The Express.
London, England, 1850-02-19 00:00:00

THE EXPRESS, TUESDAY EVENING, :FEBRUARY 19, 1850.

Leonia the distressimg eyelets wide' osseered,Aiaafer-
sugaiLtssiletouated 49, was ilmad.daid#ll:: kid
*di W Kr. ateaubsioner Oil
Keels* bed saes rus fa by ibis butt et
a
tnirisf, bent. That was *Pry eledo We-
evened to vs so dillistity is go.
/araholiantweeple Misled by the best Po ad ag
Wage* The pay evideees pod **le
plat wee the 'Meow of ewe Paddy M'Gtsddj, paw
*at he saw thi deeseetd Wog with his heal Wawa 1.,
sed his eyes wet ell* hood ; sad the pianos of Ye. Sob-
=1:11alp, gibe slated that he saw hiss lying la the
411.009 delt he ippeared to hap bum shot
eight through thole*. Asiltepen this widows )(z.
who wee ensile to demi& GUN the &kg of thT2
hid eine se the envied= that the shell of the
had boss betteved is with the bettArids at Oresgellehe
avehees. Mr. Fitsuserise hes alas stated, boa se leg*
Pieties of Ps body of tbe deemed, that he bad asi
night that be had met with his dee* sot hop 111 IMO
sed. but his the ether *ad. It wee tree that tee mew
tenets dessessirs shell we best.. .in but he (1491
Illesley) art inform their loodship that obey
Pe Isset had knee dead on the read, twe
ef dlegetes had pad Wass the reed sad ever the 3
The wee. he thenght, .pite saddest le assent fat
shill beim basso' k, while the metes! pose., of a
ho the bras wee a allisiegt iodisation obs of the men hi
1 *kb be mil tie death. Mew; MSC I His el-
, _waft to the Omdmilis • IlliS
&e el Reba lid aged Impenlealsvigrarimeini=e.
hie* as
_jeep oda ease la gala he wee knish
la biped Ed OM diIIOINISMIMI did sot wagroat the WINO
to m» et bi dienigal ben Ws essamigsisa of the paw
MT. &ride% modem at that tevegil was very re.
preheasible. Ha bed sisimpted
*lkeM th• li.
Waal sad revert the pone of Oa the 9th Of
Osteber a sees* eased* el slesibes wee hold at Calk
Rod.. aotwithe Ws metes,
:IIE:a migessation owe Joked W 111 en
nui
nightraisa Is the uweatime sa sot had Men MO hoe,
to lOW lit beggsd to call the special stssulle• of beelior
Jolla poieuismat. It was AO 12th It lab of Qum Vie.
lagg. gel was Why, "As am me the yrebiethe id
Wain laleinail.' By that set. goblet esatil e=
=lrse the 2d of October, it was saseled.
a ell saws is which a justice, or Justine, of Ws
/tom it ranee to do any set relating to his or their
aMee.ltshaU be lawful for parties to apply to bar Majeateg
Own et Quea's Booth in Imbed, e• ea agdavit se did
ink ler a risk eagles ape seat Joke er jugs's, sad a
epee the piety same' by gash M. to slew mem why
ail tee en boss am r ea if new deg serest of se*
lead wen were an stews makes it, the mart might make
sise Me anelats, sed Ms jostles or Judea, won nag
mond Wes It, Wept be required to do the set is question.
It espered I. him, Net that would have been the in**
and he epicure made of proceeding. (Hear, hear.) I.
had sew nearly concluded the stations. et which he had lilt I
vaatatary to maks. Those wee, however, one other ping to
while he soak set refrain from edverting. It apes Anil
the mbar. sub se they were, were lied
of Ileptenber ; which tins letter of thielwerader4exteeary le
the Lord Chasallor, detailing the fa* of the ONO Mg
esmaiseting upon them, was dated the 6th of Oildwe ;
that letter concluding with the statement that the embolden
at which the Lord Lieutenant had arrived was that a due
regard to the administration of jostle required that the
•
_,_

Nal et Nobs sbeebt be sepenecled is the wesaission
of the pew. New be (Leal Stanley) bad thought that
the magietratise et Imbed, as well as those of Erse-
land, were stabled, sot to the authority of the Lord
Lieutenant, but to that of the Lord Nigh Chancellor.
Safely, surely, e• Te the Lord Lieutenant's recom-
mendation, the Lord road the evidence, the Lord
Chancellor isquired what t►e immigrates had to say is their
own defence ; the Lord Chancellor submitted to them the
evidence which had been taken against them, and awaited
their is insideration. No such thing. Not one of these

requisites of justice was ountilie—erl 'with. On the llth
of October the recommendation of the Lord-Lige.
tenant wan conveyed to the Lord Chancellor, ate
companied indeed with the report of Mr. Dewiek,
but not, so far as appeared, with the minutes et
the evidence taken by that gent/ernes ; and on the very same
day did the Lord Chancellor, in *bedlam to his Excellences
recommenoation, summarily, arbitrarily, without inking the
accused for an explanation, without furnishing them with
the evidence, dismiss three magistrates, all of wham W
acted irreproachably, and one of whom had held the cede-
sion of the pewee for forty years. (Hear, hear.) Bach an
act was altogether unprecedented. (Hear, hear.) It was
an abrogation of the functions of the Lord Chancellor of
Ireland, and the degradation or him into the awe
ministerial tool of the executive. (Cheers) In the
degraded position to which he was reduced, he did not go
through eves the form of justice by asking the
magistrates whose dismis al was pending what they had
to say is their defence. (Hear, bur.) And now
he asked, what had they gained by the scum which had
been pu.sued ? Had they established any tine point of law ?
Was the low a bit clearer than it was before this proceed.
leg ? (Hear, hear.) An application to the Court
of Queen's Bench might have settled the use ;
the dismissal of Lord Roden had not settled it.
May, the dismissal of Lord Roden on the 6th of October
had art led his brother magistrates to vary use jot from the
opinion which they expnosed, when they determined teat
they would not receive informations. (Hear, hear.) Did
the government think that they had carried with them the
feeling of the country, or produced an impression that there
had been • fair, judicial, impartial, cautious, and deliberate
application of the law ? On the contrary, had they not by
the dismissal of Lord Roden crested, among the magistrates
of Ireland, the feeling that they were henceforth to be subor-
dinate to, and dependent upon, the political chief of the
day? (Chien) Had they not agitated and distressed the
most loyal portion of her Majesty's subjects by dis-
missing magistrates of irreproacnable character? (Hear.)
Did tln y believe that they ha I lowered the character of
his noble friend (the Earl of R ides) amongst these who had
hug known and valued his estimable qualities ? (Cheers.)
He did not indeed suppose that that was the wish of the ge.
'sr-utmost, but if it had bees, far indeed would they have
been from attaining their object. (Hear, hear.) Their thb
minima of his ncble friend had called forth is his behalf ens
remeltmeof sympathy, of kindness, of respect, and of regret
width might well mauls any man even for havii g incurred
the displeasure of her Majesty's government ; and well
might it gratify him to think that at the close of forty yule
faithful service he had received such testimonials from these
who bad known, and could therefore appreciate Ms
conduct. (Cheers.) Those testimonials did not pressedi
from Orangemen alone, or from protestant' alone. (fleas.)
A most remarkable paper had been placed in his hand. as
would not trouble their lordships at length ; but it was.
paper signed by all the membersof the Board of °seedless
ever which his noble friend had presided; and protestants
and Roman catholic, expressed in it their deep regret at the
entree which had been pursued towards him, and bore testi-
mony t his able discharge of his duies. They observed
that the fact that the union wu one of the most Healy
taxed unions in Ireland was ample testimony that the inte-
rests of the ratepayers had been consulted, while the ears of
the poor had been combined with a due regard to economy.
The members of this board of guardians having last
the services of Lord Roden as chairman and ex-ofilio
guardian, had passed a resolu'ion to abstain from filling up
the oth:e of chairman till the .anus] election, in order
that he who had been degraded from his
high office by the crown, might be restored by
the unanimous suffrages of the guardians to the position to
which he bad no longer au ex odfcee title. Before he con-
cluded he must say a few words in reference to the motives
which had actuated him in bringing forward that motion.
He hid not brought forward the qtr etion for the puma'e of
smelting animosity between pronstatits and Roman catholic',
as lot the purpose of reviving forgotten discu,sions and tau
lag questions which mast be painful to all. He onmplained
that the whole of the facts of the case were not familiar to
the British public, and he thought it important that in that
ess ~ as in others, the truth, and the whole truth, in poll-
tkal miners, should be placed before the country, and
that they should be practically assured that, how-
ever estimable might be the private character, how-
ever high the public station, however irreproachable
Ike motives of an official man, be would not be above that
control which war administered through their lordships, and
through the other house of parlianisnt, both acting on public
opinion, if, in the discharge of what he believed to be his
duty, he overstepped the limits prescribed by the law and
the constitution. (Cheers.) He might be inked why, hold-
ing the sentiments which he had expressed, he did not move
a vote of censure on her Majesty s government. (Hear,
hear.) He hoped he should not be taunted on that subject.
He abstained from doing se, not because he thought the
conduct of the government war not open to serious blame,
but because he desired that, as far as possible,
great constitutional queetiou should he kept apart from

;arty emend end ziot be—relije-e-teTd- to Party' iscision.
(Hear, hear.) He brought that question before their
lordships in a quasi judicial capacity He had desired to
lay the whole ems before their lordshlpo, in order that they
mint be able to judge of is merits. But he sought for no
parliamentary triumph—(hear, hearl—he asked for no par-
liamentary verdict. Hs did not deeire to obtain a vote of
censure against the government ; and on a question which
would involve the acquittal of the government in the con-
firmed= of the condemnation of his noble friend, he did
not think it would be fair to his noble friend td place him,
as it were, upon his trial before their lordships. Had be
takes thateenne, pis/ideal feelings and party considerations
would no doubt have influenced their lordships' judgment,
and the question would bays been dreaded, not upon the
merits, bat by the consideration whether or not tim
government were to submit tl a political defeat. These were.
frankly, the grounds on which he bad token the seem
whisk he kM exec He asked for further informal%
WM= he dam* the papers for which he moved were
aeorneary fir the full slusidation of the fasts ; he asked foe
them is oder that by means of the discussion, as well as of
the mew produced, their lordships and Hu public might
have an eppmtunity of judging whether the dismissal of Ms
noble Otiei was a wise, a politic. a just ask, or, as he sea-
tended, as 'auks, impolitic, and erbium, proceeding ea
the pat of the government. (Cheers.) Th. noble WE
eonluded by model;:
Matthaei, bs laid bikes the home canaparkas• Wpm. es
@lief megletmes if Anrek owl Ilea iessolluf psywrawni. la Ski
euethsetleme ad July, lite ; et wey astwelkoslo the
the nth 4
seesaebelmy wese he on
71 in
leek mil it ireg is mlikr. as
Weft wk• wow ma** cwt dam b Orllswdls babe is gm;
Um. eagles* •Mokf w•llprem* woo..
traissmd alms se b tbs prissellip d tke Oa of
My. la mg ef Mar ; alas.•••• of inkruakow Is W.
*wwffk, masawswe*, Ike Newalika of V lady. 1119;
oho, sow d d Juan wirl Ms Porter, fltsd in tho
gem et tbeseee Ikea Is Iflten id. me et :kg report
snmed Ow allirets Ms Poster._ sod wiflog WwwWf ;
sad my of ow ellklal mut * Liewkwrat or
ll* lard Cfmasellor kelonL of th• premeekwe eft* piety we.
dim Mid at Cautlareilist ea the Ilthatitirimita sod the me•loo-
toksf. *O.
?kw Earl of CLARENDON sale ad hen b preceded
to offer a few renerks in reply to the wash of his noble

friend s
eal.h lill sat down_ , he 'sight, whop% .1111 ,psr-
ssltlnd to a hops thellthis a then USK eves-
• sin would not sifterwarde be as • protedert. (Hear,
Mee.) He had erne them swathe to the 'ethos
htheeratition of pabile benison la Ireland, S. order to Weed
as set of the onaestlth goverment i and he had dew se
lames he had usiletathed that bit noble friend is girls,
mimeol bit sethitto, and the sable earl who spoke after his,
threw oat a Net of shallow to himself to appear
is hie plass that main, whisk it might bare appeared
asiesesseisg la —hit ft dilate; •St 'dr erase, hie
de limns wad* hp, sa*a~ed to moss observadese.
H. eadrely agreed With hi . hind (lend litanky) that
so issa is Ilk assoirp, oligbeigpinight **lmhof Mat
cilei
dos, wed above this al pupils ople ; sad great
would be We (lad 'I pelt if the esstrazy were
the Stet. Ile was BO that question had bent
lasught baste thole • for he le that bg sar-
rating cab& lash sad NM'S odoinsies is the
sanative of his ad* he small be OM la plass their
lordships la a pulled bo)edge 'higher the Idellgoverameist
bad socasaihnk ea Ye noble Mead &dared this it bed, aa
at yid,* woo .Bart, arbitenefr and sasseathationsi. or
whither the dhadeial al the twhorsd to ware as
sit I** hal boss kIM her by to. sinew
show ef Ohs saes, resiered Imvsliabb esashiestly
with the Satanic of society sad with the upholding of the
power of the law. (Hear hear.) The point of view is
whie!l Pat, Pneusi,a bad been rill:redid elate 1846 w-
, but mil
a breaches

mgt filitiltif were iisso fordo Is. but ally liable to be-
anie mots rieslaisie frequmatly bresekee of the ream
OrmeMente of left Stanley was a member had per-
med a *filar NOM in mehirring megietratee to that whisk
Ids kedefeig maw elliemitalked se arbitrary sad uneonsti-
tlemeL Per meal had bees his (Lord Clareedoes's) objeM
he pod dem ell gutty proosmions ladiserindnately, or to
provide He the dime, of dasureetras weapon ansorig the
parties telling girt is Oki. (Sear, hear.) A great
deal M elmillsmsat laving ownured is the whiter of 1848
and eillellenSenessit of 1849 he (the Earl of Clarendon)
gamed esmillerable reinfoinessente to be seat to the
musty of Down, and in pardeular to the &s-
-tela where meet tiolwase was expected. The peace
ens preserved; bat unfortunately a *Melon did take
gime, in which a polieemaa came by his dm*. The
eneentive government Maundy interfered, and expressed
strangest desire that the peepetraten of the deed—no
mallet to what party they belenged--akaidd be made amen-
, sags •4, jostle* se speedily as preable.• Thu parties were sr-
▪ ; iahreaations were reeeived against them, and a
egmesa's counsel mat sent from Deblis to goadttet the presi-
gnifies, and they were feud guilty. Os three several ems-
dsme at quarter semimm, partieularly at litikboreugh see-
dem, the law was laid down in is akar and explicit a
manmer as regarded the nature of these processions,
and tie evils resulting from them, that no mad
amid gasbag to be ignorant of it (Hear, hem.) In that
trusteed mattes+ until the 13th July, when he (the Earl of
Clarendon) had region to expects great demonstretion would
take plate. He aseordiagly sent reinforcements of mill.
Mu and constabulary to various localities in the court,
Down. He (the Earl of Clarendon) superintended
the arrangements himself, and he could safely and
einesientiously say that nothing which precaution could
ilia for the preservation of the peace of the country. had
boa neglected an the ocessioa. (Hear, hear.) New, it had
been reatoured abroad that the Irish government was in
powesion of accurate inkrmation se to what would
take place if the procemiln were allowed; but the fact
was not so, for that government had no partkular or
special information at all on the subject. Towards the end
of June, 1849, the inspector-general of constabulary wrote
to the isepecton of several districts in the county of Dawn
and adjoining counties, for the purpose of ea-
attaining whether a breach of the peace wee
likely to occur on the ensuing July festively,
and what strength of reinforcements each would
require. The oily answer which Mr. Inspector Coates sent
was, that the procession would take place, whilst Inspector
Hill made no allusion to the disputed roadway at Dolly's
Brae. Now the noble lord (Lord Stanley), in his speech of
that evening, alluded to Mr. Scott, of the county of Down,
who waited on the under secretary, and reprevntel to him
that a breach of the peace was cnnfidently expected. Now
he (the Earl of Clarendon) should repeat that every precan-
tion had been taken to prevent such ; and he conceived that
as no specific information was laid before the government,
more could not have been done by the government than
was done, without their subjecting themselves to t e
charges and accusations of hating acted tyrannically
and unconstitutionally. (Hear. hear.) Large secessions of
cavalry, infantry, and coastabulary were located in the dis-
trict, and might at any moment he reinforced from Down-
pateick and Newry. He (the Esrl of Clarendon) was aware
that Mr. Tabiteau placed himself in communication with Mr.
Shaw, who expressed his great surprise that any military
should at all have been sent down; and though he was aware
that the procession intended to pass through D Aly's Brae,
yet he took no step whatever to p it. eHear.) In
the case of Mr. Beers, that gentleman also declared to Mr
Fitxmaurice he had no ialuscoe whatever; and, further,
that no power on ear.h could prevent the Orangemen
marching through Dolly's Brae. (Hear.) Well, the procession
did pass througn Dolly's Brae; but so convinced were the
magistrates that it wnuld be unsafe for it to return that way,
that they sent Mr. Fitsessuries to the noble earl opposite
(the Earl of Rodeo), to represent to him the danger, and
that he might exert his influence to di/meats the prof:onion-
km from their determination. Mr. Fitestauric• did proceed

to Tollymore Park, wrier be found tee noble earl ileieorated
with an Orange scarf and other insignia ; and on being in•
trodueed to him, he represented the nature of his mission,
informing him that a large procession of armed per-
sons was in the neighbourhood, determined to re-
turn by a disputed read, and that his influ-
ence was necessary to dissuade them. The noble
earl for answer gave him to understand that he had not
sufficient influence to interfere amongst them On Mr.
Fithotautice making a similar representation to the Orange
magistracy, Mr. William 8e.,. made a similar reply; and
it was alleged that subs. quently Mr. Beers, so far from
dissuading them, advised them to return by the route they
proceeded. The report of Mr. Berwick stated, that " no
step was taken to disperse the illegal body which was pre-
ceded by constabulary, and the rear equally protected by
constabulary and dragoons " The report of Mr. Berwick
then went on to detail the horrors that were perpetrated by
some two hundred of the Orange body, after the two shots
were tired. (" Hear, hear," from Lord Stanley.") A young
boy was deliberate y shot whilst crossing a field an
old woman was brutally murdered by being stabbed to death,
whilst the head of an idiot was beaten in with blows.
(" Hear, hear," and laughter, from Lord Sthnley.) His
noble friend seemed to doubt the statement, but such was
the evidence adduced before the coroner. (Hear, hear.)
The evidence went to show that the Roman catholic chapel
bad been fired into and lajurect, together with the house of
the Roman catholic clergyman and the houses of al re-
spectable families of that persuasion, and that but for the
interference of the troops and constabulary, the loss of lite
and property must have been very great. (Hear, hear.)
Mr. Berwick added further in his report, that "after
the most anxious consideration he could give to the
ere, whilst believieg that the magistrates could have adopted
a line of conduct vetch might have prevented the perpetra.
tion of such deed.. he entirely acquitted them as regarded
the lose of life and property t but that in all their previous
proceeeings they acted as though they misunderstood the
nature of their duty, even to an extent that might seem to
countenance those engaged in violation of the law."
(Hear, hear) Now, though these processions might not be
ipso facto illegal, yet, much remained in the discretion of
the magistrates as to how they should act in such cars;
and on occasions where there was a likelihood, amounting
almost to a certainty, thet violence and riot must ensue from
such gathering', any tali .trate, on having such pointed out to
him and declining to interfere to pr vent it, did not de.
to retain the commision of the peace. (Hear, hear.)
Various discussions had taken place on the Dolly's Brae riot,
both in that house and in the House of Commune, in which
he bad not before that night heard the impartiality or faie-
nce' of Mr. Berwitk's conduct questioned. (Hear, hear.)
Now, he (the Earl of Clarendon) should say that be ap
pointed Mr. Berwick to conduct'that inquiry because he was
• Queen's counsel and assistant barrister of great judicial
experience, who had foe upwards of 14 years conducted the
business of his courts in such a manner as to ensure the ea-
tisfacuon of the magistracy and public fa general. (Hear,
hear.) He (the Earl of Clarendon) knew Mr. Berwick was
not a partisan, but that, on the contrary, he possessed a tho-
roughly impartial mind. (Hear, hear.) And though his
noble friend opposite (Lord Stanley) had dealt most severely,
indeed he would say unjustly—(hear, hear)—with that
learned gentleman in his speech of that evening, he was
eonviaced that amongst the many eminent men of the Irish
bar there could be found none better qualified to conduct
that inquiry—(lsta, hear)—and many persona who had
attended the investigation throughout expressed their
opinion that he had performed his duty in a most excellent
and creditable manner. (Hear, hear.) The noble lord
(Lord Stanley) charged Mr. Berwick with having presumed
to go to Castlewellan to advise the magistrates as to
how they should alt. He wished to know why
be went there, and be (the Sul of Clarendon)
would ten him; because the magistrates of the locality
complained that they should have the opinion of the law
advisers of the crown to explain the law of the ere. (Hear,
bear.) It had been determined on several occasions to obtain
that opinion ; and at petty sessions ten magistrates deter-
mined to obtain an op 'non as to whether Wren hundred
armed persons marching on the public road constituted ille-
gality, and whether they were liable to have information
retried against them 'The answer of the Attorney-General
to that question was, " I have no doubt but such assem-
blages are illegal." He was far from saying that the
magistrates were bound to abide altogether by the dictum of
a commissioner, and to shut nut completely the exercise of
their own judgments. He declared the same on a late
occasion, when a deputation, representing sixty thou-
sand persons, waited on him to know if the
magistrates who had declined to take the informa-
tions should not be dismissed. (Hear, hear.) When
the report of Mr. Berwick was resolved by him, he could
assure their lordships he read it with the eyes and feelings of
a friend, and should have been most happy could he have
found anything in it of a mitigating character. The report
likewise received every consideration from the noble lord at
the head of her Majesty's government, as also from the Lord
Chancellor of Ireland, who both were compelled to agree
with him as to the neeessity of superseding the nebls earl in
the commission of the peace. (Hear, hear) He sheuldaay
it was a most painful act. (Hear.) He had been long
bewared with the intimate friendship of the noble earl, and
leen the moment he came to Ireland he had revived
prooh that friendship of the moot vital and beneficial
kind. (Hear, bear.) He (the Rail of Clarend na) felt the
sin/rarest friendship for the noble earl op, oeite (the E.rl of
&dun); he wee aware how ungracious it world appear,
and what a loss of popularity it would oc-asion him (the
Reel of Clark ndon) amongst the friends and admirers of the
Earl of Roden. (Hear, hear,) He felt and teresew all
that; bat notwithstanding, one feeling was paramount,
namely, that of impartially discharging hi. duty, from the

pusses et wide& he einild not shrink, as he never had
dine, sad as he hoped lie aster should do. (Hear, hear.)
ilmr rises the government of Irehend had been confided to hie
care ids eeat °Nest Or to reader the law in that counts, a
reality. (Hear, hear.) To tiepin all climes with sonfidence
in its imps/till adeninaleatioste and to make them believe
that whisk usfartaaesely they had sot for a long time
mit to belleve—namely, that before the law all inn were
eqMfk thaiigh and the low, the rich and the poor—no
maim whet their stades or politica, the same justice
would he meted oat to them. (Hear, hear.) Therefore, he
maceired he would be utterly unworthy the confidence of
Ws Somalia had he allowed his inalinatiou, however
ewe f, Is Imerakee midi what he meshed to be both Just
sad aSaNiNgis (*.er, blifir 3 U. leaded the noble earl led
fallen lain gelemeas ewe is one regard. He (the Earl of
Clarinda') thought smjadgig ism the laagnage of the
Earl of Rodeo la his repots to several of the addresses pre-
mated to him Witt lie flisaissal from the commission
of the pesos. The Win Mill, is theme replies, had stated as
mush ea that his dismheal was a blow aimed at Pro*, -
amine is Ireland it hi plena, and that, consequently, all
his ao-rellgleabas were la . Now he (the Earl of
Clarendon) should say that be eel neither to the Earl of
Rodeo, nor to any of their I in devoted attachment
tithe Protestant ram. H. he was u incapable as
any sum living of lending hi to a oonspfreey easiest the
tle.
Protestant faith. (Hear, hear.) Bat nothiag could induce
him to believe that the true Worsen of Pretestantiss, and
Christianity in general, were net endangered by amens
bleges and proceedings, the result of which should
be to engender bitter and hostile feelings amongst
the various claims of their commas mousey, from
whose creed, though they might conscientiously dif-
fer, yet whose *Mons and religious convictions
they were bound to respect and never to interfere with.
(Loud cries et " Hear, hear.") Therefore he should say the
question of religion or politica no more entered into the
case of the noble earl than if It had occurred in the most
sequestered locality in England. (Hear, hear.) The gaie-
ties was one of legality of illegality; whether the magi-
strates be the **fortunate ernes Were the house had done
their duty ot had net dose it; that was the question at issue,
and therefore he hoped the sable earl would dismiss all
religious and political phantoms from his mind. (Hear.)
His noble friend had alleged that the impair, made by Mr.
Berwick was unconstitutional. If it were unconstitutional,
there was plenty of proof In show that it had been sanctioned
on former messioss.
Lord STANLEY—What I did my was this—that I con-
sider that the feria of these proceedings was neither judicial
nor m .
Thearuteirtiala CL&RENDON said that it may not be judi-
cial, magisterial, or constituticiaal ; at all events, it was
not eausual. It had not only bees sanctioned in Ireland by
succensive governments, but by successive parliaments, and
every decision that had been arrived at on such inquiries had
constantly been the subject of parliamentary discussion, and
no ibjeetion of this kind had beet mace. (Hear, hear,)
He had got together sundry cues ea which these inquiries
had been made.
inquiries
the noble earl read a list of meet
whittle similar had been made into the causes
and results of disturbances in Ireland for steered years past [
With such precedents before him, on what grounds could he
refuge to institute the inquiry which had taken piece, par-
ticularly as a promise ha I been made that parliament shouid
have the whole facts submitted to them on their mumbling ?
To have refused to have the matter investigated before a
magistrate, and to wait until the Court of Gluten's Bench
sat at the close of the long vacation would have been nothing
but a mockery of the expectations of parliament. His noble
friend had said that he (the Eul of Clarendon) had
no right to rescind the commissions of the peace to any per.
sons on the oathsof any individuals sworn before Mr. Berwick.
inasmuch as those individuals so sworn could not be afterwards
prosecuted for perjury. He was perfectly well aware that
the Lord Lieutenant of Ireland had no right to examine a
man on oath, but he had trade Mr. Berwick a magistrate
for the county of Duro, and he ass magistrate had .is good
a right to examine on oath as any other ma-
gistrate for that county had. (Hear, hear.) His noble
friend (Lord Stanley) had alluded to the act 6th and 6th Wm.
IV, sec. 13. He would call the attention of their lordships to
the terms of this act, as it wagon it that his noble friend founded
the arguments which went to prove that Mr. Berwick had
no right to examine on oath. His noble friend merely read
the first put of the section and omitted the latter part of it
which provided that the act should not be considered to
extend to any oath or affirmation on any matter or thing
touching a breach of the peace, &e. (Hear, hear, and
cheers.) That was not all, Mr. Berwick was in posses ion
of the commisdon of the peace, and he would read exte.cts
'rim that commission, and let their lordships judge whether
under that commission Mr. Berwick was, or was not, autho-
rised to melee the ii quiry. (Here the noble earl read a part
of the commission, which was received with cheers) He
should now say that when he seat the report of the proceed-
ings as forwarded by Mr. Berwick to the Lord Coancellor
of Ireland, he neither desired, instructed, or ordered the
Lord Chancellor to dismiss the Earl of Roden or
Mr. Beer; he left the matter quite open to the Lord
Chancellor, who had perfect liberty either to retain them its
the magistracy or to dismiss them. (Cheers.) His noble
friend ought to know very well that he could take no such
steps. The first thing he did on receiving t'.e report was to
send the whole of it to the Lord Chancellor without stating
his opinion. He found then that the Lord Chancellor had
come to the same conclusion as he himself had done, and
he must add, that he communicated with him on the matter
before he made any communication with his noble
friend at the head of the government. It was complained
that the Lord Chancellor had retained the documents for a
very short time as he sent them off almost immediately; but
it mu,t be considered that he had no occa ion to Belay, as be
had his mind quite made up. The noble earl then quoted
a paseage from a letter which he received from the L red
Chancellor of Ireland, stating that his lordship heard
that it would be eller d in the discussion which
was expected to take place with reference to the
dismissed or the Sul of Roden and Mr. Burs from the
magistracy, that from the terms of his letter it might be
inferred that he had acted solely on his (the Earl of Claren-
don's) directions, without reference to hie own opinion, and
in consequence wished to add, for the purpose of preventing
any misconstruction on the subject, that he had no difficulty
in stating that he admitted the act to be entirely his own,
and to be one which he considered himself as
personally responsible for, and that he had not
the odorant doubt of the justice of the dismissal.
(Cheers.) In vindication of the accuracy of his report, Lid
Clarendon showed that the reports relied on by Lord Stan-
ley were prepared for Orange newspaper., and fal•ified in
many imp irtent particulars, and gave an indignant denial to
the accusations brought against Mr. Borwick's character for
probity and impartiality in drawing up hie official documents.
While professing to du laia the task of refuting the miscel-
laneous libellers who had attacked him in every shape since
the occurrence, the noble earl proceeded to remark upon the
formal charge authenticated by the signature of a peer, and I
accusing him of having courted the Orange party, and offer.
ing them arms during the first apprehensions of rebellion.
Early in 184$, he observed, requests for arms were sent in
to thegovernment ty various loyal bodies, and it was true '
that in entertaining these requests no ten stringent inquiry
was made into the religious tenets of the requisitionists,
But their requests were refused when united with certain
party propositions from members of the Oran,te lodges,
who were the only parties that seemed inclined to turn
their loyalty to account. Lord Clarendon then alluded
to the celebrated loan or gift of 6001. from Captain
Kennedy for arms, which he declared to have been a strictly
private transaction on the part of the captain, and read some
letters from that officer in support of his declaration, ex
;needling a regret that the subj-et should have been
'again opened for discussion. The noble earl informed
their lordships officially that Ireland was unusually
free from sectarian spirit and political hostility.
Ile regretted that his noble friend had thought
fit to bring forward this qipstion, becalme he believed tn.t
it would tend to keep up that angry feeling which they all
considered as Gs: subsiding ; but as he t oped that parlie-
meat would give its assent to a bib which was in
progress in the other house of parliament, and was
brought in to put en end to such party processions.
he had reason to expect that religious animosity in Ireland
would for ever cease. After 20 years of political agitation
in Ireland, after tee visitation of a chastity which was us.
pnecedented in ancient and modern history, and which swept
away the resources of the country, he hoped that the worst
had gone by. and that by the strenuous exertions of all
classes for their common good they might soon hail the
onmmencemint of that social regeneration from which the
best interests of England as well as Ireland wore in-
separable. Toe noble earl then repeated that he had no
objection to lay on the table of the house the correspondence.
' &os which wee moved for, and resumed his seat amidst loud
cheering.
The Earl of RODEN c ,uld not but think he had been
harshly treated by the members of her Majesty's govern.
sent, and particularly by the Lord Lieutenant. He was
I only induced, In thus rising, to defend his private and
public honour from the various calumnies SOU had been
I poured upon him. Re begged to disclaim ping in.
Moonset% by any party or political feeling, or by any
irritation towarthe noble earl, whom he had always
esteemed, and to whom as a friend he war bouhd to ac-
knowledge his thanks for past favours. He would ask the
noble earl to remember the 21st of July, about ten or eleven
.. . . . - .. . .. . .

days after the calamitous circumstances so often referred
to, when he (Lord Rodeo) wrote to him, stating his regret
and pie( at carat had taken place, and offering to cur-
rent!, r his office as a megistrate if the noble earl thought
that he had acted in a manner unworthy of such a dig-
nity. But, at the same time, he asked hint to hear in mind
the danger that would arise trout his doing so, by the
triumph which it would give to that party that was opposed
to all social order. The noble earl, in reply, wrote to him
a most courteous and kind letter, in which nothing
whatever was said that amid induce him to think that he
contemplated the stop which he subsequently took. Until
the 7th of October he had heard anything more on the
subject. On the morning of that day he received a letter
from the Lord Chancellor, removing him from the office
of magistrate, and that communication was accompanied
by a private letter from the Lord Lieutenant, exprissing
hie sorrow and regret to be compelled in the discharge
of his du y to concur in the sentiments expressed in
the Lord Chancellor's letter. If he were guilty of the
charge brought against him, he would deserve not only
to be dismissed from the magistracy, but he ought also
to be ashamed to show his leae within the walls of that
house. The charge made against hint was, first, that he tad
aided and abetted an illegal meting; secondly, that h. did
we. use his exertions as a magistrate to prevent the effusion
of blood ; and, thirdly, that he had acted as a magi. rate in
his owe case to pervert the ends of justice. Weed he con-
sidered the magnitude of these charges he wondered at his
addressing that house, when be ought to stand a prisoner
at that her. All he demanded of their lerdships was fhb
—net to ho considered guilty until he had been tried
and found guil,y. This was the birthright of every man
within the protection of the British constitution, and this
he claim d us a British subject. In the document before

them he had been told that he had been puh. av
reigned. That he denied. Where ? and by whom ?
"ter
it by the Tins.. newspaper or by individuals In aunt:
place ? He was not publicly arraigned. The noble rl
then proceeded to refer to the report of Mr. Berwick.,
which he contended was a one-sided report, sad did not
give so ample and impartial a statement of the evidence as stied a document should furnish. The noble lord who
had introdnoed the question to their lordships had only
done him justice when he stated that he had given to ree
several Viceroys of Ireland, and more particularly the noble
earl opposite, the best support in his power. He reminded
their lordships that in In4S Ireland was in a very serious
and awful mate. There wee a rebellion, which, whatever
was the extent to which some might suppose it had spread
in the minds of the people, at all events htr Maje.trte
government oonsidered to be of a most serious nature, The
number of troops in Ireland was increased to forty thee.
sand, and one of the most able generals in the British
service was sent over to superintend whatever mit
tar, duties might be deemed necessary. He did not*
b
lame the government for the precautions they then took.
On the contrary, he thought they were right; hut he merely
stated these feats to show that they apprehended very 'ennui
disturbances it the time. That was the time when every
loyal men and every well-wisher of his country was bound
to come forward and show his readinem to reed by the
government and the crown; and he (Lord Roden) felt it
his duty, as being connected with a loyal district of the
country, to use every means an his power to induce t':et pare
of the country to unite and exert themselves for the support
of her Majesty's government in Ireland. In the advice he
gave to the Orangemen, he has endeavoured to
upon them that it was of little consequence what p
party was in power; he ban told them that it was their
duty to give their rapport to it. Tn.t certainly was Ms
advice he bad given the Orangemen in the month of July
of that year. He was certain that the conduct of each
an assemblage of independent men would have been grate-
fully acknowledged, and would meet the full ap.
probation of the government. In the month of May
he had had a communication with the noble earl at the
head of the Irish government respecting the renewal 4 the
Processions Act. He regretted extremely that the at hid
not been introduced and passed Immediately after the
month of March, but he understood that it was not brought
in earlier in consequence of the amount of business hirer,
the hone.. When the noble lord wrote to him, be f Lard
Roden) stated that be then thought it too late, and as it
would not be pared till immediately before tf e 12th Julr
it would appear as if it were only levelled at the ()Mga
processions, and that he considered it most ungrateful en the
part of the government after the course they had Wien in
oirappoesurteParLordHeCaamPPealed
r. whether, erthhaer , noblein a and
learnedilde
pad no
idea
had with him on the same subject, he had not
liven expression to the same sentiments. On the
29th of June he went over to Ireland, and had toe
honour of dining with the noble e.rl opposite, when a cou-
of
r NetaTl sire dkniapc tribrmbter apprehendthhbr
..ta lyrioc
hig6l
al it idtiohnw r leer re
versation took place upon the
e-nadmehesuchejr,:t.inlyithar
lan
fell
the noble earl that the proceas;on was sliout teee place,
andwt
hteh
north
nobleorth
Id:: urm
bi a
anything e e would
that
ttakee
was anything illegal in these processions. So little did the
noble earl deem them illegal in his (Lord It den's) opinion,
and so little idea had he that lie was taking part in any
illegal set, that on the 12th of July, after the Oranomen
had left his park at lour o'clock, the post going out at fire
o'clock, he had sat down and written to the arable cal
stating how satisfactorily everything had gee quiet
and orderly the immense sasemblage bat been, mid ly re-
turn of post he had received a letter from the arable earl,
is which he stated how rejoiced he was to hear that every.
thieg had gone off eatisfutorily, and how grateful tee
government was to him for the course he had pectin:.
(" Hear; hear," from Lord Stanley.) How, then, ciuld he
suppose that be was doing an illegal act in taking any part
in those processions 1 He must say that he the
greatest satisfaction from seeing 3,000 of these loyal and in-
dependent men, smith their wives and families assernlilid
there, and upwards of 2.000 others lock lig on. The noble
lord then referred to the testimony of Mr. Fl'lnlinflet, who
said that he had requested him to use his influence :o induce
the Orangemen to go another way. It was utterly imposa hie
fcr him to have induced the Orangemen to do so, becau.e
it would have occasioned a split amongst them, some of them
going one way and some anitelo r, and there was the rt k of
their going unarmed and troop(' to the attack of the
armed Ribbenmen. There was, besides this, to be h erne
in mind, that the military i.cid police were rationed
in the road the: Orangemen to .k, end none in the other road.
He had applied to many i f the witnesses, and sznenest
others to gentlemen who could not have ai.y interest in the
matter, namely, the officers in the army, and they all agreed
in saying that the report of the evidence taken in shorthand
was much fuller and more correct than the evidence as peen
by Mr. Berwick. Msjor Wi'kinson had made such a rate.
slant. He had been charged with having been careless
about the matter, sad not using proper exertions to prevent
a breach of the peace. He could only say that it was most
untrue. He bad advised the people forming the procession
to go home quietly. With referee ce to his atteadance at the
sessions when the informations were presented, he felt that
if he bad absented himself, it would have been a tacit
acknowledgment that there was a reason for his doing so.
(Hear, hear) When the 42 men were charged by the
crown solicitor with being engaged in en illegal assembly
his persuasion wee that it was not an illegal assembly. anl
the nobleearl (Clarendon) was his authority for ttinkthg st.
He need not allude to the articles in newsps,vrs.
written with a view of prejudicing him. He could
only say that in his magi.terial capacity he bad never
acted in favour of one party more than another.
The addresses which he had received, and cth, r
tokens of sympathy, were most gratifying to him ; sod
throughout the whole proccsoings he trusted he had
never shown any irritation towards the noble earl. He was
sorry that he had addressed him (the Earl ct Roden) in a
tone different from that which he used to adopt,
but he still felt for the noble earl the feelings
of friendship which he had always entertained. (Cheers.)

•
Toe Earl of CLARINDON explained that the letter of
the 2lst of July, written to him by the noble earl, off, ring
to resign, had been received by him. It stated that a cer-
tain party were determined to drive hint from the mum-
tracy, and if it would relieve him (the Earl of Ciareo4on)
from any embarrassment, he would resign. The offer was
most generous, but it
noble earl out of the magistracy in order to relieve hill • the
Marl of Ciarendon) from embarrassment (Hear, hear
lie knew that an inquiry into the circumstances wou:d tslte
place, and he therefore deferred taking any step ma the
matter.

The Earl of WINCHILSEA thought the conduct of
Lord Clarendon arbitrary and inconsistent. There were pro-
cessions of the Ribbonmen on St Patrick's-day, when colli-
sions occurred leading to fatal results, yet no one was
brought to trial for tie crime. An almost unanimous ex-
pression of feeling in Ulster bad vouch. id toe high character
and impartiality of his noble friend, L fed Id 'den.
Lord BROUGILAM hoped that hereafter some surer
ground would be shown for the reliance which her Majesty
expressed, in the royal speech, upon the good sense of the
people of Ireland. Turning then at once to the legal ques-
tion, the noble lord said that certain acts and meetings might
be perfectly bestial, but in the number of those who attended
I danger might lie, and that danger constituted a desires of
illegality involving a very serious responsibility to all who
I were assisting. In proceseiona like those at Dolly's Brae
collisions were always eminently penbable. And as a colli-
sion required the presence of both parties, i'. was impossible
for one party to disclaim all the guilt of the cstastrophe. by
throwing it upon their opponents. He gave it as his judg-
ment that the process of the rim 'vial of Loris It ,den and the
Messrs. Been from the magistracy was not uncouttifulonal.
The peace of Ireland was endangered by fusing rower to
men who were zealous in wrong doing, and sanctioned acts
of the meet perilous nature, while actuated by the purest
motives. In these party proc.ssions the members to, kup
their bibles and their bluLderbstate and went to a picnic.
If anything was left at home it was not the wespons. He
concluded that on the whole perfect justice had been di:ne
by the government and Lord Clarendon.

The Marquis of CLANRICARDE complimented the
lord-lieutenant on the smusaer in which he had pertormeda
difficult and painful duty. Recapitulating the events in suc-
cession, the noble marquis observed that they had tended to
t•dd strength to the impression that catholic, could acres tied
justice in Ireland. What with Orange sherd.. OCinge
magistrates, and Orange jurymen, it wee believed that no
Orangeman could be convicted.
Lord ABINGER argued that as the processim was
allowedly legal until acts of violence were committed. there
could have been no culpability in L ird Ii Men's conflict
until after the firing began. Uts diernisiml must therefore
have been grounded up in his subsequent ac's, and thew,
the noble lor.t maintained, were insufficient to justify so
liver. a censure.
__ _ _

Lord STANLEY replied. He was saiistied with the re-
sult of the debate, and believed that the country would
share that satisfaction. He duubted the authority on which
the truth of his own version of the D.dly's Brie report had
been queationed, and retained full confidence in his own wit•
news. His lordship concluded by declaring his own etre•
nuous disapprobation of all party pros. salons, and especially
of the Orange organisations and parades.
The motion was then agreed to, and their lordships ad-
journed at one o'clock.

MOOSE OF COMMONS.—MONDAT, FEB. 18.
The S took the chair at a quarter to 4 o'clock.
MESSRS. F. O'CONNOR AND ROEUILTK.
Mr. F. O'CONNOR said AIM a mad violent attack bad
been made on him by the hos. and learned amber for
Sheffield in another place. Ile wished to know from the
chair what mode he should adopt to bring it ender the
notice of the house.
•

The SPEAKER —I have a very simple !rawer to give
tke hon. member, namely, that I know of no mode by
which the hon. member can bring it under the nonce of
the house. (Laughter.)
POOR LAW—MR. DISRAELI'S 7)10.1ION.
Sir G. GREY, seeing the hon. member fur Bucks in hit
plum, wished to know whether that hon. member world
favour the house with a copy of the res ,lution. he intended
to move should the house eons. rat to go into committee kw
the alteration of the poor laws.
Mr. DISRAELI said that the motion on the paper was a
specific motion, and on that he should take the first division.
If the house consented to go into committee he should then
propose a aeries of resolutions. But before he asked tor any
he would in detail specitcally state what those
resolutions were. He declined placi. g them on the table in
the first instance, lest being unaccompanied by perlitputary
obeetvetiose they might lead to erroneous conclusions.
DENMARK AND SCRLESWILIMOLSTEIN
Lord PALMERSTON, in answer to Mr. Sanders, stated
that the Danish government had acceded to the propueitem