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tad said so much so remind the House that the present Was;
not an isolated ease, and to prove that he had not rested the whole
charge upon a single case, lie had heard it said that the witness
in this tax had conducted himself in a manner which laid him
open to animadversion. In considering this aSIWTtiOII, he (34.1
Donioan) could not shut out from his view that the House of Cont.
mons was a kind of Special Jury of Magistrates. He saw around
hire many lion. Members who were in the commission of the I
peace, and exenised their jurisdiction, no doubt, with great cretin
to themselves, and great benefit to the public. These gentlemen
naturally felt a sympathy tor an individual filling the office of a
Magistrate, and he was far from wishing to deprive Mr. Kenna of
the good opinion of so respectable* body of gentlemen. lie insisted,
h uwewer, that the conduct charged upon Mr. Kenrick was most Tepee.
hensible, and such as, if genereny practiced, would deprive the office
of much of its usefulriess. It was the opinion of some gentlemen
that the witness's manner on his examination was flippant and at..
cogent. Even if this was admitted, it made nothing. unless the
wouess's evidence was shaken. The object of Crider in petition.
ing could be of no consequence either, unites the facts he bad
stated could be disproved; but as to his manner, could it be won.
devoid at ? He felt himself In a situation in which he was never
before placed. He necessarily became agitated, and attempted to
screw up his courage. Besides, it was well known to those accus.
touted to cross.esaminatton, that when a shrewd answer is made to
a not very sensible question, he who asks the question is always
sere to consider the witness a most impertinent fellow. He thought
he should do the witness gross injustice it he abandoned him to any
censure for his manner, which only arose from the peculiar situation
in which he was placed. He now came to the circumstances of the
rise: Mr. Kenrick he a petition presented as well as Mr. Canfor.
He now held the two petitions in his hand, and he assumed, that
what was asaertel in the one and not denied in the other mar be
received as proved. Taking this evidence, the case appeared to be
that Canfor had a numbed a sheep gearing on a certain common.
tie lost twenty of those sheep, and at the end of a fortnight found
one of them, a ram, in a manner which evinced his acuteness. He
finds the sheep in the fold of a person named Beale ; and it should
be remarked that when he finds it, it is shorn, whilst the sheep'
when it was lost had on its wool. The petitioner claimed the sheep
from Beale, who denies that the sheep is Cantor's, and asserts that
it is his own. Cantor asks him to produce the fleece and this was
refused. Under these circumstances Cantor thinks he has a com-
plete chain of evidence, and he goes before Mr. Kenrick, states his
case, and asks for a search warrant to find the fleece, which had not
been produced. lie also asked Mr. Kenrick to receive his depoo.
two upon oath. He (Mr. Denman) was willing to admit that
Cenfor was not entitled to the search warrnnt. o grant a search
warrant is itself a strong act, especially when the person charged
polarised a good character; but though the Magistrate should
refuse a search warrant, it was his duty to act in the most concili-
atory manner, so as so secure the truth with justice to the individu-
als, and not to dismiss the case altogether. Wear.) After refusing
the search warrant, Mr. Kenrick gave the witness a letter, which he
said would have the same effect as a search warrant. This note re-
quires Beale to produce the fleece; but Mr. Kenrick did not think
proper to back the note by a search warrant. Mr. Kenrick asserts
In his whim
_that he believes be sent a constable with Canine.
Beale Mirrepoded the note, and claimed the sheep as his own. By
the way, there should have been some proof that the sheep was his
own. Both Cantor's objects had been defeated : he could neither
recover his property or commence a prosecution. One of the most
important duties of a Magistrate was to trace out lost property ; and
a search warrant ought not to be granted as a matter of layout.,
but ass duty, when the facts were of such a nature as to warrant a
suspicion of felony. At all events, nothing should have induced
the Magietrate to dispense with the proffered deposition upon oath.
Alter Beale had disregarded Alr. Kenrick's note, Canfor returned to
Mr. Kenrick to inform him of this fact, and was then informed, for
the first time, that the matter had been referred to two persons who
wore to deride whether the sheep was Canfor's Cr Beale 's property.
When Beale produced the fleece, although it was twisted sad
otherwise disfigured, the referees decided that it was Canfor's, and
desired him to take it with him. Cantor soon after repaired to
Mr. Kenriek's, taking with him the fleece. He told Mr. Kenrick
that the referees had acre,d that the sheep was his, and gave him
Ont.:lean. Although two respectable neighbours had agreed, after an
examination of the ease, Mr Kenrick, it seemed, stated, that he
Was by no means satisfied that the fleece was Cantor's. How such
a doubt could arise in Mr. Kenrick's mind, could not easily be im.
agined, nor was it easy satisfactorily to account for his not then
receiving evidence to. explain how Beale became poosessed of the
y which it was decided was not his. If by this method Mr.
properly
eci
Kenrick intended to preserve the respectability of Beale, he had
token the very worst method of doing so. There was a prima facia
case against 'Beale when the investigation had ended with the
ciecision that the property was not his: and, at least, it was the
duty of the Alagietrate to desire him to come forward and con-
front his accuser. But Mr. Kenrick had done no such thing; he
had only written a foolish note which was disregarded. ho far he
had neglected his duty, and disregarded what he owed to the
public. As to Cantor's threat to apply to his Solicitor, when
Mr. Kenrick refused to take his deposition, it was clearly no justi-
fication, he had no right to exercise his functions as a Magistrate
in so capricious and arbitrary a manner. But in his (Mr. Den.
man's) opinion, this was by no means the wont of the case. The
Other circumstances. as tar as he knew, were without any precedent.
Wu there ever so monstrous a case, as that, when an individual
came before a Magistrate to obtain redress, he is made a prisoner,
and his person outraged and assaulted ? Ile was told, he was Mr,
Kee rick's prisoner, who made his butler a special constable for the
occasion, and ordered him to search Canfor. A Magistrate had no
right to evince his partiality or dislike in the exercise of his juificial
Jenctions. Ile should disregard all feelings of wounded vanity or
slighted dignity when he took the judicial vest. Air. Kenrick
asserted that Cantor was importunate and violent, and that he
threatened to go to another Magistrate. Mr. Kenrick had pro.'
diced no evidence in support of these 'lineations, although it
was surely within his power. There was the butler—there was
Beale—there were the arbitrators ; all these persons had been pie.
sent when Canfor was before Mr. Kenrick, and not one of them bad
been produced. There was Batchelor the constable too, he who
was called upon in so extraordinary a manner to search Canfor, be
might have been produced to give evidence of cantar's conduct.
Oa his own judgment, therefore, Ale Kenriek had no cause to
complain of Center's conduct. It was said at the outset of his case
that there was no felony, because the sheep was found straying on
a common. If the property was taken a iuh a felonious intention, it
Was no matter from whence it was taken. But to return to Mr.
Kenrick's conduct. He ordered the butler to search and take from
Center's person what use as much his property as any Hon. Oen-
tleman's purse. He said that the fleece had been got through his
note, and that he must therefore have it. The reason he now ad.
vanced was, that he wanted the fleece to substantiate the charge of
felony. Now it was quite impossible to reconcile such an assertion
with his conduct in dismissing the charge. He had nothing to do
with the evidence taut as a Alagisttate, anti he had neglected to take
the deposition, There was no defence offered to the charge
of outrage and assault upon Canfor's person. Suppose Canfor
for had resisted and bloodshed had ensued, would at be said that
the Magistrate had acted properly? Was this the wsy, in which a
man suffering under a serious injury should be treated, when he re.
stated to a Magistrate for redress? It was, in his opinion, a charge
et* serious importance, and if the Ilouse viewed it with Indifference,
it became more important. But it was said Mr. Kenriek had paid
the penalty of his misconduct, and this would be a very good reply
it Cedar now came forward to ask be more. It was difficult in-
deed to know on what oectoion the House of Commons should be
applied to. If a case was brought forward which had not gone into
the Courts of Law, it was said, " establish your ease in the Courts
rat Law, and then come to the House of Commons." Now, the pee-
s e case had been established in a Court of Law, a judi-
cival t wined advised a compromise, which admitted the fact,
and now, when the ease is brought into the House of Commons,
the reply is, the ease has already been sealed in the Courts
of Law, and the House of Commons has nothing to do with it.
Was the circumstance d those facts having been proved in a Court
of Law a reason why Mr. Kenrick should hold himself free from
all imputation, and should be allowed to continue in the full plead.
Mile of the power he hsd abused ? %Vas he, because his iniscon.
duct had been established in a Court of Justice, to continue to the
end of his life eowered to deny justice whenever it might please
him so to do? Was it to he tolerated that because the verdict of a
Jury had imposed dameges on him, that therefore he was to be
held a fit lieseessor of those powers which that verdict had pro-
nounced him capable of misapplying Ile would suppose the case
of a servant convicted of larceny, and sentenced to the tread-mill,
coming back to his master and requesting to be teetered to all the
advantages of the situation of which his previous delinquency had
justly deprived him. His master would naturally say to such a
servant, e• I cannot again trust you; you bare abused my con&
elance-eyou have proved yourself unworthy of holding any respon-
sible situation ; it is impossible I can a second time take you into
my service." He would suppose the servant, not at all satisfied
with such a reply, immediately to answer, " All that is quite a
mistake. Why not trust me again ? "Fie true I have been con-
victed. but then I hare paid the penalty of my offence, and it would
be unjust and oppressive to punish me any further. I have received
• fair trial, and been sentenced, and have served out my time in
the tread-mill ; I now claim to be minted to my former situation,
front which it would be the extreme of severity to exclude time."
hitch exaetly was the case with Mr. Kenrick. He had becu con.
sicced of conduct which proved him unfit to hold the office of Jus-
Loe of th• Peace. It is said on his behalf that that cantrictton
shosld itself be a reason why he ought to be continued in that
very dice. However anxious he must be to see maintained at all
times the independence of the judicial character, and although
the Act of William, which secured die Judges from the degrading
attttstion in which they stood with relation to the Crown, was at all
times entitled to the utmost respect, yet he must own that he
thought tide judicial office was altogether flee from the degree of
responsibility which ought uniformly, to attach to it, and he fur-
ther thought that dist responsibility was wanting in all depart-
teen's. lie was perfectly sure that in making that observation, he
lk jUid have with him the gregt majority of the Hon. Magistrates in
t.,at House, for doubtless tney mu-c be anxious to obtain relief from
the disadvantages of that power with which they had been unduly
infested. No mss coestil be more disposed than lie was to pay the
nsracter of an upright. istrate every tribute of affectionate respect
Magistrate discharging his duty with judgment and impertia-
los. The improper extent of power at prasent enjoyed by. Magic-
Oates was such pis every good Magistrate in the commission of the
peace week' wish to see abridged ; hut with that extraordinary
power in their hands, it was then for them to determine whether or
ao Mr. Kenrick hat! abused time authority of which he was still in
possession. Magistrate% in Ireland, without leaving had proved
against ;hem any acts of misconduct such as had been established
again,. Mr. K.. had been struck out of the commission of the peace,
and such. until within the last five-and. twenty years, had been (ITC
practice in this country. His lion. Friend the Member for Win.
at dem (Mr. Brougham) had furnished him with a case in which,
in the time of Lord Loughborough, a magistrate haul been deprived
at the commission. As the power of magistrates appeared to he on i
the Increase, so in the same proportion the control of the Govern. i
Lent deceased. In fact, the Government appeared to have lost all

. S

control. With such views he had brought the question tinder the
leonsideration ofthe House, and in doing so he would disdain to
disclaim any feelings of a persorral nanny. He wee no enemy to
I Mr. Kenrick—he was no friend either. Be had on the store et
" friendship no faith to break—he had on the score of enmity no
(editors of revenge to gratify. lie never sat at the same table with
Mr. Kenrick he had perha^s undid then never been under the
same roof with him. Ile hail never exchanged a word with him,
therefore he felt that became his duty which he was then executing
under circutnatanees of peculiar freedom, lie felt it absolutely ne-
cessary that the House should move in the matter, for without the
interference co the House the Government did not appear diaposed
to take any step whatever. The resolutiors that he should then
submit for their consideration he would wad, which he accordingly."
did. They were t• the following erect :—lst, That it was the opt.
Mon pf that Committee, that the allegations contained in the peti-
tion of Manin. Money Cantor, presented to the House, hart been
fully established. 2illy, That 31r. Kenrick. in refusing to grant a
search warrant, or to take the depositions of Cantor upon oath, bad
been guilty of neglect of duty and partiality ; and 3dir. That by
hi; staequeat conduct, in imprisoning, and otherwise ill-treating
the petitioner, he had been guilty of conduct illegal and oppressive.
31r. Secretary PEEL assured the lion. and Learned Gentleman
that not one amongst his most intimate acquaintances more Com.
pletely than lie did acquit him of being in the slightest degree
irfuenced by any undue motives. Those who had any knowledge
of his high character would find it impossible for a moment to lm.
putt to him ally motives of a private or personal nature. At the
same time, in making these observations in reference to the Hon.
and Learned Gentleman, he must claim for himself a similar free.
dom from motives of that nature. He had no feelings of friendship
to influence his mind: he could have no personal desires on the
subject. His only wish was, to see the point decided satisfactorily
according to the Parliamentary usage, and the true principles of
equity. Considering himself thus tree from any imputation of
partiality on either side, he would proceed to consider the question
which the Committee had to decide. It had been referred to that
Committee to inquire whether or no there had been enough proved
in evidence to justify a removal from the Commission of the Peace?
Now, that -as not what the lion. and Learned Gentleman moved
at all. It had not been committed to them front the House to in-
quire into Frank:, case. Ni-hat they had before then) was the in-
quiry respecting Cantor ; and in the investigation of that
question he had no doubt, that the Members who were
Magistrates would give their votes in perfect freedom front
any feelings of partiality to an individual of their own order. I
The Hon. and Learned Gentleman had mule two divisions of the
subject, and in that he l ale Peel) would follow his example. He
would consider, first, the conduct of 11r. Kenrick in refusing a
search warrant when applied to by Cantor for that purpose; and
secondly, in that portion of his conduct towards Cantor, in con-
junction with his butler and the parish constable. He would be.
gin by calling upon the Committee to look at the evidence, and say
whether there was that in it which called upon item to accede to
the propositions of the Honourable and Learned Gentleman, fur it
was to no purpose that they were told he had been guilty of impro.
priety. He (Mr. Peel) did not stand there to vindicate 31r.
Kenrick from every imaginable act of impropriety with which he
might stand charged. Al! that was necessary to justify the Com.
malice in negativing the resolutions then offered to them was, to
show that Mr. Kenrick had not been guilty of partiality or cor-
ruption, or rather to show that there were no grounds to justify any
imerierence on the part of the House. As to the first case. of Mr.
lienrick's having withheld the search-warrant, he must free him
from any imputation or partiality. lle could not, in that case,
help acquitting him of any, die slightest intention, to do otherwise
than execute strict and equal justice. Ile would then address him.
himself mare particularly to the circumstances of the case. There
was an ilea vidual of the name of Reale, with whom he had had, up
to that period, no particular intercourse. This Beale was a man
of whom Mr. Kenrick had always heard a good character, and he
had every reason to believe that that character had remained at all
times unimpeached. He was a man of some substance too, for the
fold in which the ram spoken of was, contained 70 or 80 other sheep.
Cantor came to that man, and charged hint with stealing hit rain,
he having lost twenty sheep including that ram. Yet though he so
caarged Beale with stealing his ram, he found that rain in an open
field, before the observation of all men. It hod been alleged that
the ram was shorn, but it should be recollected that that was the
season of the year at which all sheep were shorn. He could not
conceive how there was possibility of founding a charge upon
such a circumstance. IVas Mr. Kenrick, on such grounds, to is-
sue a warrant which would compromise the character of a respec-
table man ? lie then noticed the evidence applying to that part of
the case as dello:red tat the bar of that Howse, and declared that he.
had never witnessed anything in his life more quibbling or evasive.
When Cantor was asked whether he had stated to Mr. Kenrick that
Beale had made a claim of property in the ram, his replies were any
thing but satisfactory. Had Mr. Kenrick been apprised that such had
been the case, he would at once have seen that it was a dispute'
about a matter of property, and instead of proceeding-in the manner'
which Cantor wished, he would have left the matter to be decided.
by the proper authority, and not have issued a search warrant
against a man of good character, and who, perhaps, in a great mess
.sure, depended upon taat character. lie then referred to the ed.
deuce, and read some passages in support of the view which be
took of that part of the subject. It appeared from the passage be
read, that the witness had stated first, that he had not informed Me.
Kenrick that Beale had made a claim of property to the ram, then
said he (Mr. Peel) after several evasions, and refusing any ex-
plicit answer until lie was pressed to the extent of tire or six'
auestions, he asserted that he had apprised Mr. Kenrick of Bale's'
claim of property. Bait, another part of the evidence he found that
there exiatett a most positive contradiction to that, which was a part
of the case that he conceived was most material, and respecting
which he was sure there could not he a difference of opinion. Under
these circumstances Mr. Kenrick, knowing the unimpeached cha-
racter of Beale, he would put it to die Committee whether be
had done right hr wrong in refusing to issue a search warrant?
lie, for Ills own part, had no hesitation in saving that it would
have been a case of great severity indeed if he had so issued a
search.warrant. Every circumstaiice in the case negatived the idea
that there was any feeling of partiality in the mind of Mr. Kenrick
towards Beale. 'reifies proved that fan as strongly, if not more
so, than matters of importance; for instance, 3lr. Kenrick was
ignorant of even the (.hrinion name of Beale. The butler of that
gentleman, who appeared to be much in his confidence, did not
appear to have the slightest idea that Mr. Kenrick had the least
wish to screen Beale ; for he (the butler) tendered to Mr. Kenrick
for signature a search warrant against Bede. On that part of the
ease there was a very general impression that Mr. Kenrick had
been guilty of some impropriety; but still he contended there was
'not die slightest ground for imputing any thing like an undue or
corrupt motive. An action had been brought against Mr. Kenrick;
he had paid damages, and the Committee was then to determine
whether or not they would animadvert upon the conduct of that
gentleman in the terms proposed by the Hon. and beamed 3lem-
ko opposite. He was free to admit that Mr. Kenrick had done
wrong, in permitting his temper so fir to be ruffled as that he
should have treated Cantor in the manner he had been betrayed
into. But in speaking of the state of Mr. Kenrick's temper, he
could not forget the state of that person's temper with whom he
had to deal. That witness had been before the Committee, and
front what they had seen of him they could probably form some
estimate of what might be the state of his maid when he came
before Mr. Kenrick, after riding 000 miles, and blood running out
of the kcces of his breeches. In such a state it required, he
thought, a little stoicism to hear with calmness and equanimity the
attacks which such a man might be expected to have made. They
were told by the lion. and Learned Gentleman of the nervous con-
dition in which Cantor had appeared at the bar of that House—how
excited his feelings of respect were, and hew strong his apprehen.
slob in being brought before the Commons of England; in fact,
that such was his state of agitation that he could not collectedly
tell a plain story. Their own observations on the witness would
be, in his (Mr. Peel's) opinion, sufficient to enable them to
judge how these Oats respecting that witness had a foundation is
fact, and how far the conduct of such a man was likely to irritate
and put off his guard a Magistrate to whom be might have applied,
as he did, to Mr. Kenrick. Certainly no provocation ought to
hare induced Mr. Kenrick to act as he had done; but whatever
a Court of Justice might think of the matter, the Committee
ought not altogether to lose sight of the provocation which
he had experiences'. It had been said that the practice with
regard to the removal of Magistrates was different in Ireland from
what it was it this country. Now with reference to that, he
would say that he had often heard lion. Gentlemen compare the
conduct of the Lord Chancellor of Ireland with that of the Lord
Chancellor of England, disadvantageously to the former in matters
of that nature. He then referred to the case of master and servant,
so strenuously insisted upon by the Hon. and Learned Member,
and maintained that there existed no analogy whatever between that
and the case of Cantor. lie (Cantor) never had brought the case
to trial; he accepted a verdict for live pounds, seal in doing so left
the Government without any authentic information as to the real
state of the cese. From the proceedings of a Court of Justice they
were riot cognizant of any part of the facts. But though Cantor
found it convenient to accept such a verdict as had been before
alluded to, yet he then came forward in the further prosecution of
the proceedings before that Committee, from no motive, as lie
stated, but these of promoting the ends of public justice. Still,
earnest as he was in promoting those objects, he slept on the
Matter for five aid: months, but hearing that the case of Franks
was to be revived, he thought that a good opportunity for bringing
forward another charms against Mr. Kenrick, and so the accusation
then before them was prepared. The lion, and beamed Gentle-
man had said that no resolution of approbation should be passed.
He was as tar as that Right Hon. Gentleman could be from wish.
ing to have any resolution of that nature passed ; but though he
made that admission, he did most positively deny that any case had
been made out to justify an interference on the part of that House.
There was another point which he wished most particuiatly to urge
upon the attention of the Committee, it was, that they could do
'nothing more injudicious than adopting any intermetbate measure.
To adopt any course shott of an actual address to the Crown, on
the one hand, or of the course he hail previously recommended, on
the other, would be a most Improper Interference with the hide-
" pendence cf the lilagistracy, and altogether inconsistent with the
line of conduct which that House ought to pursue, lie would con.
elude, by moving a resolution to the edict, that the. nrnittee
had heard the evidence against, and the counaci on f Mr.
Kenrick, and that it saw no reason for recommending House
any further proceedings.
31r. TIERNEY thought that nothing could be less satisfactory
than the speech of the Right lion. Gentleman; but there was one
, part at least of it distinguished lot its candour. It was that in
which he acknowledged that he could not support a motion ap-
proving of the conduct of Mr. Kenrick. lie would go still further,
amd say that he disapproved of the conduct of that gentleman; and
he would go further still, and say that the character of that House
would be much lowered, unless some step be taken to mark with
becoming severity such outrageous conduct. The question was not
whether sufficient atonement had been made to Cantor, but whether
the (louse Ind sufficient security that in future practices like those
of Mr. Kenrick should be indulged in ? The whole of the evidence I
provid fully to his satisfaction that Mr. Kenrick was exactly the