The Express.
London, England, 1853-03-18 00:00:00

THE EXPRESS, FRIDAY EVENING, MARCH 18, '853.

Mr. Huila and Mr. DUNCAN also spoke against the mo-
tion for printing the petition, and
Sir I. PAKINOTON recommended its withdrawal, and
tioa.
stated that he had ,receiveilltrivate letters "roes Ceylon in- I
tiiiiithig that the gwomprodime be bad ilwaid la a 4aa.
patch writted While he was Coldoial Swaretaly had beau
and was likely to be satisfactory to ill parties.
• S R. INGLlMMeclined to withdraw his motion, which
was exordia /17 pat and negatived. .
' kNARESEPROUGH AND BOUTRAMPTON
ELECTION PETITIONS.
The SPEAKER read a letter from the agent la the ease
of the Knaresborough petition, intimating that the petition
would not be proceeded with ; also a letter from the agent
of Mr. B. Cochrane, stating that the petition against the
return of the Attorney-General at the last election for
Southampton was abandoned.

Australia arky kid that power before the passing of the
act in question. It would be necessary to address a cir-
cular to the governors of all the colonies, requesting them
to invite the attention of the different legialaturei to the
amendment of the postal rates, so as to reduce the rate on
all letters to one penny.
Mr. HUME wished to know whether the rule would ex-
tend to the possessions of the Indian Company, and whe-
ther the rates of postage there would be placed on the same
footing ?
Mr. PEEL said that the question was connected with his
de partrr ent. •
Mr. HUME—But I hope the Postmaster-Genenl has ex-
tended the alteration to India.
THE MEXICAN TARIFF.
Mr. F. W. RUSSELL begged to ask Lord J. Russell
whether he had received any official reports that her Ma-
jesty's Minister at Mexico has succeeded in procuring for
our trade, by the publication of a new tariff, the removal of
the prohibition that has existed for the last 20 years against
the importation of ordinary cotton fabrics into that country,
and in having the late excessive duties modified, which,
from the opening of the Mexican trade, have weighed upon
all other articles of this most important branch of cur ex-
ports. And in the event of such information having
been received, whether the Government have any objec-
tion to lay before the house • copy of the official com-
munication.
Lord J. RUSSELL e.id he could only state generally
that a despatch had been received, from which it appeared
that there was • considerable reduction in the tariff on
Bri•ish goods imported into Mexico. He would take care
that all the commercial information on the subject should be
laid on the table as soon as possible.
RAILWAY COMMUNICATION BETWEEN
HALIFAX AND QUEBEC.
Mr. A. MILLS begged to ask the Under-Secretary of
State for the Colonies whether the attention of her Ma-
jesty's government had been called to the circumstance that
the only exi-ring winter route for troops from the Atlantic
coast into the interior of Canada is through the territory of
the United States ; and whe,her it is the intention of the
government to facilitate, by guarantee or otherwise, the
completion of the railway communication between Tiernan
and Quebec, in compliance with a memorial addressed to
her Maesty in November last by the Canadian legislature.
Mr. FEEL was understood to say he was tumble to an-
swer the question at present.

CHICORY IN COFFEE.
Mr. HASTIE begged to ask the Chancellor of the Es-
chequer if it is to be clearly understood, under the terms of
the late T y minute relating to the sale of coffee and
chicory, that it will be considered a breach of the law to
sell coffee without any label of description, except in a pure
and unmixed state; and that if coffee so sold without being
labelled shall prove to be mixed with chicory, or, whether
labelled or not, shall prove to he mixed with any other
extraneous substance, the party selling it will be liable to
prosecution; and, if in cue of information being laid of a
breath of the law, the prover authorities will prosecute the
offenders.
The CHANCELLOR of the EXCHEQUER said that
the concession which bad been made under the late Trea-
sury minute was intended to be limited to the terms in
which it was expressed, and not as a general relaxation in
the law relating to the sale of coffee. It would, therefore,
be consiaered a breach of the law to sell coffee without any
label of description, except in a pure and unmixed state ;
and that if coffee so sold should prove to be mixed with
chicory, or, whether labelled or not should prove to be
mixed with any other extraneous substance, the party
selling would be liable to prosecution; and, in case of
information being laid of a breach of the law, the proper
authorities would prosecute the offenders, and do the best
to obtain a conviction. (Hear, bear.)
ANNEXATION OF KEROWLEE.
Mr. OTWAY begged to ask the President of the Board
of Control whether it be true that the government of India
has recently proposed to annex the ancient Rajpoot state of
Kerowlee to the British territories, in pursuance of the
claim which was asserted in Lord Dalhousie 's minute of the
30th day of August, 1818, and if so whether the home go-
vernment has approved of this proceeding 3 Also, whether
there be any objection to lay on the table of the house the
communications which have passed between the authorities
at home and in India on this subject ?
Sir C. WOOD said it was not true that the government
of India had recently proposed to annex the Rajpoot state
of Kerowlee to the British territories. The question was
referred to the government at home, but they declined to
recommend it.
IRISH TOWN IMPROVEMENT.
Mr. R. MOORE begged to ask the Chief Secretary for
Ireland whether it was the intention of government to intro-
duce any Irish Town Improvement 801 l during this session.
Sir J. YOUNG said there was no intention of bringing
in any such bill.
THE BOARD OF HEALTH.
Mr. COBBBTT begged to ask the Chief Commissioner
of Works whether, until the intended amendments of the
act IL and 12 Vie., c. 63, shall have been submitted to par-
liament, the General Board of Health win suspend its ope-
rations as to places already visited and reported on by so-
,erintending inspectors, but with regard to which places no
provisional orders or orders in council have been issued.
Sir W. MOLESWORTII said that he mast remind the
honourable gentleman that the General Board of Health
consisted of four members ; and he could answer for his
own intentions as President of the Board. He did not in-
tend to suspend its operations until the intended awed-
meats shall have been submitted t 3 parliament.

UNSTAMPED PIJBLICATIONe.
Sir J. SHELLEY begged to ask the Attorney-General
a question in reference to the prosecution of certain sellers
of unstamped newspapers. Would the bon. and learned
gentleman have any objection to state whether the prosecu-
tion against Mr. Collins, the proprietor of the Racing
Times, an unstopped newspaper, had been abandoned ;
and if so, whether it was so abandoned in consequence of
the opinion of the Attorney-General that it ought not to
be proceeded against alone, and unless proceedings were
also taken against the Builder, the Athensnan, and others.
The ATTORNEY-GENERAL said that the prosecution
against the Racing Times bad been undoubtedly aban-
doned ; but whether it was in consequence of an opinion of
the Attorney I, though there was no reason for
mammy, he must decline to state, for he thought it was not
only not his duty, but contrary to his duty, to state the
contents of any opinion of the Attorney-General.
Sir J. SHELLEY begged to put another question to the
hon. and learned gentleman, and that was, whether it was
the intention of the government or the Attorney-General
to persevere In permitting the sellen of unstamped publi-
cations to be summoned before magistrates so long as the
law was unsettled with regard to what was "news."
The ATTORNEY-GENERAL said it formed no part of
his duty to consider what course the Commissioners of In-
land Revenue would take. If a ease was brought before
him involving an infraction of the law, it would be his
duty to consider it, but be would not undertake to say
what advice he should give in each case.
LAW OF PARTNERSHIP.
Mr. EWART begged to ask the President of the Board
of Trade, whether it is intended that the inquiries of the
commission on the law of partnership shall extend to the
practicability of assimilating the laws of the whole United
Kingdom on that important subject.
Mr. CARDWELL said it was intended that the inquiry
should extend to the different laws on the subject of part-
nership which existed In other parts of the United King-
dom.

guilty Of 'deliberate 'murder, this charge being made i
pending the inquest, and before the subsequent ex- '
petted trial. This newspaper also threw out imputations
affecting the character of the regiment—its courage and
conduet. The Duke of Wellington saw this newspaper,
and being ever alive to everything affecting the honour of
the army—(cheers)—he immediately wrote to him (Mr.
Napier), intimating that he thought that the libel would
be a fit subject for prosecution by the crown, with a view to
the protection of the @oldie.% In consequence, he (Mr.
Napier) 'applied for further information to the two officers
who had been in charge of the soldiers during the riot; and
their depositions were submitted in a very full shape. (The
right hon. and learned gentleman read these deposi-
tions, which were elaborate justifications of the con-
duct of the soldiers, their firing on the people
being represented as a merely defensive act.)
He appealed to every man of right feeling whether after
three sworn informations he could have come to any other
conclusion than be did, that these officers and soldiers
should receive constitutional protection, and that steps
should be taken to bring the prime movers of this riot to
condign punishment. A great deal had been said with re-
ference to the exact rights and duties of soldiers on occa-
sions of this kind. He apprehended that the duty of a sol-
dier in a ease of this kind was not different from that of
any other person. A soldier was under the order of his
superior officer, but the order of his officer was not of itself
a sufficient justification. Bat in this case the soldiers were
deprived of their officer, and the corporal, the next in com-
mand, was struck down senseless. The next question that
arose was what should be done with regard to the finding of
the coroner's jury. Being of opinion that the depositions did
not support the verdict of murder he thought the nn.re
straightforward and manly course would be to go to the
Court of Queen's Bench and submit his reasons why he
thought that the finding of the jury was not supported by
the evidence. A [paid deal of misrepresentation had been
made with regsrd to this part of the case, some persons
@upraising that the motion he submitted involved s balance
of evidence on one side or the other. What he wanted to
do was this—the coroner was bound by a recent etatute in
cases of manslaughter and murder to return the evidence
and the inquisition to the court, and he thinking the evi-
dence was not sufficient ought to remove it and the ver-
dict from the record, but the court held that there was
no precedent for 'Remising such a jurisdiction, and that
it could not interfere if the inquisition on the face of it
were according to law. That left the case as it stood, and

it was then in-this position—that no private prosecution
could take place because the court would not deliver up the
inquisition without the unction of the Attorney-General.
In the meantime he directed the crown solicitor to attend
and watch the evidence on the trial of' the editor fur libel
in charging the soldiers with being guilty of murder, and
the conclusion he came to was that the two Roman catholic
clergymen had incited the people and caused the riot. In-
formations were filed against tha clergymen, against the
man who cut the reins of the car, and also against two of
the ringleadere, who carried off the voters by main force.
He did not want to prosecute the Roman catholic clergy-
men as priests, but he thought it his duty to prosecute
every man, be he who he might, who had violated the law,
and against whom evidence could he brought from which
he might fairly suppose that he could procure a con, iction.
' At the time he le ft office the matter stood thus : The inquisition
was before the Queen's Bench, and informations had been
laid against these different parties. There was • great feel-
ing about it at that time, and when parliament met a ques-
tion was put to the noble lord at the head of the govern-
ment, in answer to which he said, If the case were so
clear as the noble earl represented it, and from every account
he (Lord Aberdeen) had received the noble earl's descrip-
tion was perfectly correct, why did not the learned gentle-
man to whom he had referred at once enter a nolleprorequi,
for he might have stopped the proceedings at any stage 3 "
, But the matter did not stop here. After the bills
had been ignored one of the men was arraigned upon
the coroner's inquest; and the result showed the per-
fect propriety of the course he (Mr. Napier) bad taken
with regard to this unhappy 'Ede The indictment entirely
failed for want of evidence ; but when the man had been
acquitted ez veritate justitice—when the cue had broken
down for want of evidence, and when the facts were such
that any judge would at once have stopped it, and told the
jury that tkere was no testimony to justify
.a conviction—a
statement was made which leg the impression that the sol-
diers were really guilty of the crime of murder, or at least
of aggravated manslaughter' but that the case had miscar-
ried for want of legal proof. (Hear, hear.) Now he (Mr.
Napier) believed upon his conscience that the men had done
no more than their duty, and that as British soldiers they
ought to have had the support of the laws afforded to them.
(Load cheers.) Yet those men were paraded in
the dock as felons, and an impression was created
by the speech of the Attorney-General himself that they
were murderers, or at least, aggravated manslayers ; and
that they had only escaped because the law officer could not
get at the man who fired the fatal shots. All this time the
Roman catholic priests and the other parties had been dis-
charged from their recognisance', and they had actually
been brought—one of them from the very gaol—as wit-
nesses against these British soldiers. (Cheers.) The re-
sults of the case had been meet • disastrous to the
magistrate who bad been concerned in the affair. Ho was
obliged to have policemen living in his house ; hie family
were kept in a state of perpetual alarm ; and he was him-
self unable to attend any fair or marker, or to discharge
the duties of a country gentleman. (Hear, hear.) Mr.
Justice Patteson had well observed, that if this case had
occurred in England, the crown would have defended the
soldiers, and would have leg the proceedings against them
to be taken by private parties.. (Cheer..) But the lame
. .
',of

held up to Up: People of Ireland Wee. thit while the mau
tary were amenable to the laws, there were certain persona
who were amenable to no law whatever. (Cheers.) They
were creating difficulties in Ireland, with which they had
not the courage to grapple. They were not straightfor-
ward enough. While they held out equality in civil privi-
leges, they ought to enforce equality of liability. (Cheers.)
It war said that the names of M'Orath and the priests had
been put in the indictment, and that there ought not to be
a cross-indictment against them. But be would again
repeat the question—Why was M'Orath's name
put there ? (Loud cheers.) He (Mr. Napier)
appeared in this case with great regret; and he should bo
sorry to have it thought that he had been incited by any
thing like personal motives. If he had stated it somewhat
warmly, it was because he tilt warmly respecting it; bat
he thought be bad submitted it to the house fairly and ins-
pertially. (Cheers.) It was one that demanded strict in-
quiry. If they expected soldiers to discharge their duties,
(limy must see them supported by the laws, of which it was
as old and sound maxim, that where parties had special
duties to perform, they had a claim upon those laws for
special protection and support. (Hear, hear.) As these
men had not had an opportunity of vindicating themselves
before a jury, he hoped that they would set themselves
right before the house and the country. (Cheers.) What
was wanted for Ireland was, that elections should be free,
that the soldiers should be supported in their duties, and
that every man, be he priest or who be might, that should
presume to offend against the law, should be brought before
the bar of public justice, and made amenable to the laws he
had set at nought. (Loud cheers.)
Mr. FITZGERALD had listened for nearly two hours
to the right hon. and learned gentleman, but ho had utterly
failed to discover the object of his statement, unless it was
to glorify himself, to make a charge against her Majesty's
government, or to impugn the conduct of the right hoe.
gentleman who had succeeded him in office. He gave the
right hon. gentleman credit for great nisiprius dexterity in
his statementof the cue, for great art, but for little candour.
He perfectly agreed with him that the laws ought to be
administered with - .

____
BRIBERY AND TREATING. a perfect impartiality, and withr7ut respect
Lord A. VANE begged to ask Lord J. Russell whether of persons ; but he had no idea of au Attorney-General
there is met intention, on the part of her Majesty's govern- showing himself from the very first in the light of a partisan.
ment, to introduce any measure or resolutions providing (Hear, bear.) The right bon. gentleman had described the
that henceforth in all cases where bribery or treating in any force which had been used at the late election ; bat there
city, county, or borough, is proved before a committee of was one kind to which he had not alluded—the ioiluenee
the House of Commons to have taken place, a commission and coercion which were unhappily made use of
should issue from the crown to inquire into the state of such by the landlords of Ireland. (Cheers.) He denied
borough, city, or county? that the voters had intended to vote in the men-
Lord J. RUSSELL said that he had already stated hie ner the right hon. gentleman had represented.
opinion that in cases where bribery and treating were proved Had they been free to follow the dictates of their own con-
before an election committee, it would be right to appoint a sciences, they would have voted in a mannerjust the re-
select committee to inquire into it; but he had no intention verse. (Hear, hear.) There was a large class of possessors
of introducing any measure or resolution. of property, who exercised their legal rights in such a man-
THE CODIFICATION OF THE STATUTE LAW. ner that if their tenants did not vote as they pleased, it would
Mr. V. SCULLY 'skid the Attorney-General whether cost them their homes, end render destitute their families.
the codification of the statute laws, proposed to be made by Up to the arrival of the military at Six-mile Bridge, every
the present government, under the superintendence of the thing had been most peaceable. Mr. Wilson himself, an
Lord Chancellor of England, will embrace the statute laws old military officer, had prevailed on the people to go and
of Ireland and Scotland as well as of England ; and whether deposit their sticks at the police-office. It was said there
it is intended that the Lord Chancellor of Ireland and the was a premeditated design on their part to attack the mills
Lord Advocate of Scotland, and members of the Irish end 'Airy. The contrary was as clear as light. In addition to
Scottish bars, as well as of the English bar, shall assist in the comparatively large military force sent from Limerick,
conducting such codification. there were in this little village of Six-mile Bridge a most for-
The ATTORNEY-GENERAL repied that the scheme midable body of the constabulary, who were more effective
of the Lord Chancellor did comprehend the consolidating of than any troops in preserving the peace. (Hear, hear.)
the acts relating to Ireland sod Scot'and. The present Cr- lie did not deny that after the troops arrived there was
rangements were of a preparatory and provisional character, rioting and stone-throwing, but he contended there was
and no member of the Irish or Scotch hers had yet been not that amount of provocation which justified
called in to suist ; but, eventually, it was part of the scheme the soldiers in taking life. (Hear, hear.) He contended
of the Lord Chancellor to call in such aid. (Hear, beer.) that nothing bat absolute peril could justify any persons in
THE ENCUMBERED ESTATES COURT.
taking the life of others. Seven persons there met au un-
Mr. WHITESIDE asked what were the intentions of timely death; and that was not a eireumstaace to be
the overnment with respeet to the continuance of the slightly treated. (Hear.) The right hn. and learned gentle-
g man ( r.Napier) mightgain a ;arty triumph by hit 'motion ;
Encumbered Estates Court in Ireland ? but he had neglected his duty in nut giving every fuel-
Lord rALMERSTON replied that the government lity toe full inquiry. He relied only on the evidence of the
would give explanations on the subject after Easter. two officers who were most interested ; and of Capt. Eager
THE AFFAIR AT SIX-MILE BRIDGE.
Mr. NAPIER rose to move, pursuant to notice, for copies it might be observed that he was in this position—either
Ws men fired unnecessarily, or, the nece-sity having arisen,
of paper relating to the riot at Sizmile-bridge, in July he neglected to give the order. (Hear, hear)) It was ad-
last ; and said that as great misapprehension prevailed on mitted that a soldier was a citizen, and bad the same right
the subject, and as his own conduct, as Attorney-General to defend himself from attack ; but the moment
in the matter, had been not to say unfairly but mistakenly that attack ceased to be dangerous, he ought
misrepresented on a recent occasion, in 'another plate, he to desist from the use of deadly weapons. Such
would take this opportunity of laying all the facts before had not been the case here, as was clear_ from the
the house ; and he did not doubt that, as the interests and evidence of Mr. Wilson, who stated that he sow one soldier
character of justice in Ireland were involved, he should fire, charge, and fire again, and that three soldiers charged
obtain the indulgence of the house while be trespassed for and stabbed an unarmed young man, who was running
some time upon their patience. The right hon. and learned away. (Hear.) He deposed that the conduct of the military
gentleman then proceeded to enter into a close and detailed was ' unsuldierlike and inhuman." It was said that the Rev.
narrative of those facts with which the public are already Mr. Burke, theparish priest, was the cause of the rioting. He
(smiler, connected with the actual fracas between the had the pleasure of knowing that rev. gentleman, and the late
military and the mob, at the Simile-bridge. Continuing Secretary for the Admiralty (Mr. Stafford) knew him also,
the history, he justified the advice ho had given, that the and were the hon. gentleman present he might safely ap-
soln'iers who had been committed should be -liberated on peal to him whether Mr. Burke's conduct was not always
hail .on the aroundthat it was necessary to fix a crime upon characterised by peace, absence from political interference,
each iisdividual soldier, inasmuch as the law distinguished and obedience to the law ? Ile admitted that rev. gi. nth.-
betwee., unlawful assemblies and lawful bodies in the die- man forgot himself on the occasion referred to, and that he
charge of their duty, holding each member of the unlawful made use of language unhefitting his sacred calling. (Cheers
assembly responsible for the collective acts, but holding from theoprisition.) But no one regretted that circumstance
the membe • of' the lawful body responsible only for his more than did Mr. Burke himself. (Hear, hear.) While,
own acts' if t hose acts were in excess of the law, and in however, the rev. gentleman admitted so much, it must not
this case he had not found sufficient evidence to indiei. he forgotten that he denied most positively the greater pot-
dualise the alleged offence. Immediately after bail had tint of what the military off ors bad sworn against him.
been accepted a newspaper in Ireland published Throughout the obole of the legal proceedings the
an account, or rather a partial account, of late government had shown a bias against the catho-
the transactions in question, and of the inquest; Bc tenantry, and had by every means in their power
and in this newspaper the regiment was charged with being sought to protect the soldiery and the tory party who la id

called them into action. it was the they of the government
to send the case for trial whatever might have been their
opinion, and they had done so in the fairest possible way;
and, as he had said, the prosecution failed, nut because
there was ne case, but fur want of identification.
The honourable and learned gentleman then pro-
ceeded to discuas the law of the matter, and contended
that although soldiers did not lose their rights as citizens,
yet they acquired no greater rights end were subject to the
same liabilities. The right honourable gentleman, M
bringing this motion before the house, had made al &infra-
' lar selection of a subject which was to occupy the attention
of the house on the evening of the day dedicated to the
patron saint of Irelaud; and instead of permitting mem-
' bers to meet around the social board in honour of an insti-
tution which wee intended to promote the benefit of Ire-
land, hail done his best to inflict on the house an Irish row.
lie (Mr. Fitzgerald) knew, however, that if any asperity
11 was imported into the debate, the colleague of the right
hon. gentleman, the hon. and learned member for Ennis-
killen, would pour the oil of his kindliness on the waters of
discord. (" Hear, hear," and 'aught( r.)
Mr. CAIRNS said that the argument of the hon. and
learned member for Ennis turned on this, that it the cue
lof the Siz-mile-bridge was examined, it would be found
that the soldiers were not lusting' in tieing in the lane
that the Attorney-General told the jury that lie was seda-
ted that every soldier who fired in the lane was jte.titied in
doing so, and he could do nothing eb.e. If the evidence
which had been read by the honourable and learned
gentleman was not brought before the grand jury,
the Attorney- General was responsible for the omission.
He had hoped that au assurance would have been given on
this oceasion—that the whole question would have been
met in that way—that the charge of Justice Perrin had
been misreported in the newspapers; laud all he could say
was, that if Justice Perrin hod properly hid down the law,
ouch ought not to be allowed to remain the law one day
longer. (Hear.) That law, according to this judge,
amounted to this—that a soldier was so far to be held re-
spousible, that he was to know by intuition the exact

meat when his own life became eiecially in danger. (Lieu,
hear.) That was quite absurd ; and if this sort of thing
was to be held its terroresta over the military, then
the interests of the state, having regard to the
frequency :with which the military were called out to the
aid of the civil power, would certainly suffer. lie would
ask the house whether there had been a firm and impatient
administration of the law in this case? (Hear, hear.)
Would not the peasants of Clue believe that tee govern-
ment were afraid to put the priests on their trial ? (Hear,
hear.) Would they not believe that the soldiers had not
been prosecuted, in.order that the priests might be let off?
The head of the goverament stated that the priests woald
be put on their trial as well as this soldiers. But the Attor-
ney-General for Ireland did not act in the spirit of that de-
claration. (lieu.) The right hon. baronet opposite (Sir
J. Young) had said that those gentlemen who opposed the
popular candidates must have recourse to uncon-
stitutional practices in order to expect success.
He (Mr. Ceirus) thought that the object of
elections was to ascertain who was the popular candidate.
(Hear, hear.) It was rated '2OO years ago by Sir John
Davis that no nation in the world loved equal and indiffe-
rent justice so much as the Irish. If it was their wish
and intention to promote that feeling ins Ireland, that wish
and intention was miserably marred and thwarted by the
occurrences which formed the subject of the present me-
Lion. (Hear, hear.)
Sir J. YOUNG said the charges against the go-
vernment were, that they had put the soldiers on their
trial; that they had not prosecuted the priests; and
that there was a discrepancy between a certain statement of
the prime minister and the conduct of the Attorney.
General at Ennis. Now, with regard to the
trial of the soldiers, the coroner's jury returned
a verdict of wilful murder. If the right hon. gentleman
(Mr. Napier) had so strong an opinion of this verdict as he
seemed now to have, why did he not internose the authority
vested in him and refuse to prosecute ? Why did he think
it necessary to appeal to the Court of Queen's Beach ? The
reasons given by the right lion. gentleman seemed to him to
be quite unsatisfactory if he really held the opinions he had
enunciated that evening. (Hear, hear.) The right hon.
gentleman appealed to the Court of Queen's Bench, in order
to justify his interference under the authority of that court.
But the court refused to quash the verdict of the curonerb
jury, and the judgment of Mr. Lefroy aid not seem to reston
entirely technical grow do as stated by the right hon. gentle-
man. The learned baron said they were bound to consider the
consequences of the motion as regarded public justice and
the due administration of the law. At this stage of the
proceedings the right hon. gentleman was withdrawn from
the conduct of the case, and the present Attorney-General for
Ireland was substituted, and he found the verdict of the
coroner's jury confirmed by one of the highest tribunals of
the land. Supposing the right hon. and leurned gentleman
apposite did not wish to interfere by a ;toile prusequi, surely
his right hon. friend was more justified in not interfering.
Then what did his right hon. friend do ? lie did not avail
himself of the quibble, for it was a quibble, of saying that
the mimes had been moved into the Court of Queen's
Bench, and that no one could move them out without the
power of the crown. He did not put the soldiers on their
trial merely on the coroner's inquisition, hut he presented
bills to the grand jury of the county of Clare. He
had been blamed for placing the name of the Rev. Mr.
Burke as one of the witnesses on the back of the hill, and
not placing the names of the officers. Now, with regard
to the oilmen, it was nut usual to put the witnesses for the
defence on the back of the bill ; bat as regarded the Rev.
Mr. Burke, he was a material witness for the prosecution.
The bills were ignored. His right hon. friend gave the
..net., at the ...lute.. suit the see In the charge of the
grand jury, and gave no evidence against them, and the jury
consequently returned a verdict of acquittal. That course
was one which bad received the sanction of Lord Campbell,
a very high authority, where a woman had been found
guilty by a coroner's jury of manslaughter, and the grand
jury ignored the bill; and he said it was contrary to his ex-
perieure that any evidence should be given in such a case.
He now came to the case of the priests. As regarded the
Rev. Mr. Burke, whose name appeared on the back of the
bill, his right hon. friend considered it would have
been an unusual and improper course to present a
bill against a witness in one prosecution at the same
assizes and before the same grand jury. The bills were
sect up against the soldiers for munler ; the bills which were
to be sent up against the priests aad rioters were for mis-
demeanor. But it was said, supposing these parties
were not put on their trial at the last assizes, why
should they not be put on their trial at the next
assize' ? Now on that point he put the opinion of
his right hon. friend. against that of the right hon.
gentleman opposite. Mr. Brewster said that, as regarded
the Rev. Mr. Chau, the evidence rgainet him was very
slight. It consisted only of his saying at the Court •house
steps, when the military were half a mile off, " Can yon
bear to ace them bring up the voters to vote against your
own religion;" and, if every man was to be charged for
an imprudent word, he wondered how many would escape.
As regarded Mr. Burke, the evidence was very contradice
tog. On the one hand he was reported to have said,
" reue, peace ; " and en the other, that he wed inflamma-
tory lensidige: `rf these men were really morally guilty
they ought to have been prosecuted, but it was a different
thing keeping a prosecution hanging over their heads, and
keeping up ill blood. But there was another view of this
caso. It was a very common practice in Ireland, when
prosecutions had been instituted on one side, to try to
get up prosecutions on the other; and there was strong
reason to suppose that this was done in the present instance.
The present Attorney-General fur Ireland was the firmest
man at the Irish bar ; he had long been an ornament to his
profession; end the house might rely upon it that when Ite
stated that there was not a case to go to the jag it was a
hopeless affair altogether. At all events, the opinion of the
present Attorney-General was entitled to as much credit as
that of the right hon. gentleman opposite. As for the idea
of the government having obtaiaed political support or po-
pularity by not proceeding to a prosecution in this case, he
entirely denied it. The only means of obteinisg popularity
or support in Ireland, was not by adopting a truckling
spirit as had been insinuated to-night, but by adhering to
the law and seeing that it was administered with fairness
and impartiality. (Cheers.) The people of Ireland were
occasionally liable to be made tools of by political parties,
but the house might nevertheless depend upon this that if
they pursued any other course but that which he had just
mentioned they would find themselves leaning on a broken
reed. (Hear, hear.) These insinuations, he repeated, how-
ever, were perfectly harmless —utteray_without foundation ;
and he must say that the right hon. and learned gentle-
man would have better consulted the interests of public
justice if he had abstained from moving for these papers
or from making a speech so full of ungracious bitteraess al
that which he had made to-night. He quite agreed with
the right hon. and learned gentleman that this question
must be sifted to the bottom, but instead of its being settled
upon a motion for papers it should be disposed of in a mo-
tion which should convey a distinct charge against the go-
yernment collectively or the Attorney-General for Ireland
individually. Let the question be brought to a direct and
definite issue in one way or another; and he-should be pre•
pared to meet the right hon. and learned gentlimen ; but
in the meanwhile let them hear no more of the insinuations
that had been so freely thrown out in the course of this
debate. (Hear, hear)
• Mr. WHITESIDL entered into some details of the
affray, as given in evidence before the magistrates,
and pointed out some inaccuracies in the statements
of Mr. Fitzgerald. He admitted that the late govern-
-1 meat had come to the conclusion that there was not a scrap
of evidence against the soldiers, and further that they had
been outrageously attacked, and were justifiably acting in
defence. Oa that ground their conduct was perfectly con-
sistent in not prosecuting the soldiers. Refining to the
prosecutions at Ennis, he observed that they had been a
system of manesuvres. If asked why they did not prose-
cute on the finding of the coroner's jury, he would remind
them that a coroner's jury had found the noble lord the
member for the city of London guilty of murder.
I (Laughter.) When told by the Attorney-General for Ire-
' land that he was about to try the soldiers, though the
bills bad been thrown out, thereby deciding that
!there wee no case for trial, he had expressed
I his extreme surprise at this extraordinary course.
He was confident that nothing like that had taken place
in Ireland for the last fifty years. (lieu, hear) The
speech of the Attorney-General was a most remarkable
one. That officer had no right to pat any one on his trial
°m except
e o to
Arie r
wo veeuhtinmi
might
itl thye, aAntith,
rneoetyt.
eceset ar sl
i ha
this
etinn::
try have placed L ird J. Russell on his trial in consequence
of the absurd coroner's inquest to which he had inferred.
(Laughter.) The real explanation was that Lord Aber-
deen's(eer, speechheerl had The
.aztrtieveende
yi-nG e
enene
3dt bee, t
tme
de etch teits who.
behest d John Leesom not enilty ; notwithstanding that he
put him upon his trial. (Hear, hear.) Though tee learned
gentleman hail condemned Mr. Delmege's conduct as inju-
dicious, he still allowed that gentle ritta to remain in the
commission, though his public tonal:lunation of Mr. Del-

I

eke court room at Eons., had held him up to
gonrJ 14"1` mw, mud made hi afraid to stir
w armed to the temeth. (Hear, hear.)
dr,muged the conduct of the executive in this matter as
•
Cr..tte..n•i• eut (Cheers.) If this gentleman was
--n.,,,„,peeest. VIII was he showed to remain one hour
oc s, strata ?—why was he permitted to re-
s ie a psi,stsOn in which he could again lead her
luau
.to tnalis into positions of uontivasary danger?
(itear' ) The hon. and learned gentleman then re-
hrrvd th, utetnetion of the tool. against Mr. Gow and
the other alleg, d rioter' from the grand jury room, sad
kur if that was to be underatocel as one of the features of
rtmientra Doi of the criminal law in Ireland under the
g vernment ? The right hon. baronet (Sir J. Young)
racet,,!. the house • -lecture on political ethics,
anal had toll them that no man had a right to contest a
r sett' or • I, rough unless he had beforehand with him
;Act was called the popular feeling. (" No, no," from ow
j Nell, then, the unpopular feeling, that was,
tint to parson might contest a county or borough in the
ro,„ Cul. %%unhinge that was able to poll within two
e of his sueenof opponenr, anal that to no so was to
rrsrut a ease of rebellion and tyranny. ((tear, hear )
It bet been asked why bad the attempt been made
to .i.,p the proceeding* on the inquisition ? That
c had been taken un the authority of Lord Hale, who
dal Lad it down that when the verdict was adverse
ti the evidence, the inquisition might be stayed
on ariplmstion to the Court of Queen's Bench.
Ts, right boa baronet hail said that the priests were not
uor.::y guile), and that had they been so they would have
toners ll...toted. But he appr, hooded the question of guilt
Of InSPLenCT was tar • court nut of m rats but of law to
dt,gri., and th e right lion. hamlet could not know whether
,j. re was m ral guilt or not. After shortly alluding to
• of the topics iu the speech of the hon. member for
ken ,s, the hos. and learned gentleman concluded by de-
claring that this quevion was subsintesl to the house as
an at Jodie, and in no partisan spirit, but it had been
hcce.o,i servant because the necessity of the case required
it, and in ant r that the majesty of the law might be vindi-
(Che, r. )
The ArTOILNEY-GENERAL said that the hon. and
learned genii. man had called on him to express his opinion
a lais question, and he would do so as well as he could is
the sleet time that was left him. He would not enter into
ary discussion of the law, as laid down by Mr. Justice
Palm. That house was rest the place for sitting on appeals on
the chutes or judges. All they had to deal with was, the
aptitie charges which had been pro (erred against the Atton
'glittered for het ind. 'l'hose charges were limited to
two, namely, that he had put the law in motion against the
wide rs cone. rned in the affair at stannic-bridge, and that
he bad not put it in motion against the pr.ests, who were
• • • ailed in the riot there. Ile had time kit hint to do
use.,
just.ce to the cause of • gentleman, who wes not present
cojej,cd hiniseif; and he would say that the hon. and
weed gentleman who had just addressed the house in so
impesioned a manner, anti in one of the bitterest speeches
ke (the Attorne)•(ieneral) ever heard, in which he sought
to blacker and crash • professional brother—(" hear,
hear." sad cheen)—ought to have remembered that that
gentleman was not pro...cot, and have left enough of time
to have enabled the person who was to follow him to meet
the sharers he had brought forward in so embittered and
envenomed a tone. (Loud cheers.) As to the first charge,
it should he remembered what was the position of the
Attorney-General for Ireland on his accession to office.
Ater the affray at %snide-Midge, inquisitions had been
found by two coroners' juries, one tor murder and the other
for manslaughter against the soldiers. That waa no trifling
matter. Blood had been shed, and it was not competent to
the thou( law °their of the crown in Ireland, where he was
in fact the public prosecutor, to withdraw from the course
of law those againsawhorn those inquisitions had been
bored, and that is • case where seven live* had been lost.
The potties of the Attornej-General was rendered more
difficult hr the cours, which had been taken by his prede-
cessor. That right hon. gentleman, the Late Attorney-Ge-
arral, Ceding that so long as the inquisitious were in
ozoteace he could not stop the Course of justice,
went to the Court of Queen's Bench to got those inquisi-
teas quashed. As Ion! as they were in force, he dared not
Mee on himself the responsibility of stopping the course of
the law. (Hear, hear.) The present Attorney-General
sl:..wed the law to take its course ; but in order to avoid
the chance of the soldiers becoming victims to the popular
feeling which ciliated against them, instead of putting them
as their trial before • petty jury on the coronet** inquisi.
tors. which in the then state of public feeling would hays
beta most perilous to their safety, he interposed • grand
pity which, consisting of gentlemen of character and inlet-
h.t.nce, would be must hkely to deal with the reel merits of
the ease. The result was that the balls of indignant* were
ignored. It was said that the Attorney-Helloed eight to
boos pat on the hacks of the bills the derase Of
the eaters whose evidence would have 1111111111111141
to the accused; but it was no part of his duty se Ileiteir
say magistrate to bind over the whimsies which aptillgsm
mightws.htabring forward. It was well knows diet au
wane Wien by grand juries wee only to see that apringsfkihe
Illielelineet to put a prisoner on his trial wsesMwla
NMI whoa that wee made out to their satisfeeded. belles
LT=that they did set azansias all the ultiddase es
of a bell. It was charged egaisat the AtheNety-
illereal that he did set wears to this accused the tsewtae of
enhaellnig Ode debase. Now, the troth was that hie
delition. kind the flocretary at War had given direetiess
eitilhe IMOD of defending themselves should be afforded
ens. sad they of their own motion selected as their cons-
ul the his. sad Warted gentlemen who had just sat down.
almeriag.)
/IL 31APIXII-1 arm heard of it before.

The ATIOVAIRY•GENLItAL continued—That only
sbowed that to. us attack is professional brethren a little
condoler ongbt t. be emesionl. (Cheers.) The object of
the Attorsorthrusrse 'tad Men to do an act of justice to
the soldiers; after UM beealsed bees thrown out be conse-
quently stated to the allePlnolled j his belief that there
wee no sass easiest duo solditr.t may the most per.
mem iwNwwitf owl" heA ottribotoi is, each motive. as
that esolless appals Mil votary' to. With
raped to do .is ionosolloo of Us. Burro, be thought
the Algagmereeneral foe belong bail acted sot only
with disseotio• bet that no other own was paellas to
his. He swiped is the seatimoot. SIM • man ought not to
tempos prosecution because bo moil priest ; but the qum-
boa it desirabl• to tinfoil the feeling on this
sitter by • prosecution ? (Hear. bear.) Seeing the vehe-
ment passion imported into such questions by hon. and
bunted gentlemen themselves, it would be • subject of
deep regret to renew the fury which had prevailed.
(Cheers) accused bon. sae learned gentlemen opposite of
cruelty, li.inhnees, sad injustice in their attack on an absent
men; and he repudiated, with the iodignation which was
deigned, the attempt they had made to vilify a gentleman
who was an onsament to his profession, and against whom
sot a tittle of rational accusation could be brought.
(Cheers.)

,
Lord A. N ANS gave notice that, on a future occasion, he
oval broil forward sone resolutions on this subject, and
he ties hoped there would be • noire favourable oppor-
tunity than the late hour (hulf-past ow) now permitted, of
going farther into this subject.
nu notion (fur papers) was thou agreed to.
The bun then, at 2 o'clock, adjourned.