesty's Government with regard to this motion. He considered that determination as one of the greatest mistakes they had ever committed.—(Cheers.) It was a most unhappy determination—it was a most unjust one. —(Loud cheers.) It was contrary to the expectations of those who generally acted with them ; it was calculated to bring the Judges of the land into disrepute ; it was calcu lated to gag and stop their mouths—(Hear, bear)—;nd to impede the very course of justice. He might be wrong, but these were his sincere sentiments.—(Cheers.) Mr. FINN said that no act of the present Administra tion was calculated to give more confidence to the people of Ireland than the granting of this Committee.—(Hear.) Mr. SPAN KIE then addressed the House, but, un fortunately, the Hon. and Learned Gentleman spoke so indistinctly as to be frequently inaudible. He said that, in his opinion, there was no offence against Mr. Baron smith at all worthy of inquiry.—(Hear, hear.) The charge was unsustained by proof ; but taking it for granted that the delinquencies imputed to him were true, and could be proved, they would not be worthy of the time bestowed upon them.—(Cheers from the Opposition.) What cen• sure—what punishment could they inflict upon him ? (Hear, hear.) It appeared, as the Hon. and Leal nt•4l Gentleman said, from the evidence which had long Ite Li lying on their table, that this Learned Judge, though lie been corrected, without I fault that might easily have co mon i s ,' vading the dignity of the Judge. A private m 0 did loaffte n, n ca o er t , ?ii divertprebahbilsy Certainly ti a m n e firnoemonvheisnieptriatb,lihcondru. tielsv,_ass.stttiswisaat_s.‘o. it was, to some extent ; but ° o. '" of Commons, and dragging the Learned Baron red ° lo before the public.—(Liaol cheers.) This appel .. him to be a persecution, or something very tour" i 6 I t ha( it.—(Cheers.) The Commons of England them for the purpose of intrusted_ to , ,pieone,friw,mi without Government th ns u n w n o e t e r e l would a h r j a i v y e treuh answeredling every th e:1,31 1) 0:1 ; 8e power of pi osecution, but this power was .‘ sions ; and if they drew the sword on every trlfb Justice. It should be used, bringing great o d n eli g . n tle q a n utenu m e : o .: . Oat n eed sure, it would lose its terrors when they had s. t h a t on v s; of it...—(Hear, hear.) The other offence was, rious o ccas i ons , t o one o f which, however, they , : 9 tu bound to confine themselves, he had delivered sPee c 0 1 . ! the Grand Jury, containing reflections on the situatio" affrirs in Ireland, that might be offensive to variousjen'tg..rt ties, and probably the Learned Judge might, for stu ° have forgotten that he was not in the House of Cornur e, , What did this amount to, after all ? It had been a drn " 0.. on all sid e s, that certain - transactions, and t hat the valence of cert a i n c l asses o f cr i me , m i g ht call for such °:id servations from a Jude. Hear. It could no t be e ba :tc a ct veh h a d a :ul la c nu e l 9 t r ec u l addressing, t s t si al a s ua lt i e rr e sa n g s kn d n g e e d , sw t o o a ,h n i ' rea v d egtd ( l ) r i s, r a f i reflections , k bsid h i i ve: n e nei j i on r ud tneh si mind s were to be tried before him. It was a Grand Jury he suffer by the circumstances. Many examples of P° 1 1: lds the House whether they, seeing these examples, " 4 ;', • abie,fporroev of and, by calling on bim for a defence of his etindu r e Judges Committee, delivering t am p h ie politicaldeclining a harangues, ere : , : i ?i t ki h du b tl,o l bo t ia . : ex cecheers.)exceedingly y ljtter they not know that Mr. Justice Bayley made a panegY rie i on the National Debt? and had not another Judge, L ot Wynford, in the west, uttered at least twenty addresses ,1 more or less political, and yet who ever beard any lua a propose that they should be punished for so doing (Hear, hear.) It had been said that this was purely a - Irish question. Wherever there was judicature, there it was necessary to support the independence of the Judgesf, e o and if the independence of the Judges in Ireland were ne . l . ?n things goe e n ldr e referred ersjwd ?—(Loud uae d dr t n gtee o y o:aonnfflyaani inflamed, : e l d i hverdnituon " jo l t; :aeu o i r ,i:d w icv e preserved, how could they expect English or &ate!! Judges to pass unscathed ?---(Hear, hear.) Look, too, .s l , the circumstances under which the motion was broughtilk forward. It was wade by a great political leader agains 7 one whom he always politically opposed—(Hear, hear) to and made against one whose cha racter was such as demand respect from all save a leader in Ireland.—( Heir, hear.) This too, was done during the existence (1 1 , contest in Ireland—a contest against the law--a coutt:s.6, of which this leader was at the head.—(Hear.) Surely tuts` I w f a t s h a ey t w im is e hed to to up se h e ol t d he th p e ow l e a r w nf a t n h d e laiwts setad n tl f iey th l , r s a e d h o re n , l t y ki t n o g be t g h i e n la b w y d ; issanrdmbilymggtrlarenttugdges in foot they were doing it. Let them read history. thLiseiritubierall go back about two centuries. They would find by Lord Clarendon that one of the first acts of an usurping 11 0114 of Commons was to seize the Judges on the bench. Eve t l: man then saw that the House of Commons was W . powerful to contend against, and none would venture ta oppose them.—(Hear.) This was the first step towa rd rd / subjecting the moral character of the Judges to the wis of the House of Commons; and it would, if followed uPti have the effect of lowering the character of the bench's°, make the administrators of the law dependant on the more popular opinion of the day.—(Loud cheers.) :, 1 2 1 the Government, in assenting to this inquiry, had ex cited nal at n i n s e t r u a g t h c t, l . the astonishment of all who had endeavoured and rtisb to support them in upholding the dominion of the l tv•boveto (Hear, hear.) It would, hereafter, rende r an y aPPeal.a, the law unsafe to all, B , ve to those w h o were a law.—(Hear, bear.) Was the Hou se of Commu_aA , then, regarding the interests of th e count3ea ,730, considering the effects which such a n ' ea t h s e House calculated to produce—(Hear, hear) --via' : f ee l ; of Committees, t no a n t o o t c f a o l r l a a J er u i d m g i e na o l f e th ff e en l e a e n__ d P p e er,.: at Hull—(Hear, hear)—but for a speech containing °y tainly some objectionable matter, but than which ten times worse had been uttered with itnneu . tY,_ o o,' f H a e a r.) Judge But we r n e o , guiltyt ese of w were e singlepermitted nd indiscretion, t n c :P i e , o u sel i, to i, be brought up to their bar and openly and public l Y„,„ us e' graced.—(Hear, behr.) He trusted, therefore, the ": us * would not proceed with the inquiry, and that the Pre y ': question would be carried. If, however, the I - Pu se solved on proceeding, be hoped they would take deliberate ; that instead of referring it to a Comtv -- , e ; * they would call on him openly to answer for his cond uc in i ant that if a Judge were considered a proper s ubject se e not t o f r n e r on; the animadversion,of that House, they would at least him the consolation and protection of p u blicity.---(" e'r l ' et At that bar let him lA.: his stand, and if he perish, * • him perish in the face of day.—(Loud cheers.) ho lding Colonel VERNER had written to a gentlan to r an official e.tuation at Armagh to inquire into em this and he found that the circumstances had been nt ircb. a ' the . represented. At the previous assize town to A rm 1 30 00 i business had been unexpectedly heavy, another. .judge' Smith had rendered his assistance to tire ho The calendar delivered at Dublin did not contsind,:ivied. cases down fur trial, and the Judges were muc h rive t ill On the first day Mr. Baron Smith did not a r be evening, and when he sat the greater part of the I f i ea r,*, did so at the solicitation of counsel on both sides. Id p ot hear, hear.) If he had not done so, the parties cor e ,bst have been tried, and their crimes were of such a n ato ref l ore, they could not be admitted to bail. . This, the ilra iser instead of being matter for censure was ground for 1 4 t be and was a striking instance of the humane feeliegs his Learned Judge.—(Hear, hear.) The course w hic rest 3lajesty's Ministers had adopted would occasion esod, astonishment he would not use a stronger term) in 11 ,, b iest and would certainly be attributed to a very different than that of justice.—(Hear, hear.) • a t " Mr. YOUNG could not refrain from expressngight great surprise and regret which he felt at seeing the l uod Hon. the Chief Secretary for Ireland give so hasty „a prec:pitate an acquiescence in the motion of the ila n : f i r st Learned Member for Dublin. Ia reference to th i e tain if part of the charge against Mr. Baron Smith , he ced,,,,,ber hail heard with much surprise, in common, ;ore with many other Hun. Members who, like him ee . t ' this familiar only with the practice of the Courts 3 , uo t country, that that Learned Judge was in the corning into the Court to begin business until eleveu, half-past eleven at night. His surprise, h —nrreVer,llllo;. been much diminished by the explanation of the it Member for Armagh. And, speaking o f late bu t-I° '; e should be recollected that Colonel Despard did not sec s t° sentence until six o'clock in the morning. N o w the charge of having made political addresses fron3 e Bench, he (Mr. Young) was far from vindicating tt ,l practice on the part of a Judge of making improper po' tical allusions in the discharge of his judicial functiou.l; But there was no reason to aelieve that the allusions question were of a nature which called for this in t i ee g tetence. That being the case, and the evils of ad°P". " the course proposed by the Hon. and Learned Merober for Dublin a a i s t appearing to him to be immeasurable, he be impossible to vote for the Hon. and Learned Ge u e man's motion. itht Mr. HARDY knew nothing of Mr. Baron "'- or any of his connexions ; but if he were to a g, re d e b t ; habit or the motion before time House on the grounds s a te ° !d the Hon. and Learned Member fur Dublin, b e Le d o tY not sleep in comf or t i n hi s bed. Was it net 11 ' ~dor of his Majesty' s G o v ern ment, or of the Lord C hau ' the of Ireland, to intimate to the Learned Judge O u t be first, or, at any rate, on the second occasion, t"huse must abstain horn political addresses? No fault , his ever, had been found with the Learned Judge by to, Majesty's Government, and so it appeared that be r,isb seeded. And with respect to the matter itself , use d the Leained Judge was accused of having intro" that into his charges, it appeared to him (Mr. Hardo iri in the agitated state of Ireland, and under all th e t he cumstances which grew out of that agitation, it imperative duty of a Judge to advert to topics c-irbett lated to restore tranquillity ; the more especially 1 f t he he saw the country swarming with publication s most pernicious nature. g Mr. CHRISTMAS expressed his surprise at the cbstia,oey made by his Majesty's Ministers in time course wilic i b ug etl hid originally determined to adopt. Having cl u aSe their opinion once, however, they might perhaps e t he it again. He felt it to be impossible to vote liroist, motion of the Hon. anti Learned Member for Pettoo. After the satisfactory explanation entered into by tlse Member for Armagh, the charge respecting late b e u r a. brought against Mr. Baron Smith, fell to the K i lo. But if that were a serious charge, why—since the aid Learned Member said that it had been the L e3r a d Judge's 11:bit for thirty years—had not the Hu ai ' was i Learned Gentleman brought it forward before ? that clear, that if that had been the only circumstance cot could be alleged against the Learned Judge, the l' h re' ' .l proceeding would not have taken pl a ce. Feeling as Ba rn chat tbat there was not sufficient cause for putting Mt', S:nith on his trial, he could not vote fur the inq u ' l ;..;il4 Sir JAMES GRAHAM felt that he should b e 3" MI