The Express.
London, England, 1851-06-07 00:00:00

&aged by the Attornay-Gaseral, and the Atioreey-
General aim. But hew Med the fact? Sri set the
Attarnapseensral bean enimini with the MOMS at
this gm e any, tied ill be de lint wild din thaehLMlk
had a right, Under tie doiramems, to Mee
Unfortnnideb this was aft a ram !barely a intliee
toriety, lei or hiried gooses, or yr the Adlimet
General haunt dm Ma tibia thrid=ll/114
leountry antisignie be !rid
1 with there brit rear heibee *.u, be bid tigLit
=on of there. mil boned leamber he
be thriller{ ilme benegiens to drew is
arldoessilim olio k
mg* mga Mrs Indira/fie. wid at
the am
..los mst shot his irpm to re
fact that tit he hilinheromeral had been warmed
with the awsndhh et this duty, and yet bed
failed to MS IL sessit) The progoeisisa ahes
boa. end lesennil froths, kr Abingdon Or& brier
both olgootionno he k repaid to suers • rsled err
the Attorney-OmM when he did not llirdfehro to act
Mr. BETHZIL sad Lord J. AMA rose thinthe iv
hat there bljalend aril Let tho lir le. the edit lord
Pm Inge we rh Dori goessidal Urine ibe arrit-
in. He egret wry gosh sib Or be& norm he
Major imi own thee *yr* met le
and poi killer meirillet glib lte =pore%
the pare eamiaa-4111
"than leek fklaeill St. _IIIMISMICYIIIIII/11.711:411
of a sweedens ahem ftemid be left to a eneenen Whop,
sad not to the rails gmenenisr, he midi nee Weallneldre.
He defied any lawyer UM oililme olds albs house in pair
a single bran is aphiabiecat riseal oars, writ
woo to be tired with was hto it a private in&
dual, mil met to the pessesear. And when it was said
by the her mileria lirt rimy err robs gm this
swam at heirehr hoer the public promoom Moo
Ant law same of this am, slept at his post, ho leml ontes
ask where was the rata *Bar of the hors
slumber? It had been amassed by essay hear.
=0
who addressed the house, that when this sedan Mil or
been instituted at the suit of the informer it would Maw
forth be subject to the control, supervision add deer or
the Attorney-General. Bat according to the 181101.0 la
which the clause was framed that would not be re ark
for this proceeding was not to be a public mdse, but in the
nr .ure of a private action. (Hear, he..) And what
1 . him ask, could be more paltry then le recover
a sum of 1001. as the sum due for a grave public offence—
that for your retaliation of this notorious offence of dd.
public affront put upon you in the fens of Europe and the
.world, you should divide this mid illei. with an indivd•
dual who came forward to get the emeeet of the A
General to an action which would put • sum at =I; C
his own pocket. (Hear, hear.) Ye that was He NUNN
recommended by the hon. gasilimaa, Wm, hoes&
they entered upon a as of par= logliseline.
(Hear, hear.) He begged Ho Um Is Or=
of collusion that would aril thlopersoltka re
For if the Attorney-Geed with as was soggialek a
pacific, and a private individual mum forward under the
pretence of performing his ditty, such individual, though
he might appear to wish le te the law 'ht be far
from being sincere—he might ailed, with law,
and then the whole of the promargo would be bar—
the Attorney-General would me sestrol over the to.
lion, and thus this proses/Jag might be made a she"
a protection, and a mum of evasion by which the
offender might come of with perfect impunity. (Hear.)
This would not only be pray legislation, but it would be
an oversight and a blowier en the part of the house which
he should deprecate the poseibihty of its committing.
(Hear.) Then what was the feeling, the religious feeling,
with which stab • chase would be regarded ? (Hear.)
Did they think ire it weer conduce to the happiness or
comfort of their Rearmailidie hallow-subjects, or of the
community, to male then subject to the inquisitioei,
and to place these to the mercy of every informer ?
(Cheers.) He ardsral that in assenting to the
proposition now made they would be departing has Hs
sOrit of Mk jurispedence in analogous cases, by =
tits proseseion at • public offence from the
it
prosogre or it under the control and sireads.
timissee of a 'vidual, not foe the purpose dia.
Odin a pub e r pediment—of imposing a penalty or ire
to redound to the amemimity, but that he might met •
sum of 1001. Isms UR unfortunate individual, by
the consent et Or Affierney-General, who, it was fli=
might be slumbering at his post. (Cheers.)
Mr. REYNOLDS moved that the Chairman report pro-
greet. (Oh, oh.)
Lord J. MANNERS raid it appeared to him that the
objections of the hon. and learned member who had just
spoken applied rather to the proposition of the hon. aad
learned member for Midhurst than to the propesitiea
of the honourable and learned member fur Al.ing
don, which was now before the house. (Hear, beer.)
The amendment of his hon. and learned friend was more
guarded in its character, and the reasons urged against it
by the hon. and learned member (Mr. Bethell) served only
to impress upon him that the necessity for it was the
stronger. They had not only to guard against the inert-
ness of the Attorney-General, but they had also to
against the inertness of the House of Commons guard
itself.
(Hear.) The (median they had to decide was,
_whether they
would have an effective or ineffective bill. (Hear.)
Lord J. RUSSELL—According to all analogy, I certainly
think that the prosecution of this offence should be left
entirely in the heeds of the Attorney. General. The
offence is an offence against the state and against the
crown, and the Attorney-General representing the state and
the crown is the officer who oufrht to prosecute in all such
eases. Would it be at all reasonable that in a case of libel
against the sovereign, a common informer should be admit-
ted to come in and institute a prosecution, in place of the
Attorney-General ? (Hear, hear.) The only reason which
appears to me might weigh with the house against this
ltdis, that it supposed, and taken even for granted,
thtM ma
proviiions of the statute of 1829 have been con-
stantly violated, and that the Attorney-General has connived
at these violates'. Now I will say that that assumption '
is totally at variance with the fact. (Cheers, and " Hear,
hear.") I should be disposed to answer for those with
whom I have been connected, and who have held the office '
of Attorney-General for Ireland. I should answer for Ro-
man catholic attorneys-general—l should answer for Sir
Michael O'Loghlen, when Attorney-General for Ireland. I
recollect on one occasion stating to Sir M. GLoghlen that
suspicions were entertained that he had in his official cape-1
city favoured Roman catholies ; and he answered me by
saying, "If you give the slightest belief to such insinuations
you must esteem me unfit to hold the office, and in that
case I would beg to resign at once." But there
are other men who have held that office, and
who, I think, you cannot suspect of exernieing
pespartiality, or being remiss in their duty. You comet ow
t the present Chief Justice of the green's Bench la Ire-
land—a man of unimpeachable integrity, • man es well
acquainted with the Claw as any man can be, and a man,
moreover, not likely to give way to
an_y partiality in favour
of the illegal assumption of titles. Then there is the pre-
sent Master of the Rolls in Ireland. Do you say that he
did not perform his duty when Attorney-General for Ire-
land ? and yet such is the assumption on which we are
called to support this amendment. (Hear, hoar.) I di
think that any Attorney General would be unworthy
of his office who consented to give his commission to
an informer to perform such duty. If I saw an Attorney-
General come into this house who had given his
minion to aa informer, I would certainly say that if this
is a state prosecution why did not the state officer take it
into his own hands ? why did not the Attorney-General
institute the prosecution? (Hear, hear.) It would be a
bed example if an Attorney-General, having some doubt
on the case, being uncertain as to whether there ex-
isted evidence to bear out a prosecution—were to
say to any common informer— 'You may take up
the prosecution; you may just try your chance et
getting the 1001. penalty, but it will at your own risk."
(Hear, hear.) That would really be, MI my hon. and
learned friend (Mr. Bethell) says, petty penal legislation.
(Cheers.) An Attorney General who would act thus would
be totally unworthy of his office. Believing that neither
Chief Justice Blackburn, nor the present Muster of the
Rolls in Ireland, nor Sir Michael O'Leghlen, nor any other
person who has filled the office of Attorney General, had
betrayed the trust re r in them, I must oppose this
amendment. (Cheers.
Mr. REYNOLDS, consequence of the lateness of the
hour, begged to move that the chairman report promos,
and Lk leave to sit again. (" Oh, oh." " Divide.")
Lord J. RUSSELL—I must say that there is no ground
whatever for agreeing to such a proposition. (Cheers.) The
house is now more than usually full ; fuller than it boo
been at any time during the course of this evening. The
her and learned gentleman opposite has made his proposi-
tion, his speech was listened to attentively by the house.
The discoidal was continued by the Master of the
Rolls and other hon. member', who win all anon=
heard, and I don't know that anytVain be
to the argument on either side. It is Met His hall
house will give • decision reilsedeg the et parder
ment better than can be arra gm Egg her oreleil
and I therefore think that Ile demill mew dime st
amendment. (Cheers.)
Mr. KEOGH did not think the =ire gr owed%
progress so uareaeonabie as the bet esmeel le
imagine. It wee not more than an be doe die Heide
lord waa most NIZIPOO that the debate dineil be es sessaL
When they hod beat left with the =now
rity of re, dry had not bun desirous to
continue the Alarmism ; and now was it was hiked
twelve o'demit, or at Irish yarn bad taken re le sr
gobile-444 di—ho hoped be was stating' die Ihr.
r agar mogirwilicoa hick otaaiteergy bed agar
&rift Ihs dlomore—St might be ger ameogior he
rm. gentisson who hed boom may holt gm kr in the
bows to go is ; but it was we no Noy • asiar Ago has.
who had boat dire a mssrmiliess has twelve
Irial:elea_. __ _
_sr hod lase k the roe row alidds, divide.)
111 r. HITHOLVIS hod rimer He Muss to 12 rink,
so
end bepar d Isr
mared or era Ho bed eft eves had dotsle Arm (Lisegkisr4 Ikeda is tbst
Idle mmorban withal to rook en tee est, mamindd the
those are screws_ ores of the day error of, it
re gar isogrolde in bat tzar in his motion kw re-
-11=1741111..
_lllllNEttilmos idersty's air tau bed
go rem os rah di if It wage • germs of imil=
ry hen. smare swig ham 411 la hod
the Micea the taistalse be (Lad J.rumill) Ird
silusid a °ablate Ma we ill far o'clock or its had
boat ii the Mr rig di the ins roe. Ho hewer?
poshamil ir %air gar burr to his own son.
rinse or thee the lass soir ie dims of the'
rameromt that (Milk, &via.)
Thu hero dr air a; the moire of :sporting
FlefiwaL
TIN Mord,' Winn 4l
Afeisig