The Sun.
London, England, 1864-08-04 00:00:00

THE PETITION OF RIGHT.

TO THE EDITOR OF THE SUN.
SlR,—The wide circulation which your journal has given
to the statements of the Attorneys-General for England and
Ireland, in their endeavour to prevail on the House of
Commons to afford its sanction to relax the exercise of its
great prerogative, namely, that of carrying an address to
the Sovereign, where the rights and liberties of the subject
are being imperilled, as evidenced on the face of the offi-
cial documents, hitherto withheld (but now insisted on by
the hon. and learned member for the King's County, as
laid before the house in my case), will, I hope, induce you
to find space for the following statement.
Suffice it to say, that the bar of Ireland felt the wrongs
inflicted on me so strongly as to forbid my being disbarred.
I feel assured that neither the Right Hon. Mr O'Hagan
nor Sir Roundell Palmer would intentionally state any-
thing that they did not believe to be true and correct ; and
that consequently they had been misted by the documents
which were so recently placed in their hands; but the fact
is surely beyond all doubt that their statements put an un-
true complexion on the whole affair, and misled the, House
of Commons.

This manifestly appears not only by the documents now
on record in the House of Commons, and open to the in-
spection of every member, but by the facts which her most
gracious Majesty herself is personally awaro of, together
with her noble lords in waiting. I will take a few in-
stances ; first, as to facts, and secondly, as to the law, as
stated and relied upon by the learned functionaries.
The Attorney General for Ireland, stated to the house,
that my letter of the 30th September, 1836, addressed to the
law advisers of the Crown, Chief Secretary's Department,
Dublin Castle, clearly proved that my case, as to the missing
letter, was a mere afterthought, and that " I did not
venture to say to the law officers, who prosecuted me, that
they had suppressed evidence."
The Irish Attorney-General will find that upwards of
three months previous to the 30th September, 1836, namely,
in May, 1836, the House of Commons had actually printed
in its appendix to 17th report on public petitions, at page
566, my petition, which Col. French, the hon. member for
the county of Roscommon, presented, stating as follows :
" That the suppression of
.the aforesaid official documents
by the then officers of the Crown in Ireland, so conclusive
of petitioner having had the sanction of said Johnston, was
the committal of a great outrage upon the chaiacter, the
feelings, and the liberty of a subject, which ought to be
the object and especial °are of the Crown ;" and that
although " I particularly required the production of said
original official letter of the 12th October, 1831, to said
Chief Secretary from said Robert Johnston, Esq., which
had the post mark dates thereon, and which letter peti-
tioner discovered the existence of, same was not produced,
nor how the Chief Secretary disposed of same in any
manner accounted for, and only a document. purporting
to be a copy thereof, produced, which had no reference
to the post mark dates thereon,"
Facts are stubborn things, and it is therefore manifest
from the date of the petition, May, 1836, that in the follow-
ing month of September, 1836, the missing letter was not a
more afterthought, as the Irish Attorney-General so fallaci-
ously assured the House of Commons, and also that I did
say to the law officers of the Crown who prosecuted me that
they had suppressed evidence.
By the right hon. gentleman directing his attention to
the petition which, in October, 1837, my noble relative, the
Countess of Charlemont, then is waiting on the Queen,
presented, to be laid in the proper constitutional manner
before her Majesty, and also to the petition which:l had the
yew great honour of presenting myself to the Queen in
person, at her Majesty's levee on the 20th February, 1839,
he will see that I did venture to say that the officers of
the Crown, who prosecuted me, did suppress evidence.

I have also now before me a letter which the Earl of
Fingall addressed to me, dated June 9th 1839, stating therein
as follows :—" I recollect perfectly having, as the Lord in
Waiting, at the last levee, read to her Majesty the object
of a petition presented by you."
If there was ono duty in a discussion on such a grave
constitutional question—than which none could be of higher
import—which belonged to enlightened men holding the
high places of Attorneys-General for England and for Ire-
land, and which affected the Royal Prerogative not to deny
right or justice, it was, that they did not by any licence of
speech or any carelessness, mislead the House of Commons
by a statement of facts, which our most gracious Sovereign
personally and the records of the House of Commons are
able to controvert, or to mislead the house in even one
single point of law.
In dealing with the question of law, a misleading ten-
dency pervaded the speech of the learned Attorney-General
for England, who evidently made a vain attempt to draw
the mind of the house away from fixing itself with becom-
ing intensity on the invasion of the rights and liberties of
the people. The simple point atissue between the servants of
the Crown and myself being, whether the right hon. gentle-
man the Home Secretary and the Attorney-General for Eng-
land (who, the learned member for the Queen's County so
truly designated, as the real defendants in the case) had a
constitutional right to Isubstitute their own Ministerial
authority in lieu of the proper judicial tribunals of the
country, appointed by law. They would, in fact, decide in
their own favour, without hearing me, although " audi
alteram partem" is a maxim cc law as old and authoritative
as law itself.

It was scarcely conceivable that so learned and enlight-
ened a personage as the present Attorney-Generel for Eng-
land, with his knowledge of the law, could imagine that
a subject of her Majesty, who claimed, according to an
act of Parliament (23d and 24th Vict,, c. 31, s. 1), to
rest secure beneath the ample shield of the Lord Chief
Justice of England and a jury of Middlesex, was to have
his lordship's Court closed against the subject by Mini-
sterial authority ? .

• I complain, too, of the way in which the Attorney-
General for England quoted Blackstone for the purpose
of making out his cue, sithout having ventured to con-
trovert the authorities relied on by the learned member
for the King's County. The Attorney-General stopped
short in his quotations from Blackstone, when he came
to that part which had reference to the servants of the
Crown, "for whom the law, in matters of right, enter•
tarns no respect or delicacy" (but according to Black-
stone, vol. 111., chap, xvii., pp. 233-6), furnishes various
methods of detecting the errors and misconduct of those
agents by whom the King has been deceived, and induced
to do a temporary injustice,"

My perseverance for so many years to vindicate ray
character from the stain cast upon it, by the suppression of
documents now admitted to be available, is but a duty
which I owe to my sovereign, to my noble relations, to the
bar, to the public (whose rights and liberties are being im-
perilled), and to myself. This duty I shall not cease in
every constitutional manner to discharge, until the genuine-
ness of those documents is proved, and validity thereby
given to the award of the Lord High Chancellor of Eng-
land, who reported to the Home Office, that if those copies
were genuine, " I suffered grievous injustice."
Mr O'Hagan stated " that the opinion of the present
Lord Chancellor was based cn the assumption that Mr
Irwin's statement was to be relied on, and that there was
no opposing testimony, Ho himself, Mr O'Hagan, pro-
ceeding on that assumption, was equally ready to admit that
Mr Irwin was a wronged man." I take Mr 0' Hagan at his
word, and with my Petition of Right in one hand, and the
Petition of Right Act in the other, dare him to the combat.
My glove is on this page. That issue is in accordance with
the prayer of my Petition of Right; and I claim therefore
that the documents, now admitted to be available, may be
submitted to the Lord Chief Justice of England and a jury
of Middlesex, for their decision, pursuant to the rights and
liberties of every British subject, and the good laws of the
realm.—l have the honour to be, Sir, your obedient
servant, GEORGE O'MALLEY IRWIN.

August 2, 1861.

MURDER ON THE SEAS.--.One of those fatal
affray's which unfortunately have been of frequent
occurrence of late on board ship recently took place on board
the British schooner Florence, of St Kitts, while on a voy-
age from Key West to New York. On the arrival of the
Florence at New York, on June 22, the captain reported at
the British consulate that one of the seamen, named Edward
John, had been stabbed during the voyage by another of
the crew, named Charles Blackman. It appears that shortly
after the vessel sailed some angry feeling—from some cause
nut explained—sprung up between Blackman and John,
and during the first part of the voyage frequent quarrels
took place between them. On one occasion an altercation
occurred between them, when Blackman stabbed John, and
although every assistance was given to him, the injured
man died from the effects of the wound a few hours after.
Mr. P. Edwards, acting British consul at that port, know-
ing that the local courts would take no cognisance of a
crime committed under such circumstances, applied at once
to a United States Commissioner, obtained a warrant, and
had Blackman committed to gaol on a charge of murder.
The prisoner was subsequently taken before one of
the United States courts, and on an application being
made to Mr Seward he was ordered to be handed over to
the Brit.ah authorities under the extradition treaty. He
was given into the charge of Inspector Farley, of the New
York detective force—a gentleman who on former occasione
has rendered good service to the Liverpool police—and by
him taken on board the Cunard steamer Kedar, to be
brought to Liverpool. A telegram was received yesterday
at the detective office that the vessel, with Mr Palley and
the prisoner on board, was off Qeeenstown, and Detective
Inspector Carlisle and Detective Jones were instructed to
be in waiting for her arrival, so that the accused might be
handed over to their custody. After waiting some time,.
the vessel being detained at the bar owing to the lowness of
the tide, the officers went out in a tender, when the man
was handed over to them, and he was taken to bridewell.
He is a strong-built man of colour, and he seems to look
upon the affair with the greatest nonchalance.
ANECDOTE OF MARSHAL DE MACMATION, DUKE
OF MAGENTA.—Daring the Crimean war when
in
command of the first division, he received orders to take
Fort Malakoff by assault. After a terrible struggle, in
which his men could only advance by fighting hand to
hand, he obtained a footing within the works. He then
with a pencil wrote one line to the commander-in-chief,
which, for simplicity, has never been surpassed. It was—
"J' y sots, et j y rests," which he certainly did,—ViC Pat ?s
Correspondent of a ittorniv ContenVl.4lW'

ut-ira
61111 evarkr,

HER MAJESTY,

OSBORNE, Aug.. 3:
The Queen and Princess Louise, attended by
Lady Augusta Stanley and Lieut.. General the
Hon. C. Grey, drove out yesterday.
Their R)yal Highnesses the Prices and Princess
of Wralrs and Prince and Princess Louis of Hesse
cruised in the royal yacht Fairy.'

His Royal Highness the Prince of \Vales has
c:aidescended to inaugurate the statue erected by
voluntary contributions, on the grounds of the Licensed
Victua'lers Asylnmi Old Elt nt-tead, to the memory of big
illustrious and beloved father, his Royal Highness the late
Prince Consort, and has named 12 o'clock on Tuesday iaex.to
the 9:th inst., for that purpose. The Prince of Wales suc-
ceeds his late father as patron of the institution. The figure
of his royal highness is of pure Carrara, marble, and is up-
wards of eight feet high; pedestal on which it rests leing
a solid block of Sicilian marble, the weight of whichthe ``bolo
ten
ten tons, and Ps height a little over six feet—
standing on a granite base of a foot and a half in thickness.
h
The memorial itself is consequently little short of 16 feet
in height. His royal highness is represented in the 000-
fume in which he appeared when laying the foundation
stone of tho " Albert" wing, and appears in the act of re-
plying to an address which was then presented to hina--°ll°
hand is resting on part of a Corinthian column, whilst the
other holds a scroll. The whole was designed and executed
by Mr Thomas Earle, of Vincent-street, Brompton, at a
cost of between 6JO and 700 guineas.
The Duke of Newcastle has, since his last relapse,
about ten days ago, more or less fluctuated. His grace hslast
however, improved within the past three days, and'
to
continues to regain strength, will remove next week
Clutnber.
The Duchess Dowager of Sutherland has arrived
at Hanover from Berlin.
The Duchess of Sotomayer and famili Nape
arrived at ma.cigy`o now, a.a.td.
The Marquis and Marchioness of Lansdowne left
town on Tuesday on a visit to their estates in Ireland.
The Mat quis and Marchioness of Abercora hart
left Beandesert, near Lichfield, for Baron's Court, their eea
in Ireland.
The Countess Cowley and Lady Feodorowna
Wellesley arrived on Monday last at the British 1301)3531
at Pari tom London.
Thes, Count and Countess de Flahanit and 11A°111;
Madlle de Fahault have left their residence in Piccadilly
for their seat, Nairne Castle, in Scotland.
Viscount and Viscountess Palmerston left tc)cvn
yesterday for Delapre Abbey, the seat of General Beliveriet
in Northamptonshire.
tho
Viscount and Viscountess de Vesci and
Misses Veseyleft Charlton-house-terrace on TuesditYk:i;
en a tour of vis!'s in Scotland, before they go CO th s

in Ireland for the autumn months. SCOttl
We may announce that Lady Victoria 0
eldest daughter of the Duke and Ducheas of Buecleuebt It
engaged to be married to Lord Schoenberg Kerr,
brother of the Marquis of Lothian. their
Lord and Lady Burghley have taken 111)
residence at Ryd Isle of Wight, for the yachtingVictor'l seas-D:
The noble lord, ase, vice-commodore of the Royal
Yacht Squadron, will rennin to the end of the .9casort.
Seer"
The Right Hon. Edward Cardwell,
tary of State for the Colonies, will continue in town to
eel:
act as Secretary of State during the absence of bis
leagues.
The Right Hon. Sir George Grey is detained
theil
town from delicate health. There is no danger, but
right hon, baronet will remain.

The Prince Consort Memorial at
rertho

The colossal statue of the Prince Consort, the
to
inauguration of which her Majesty has ogee: to
attend. a week or two hence, is now nearly ready
leave the hands of the sculptor, Mr "William Brodie'
R.S.A. Mr Brodie has amply justified the Peerfuir
committee in their selection of a native eeulptoreo
the execution of a Scottish memorial of the lam
expressed ehh
tear
prince. Her Majesty has, we believe,
of whic
warm approval of the work, a photographhas been laid before her; and Mr Brodie may well,
be proud of the distinction of being the first Seottito
sculptor whose work has been inaugurated bi
royalty in Scotland. The statue, which is nine feet
in height, is carved out of a single and singularli
pure and fine block of freestone from Itedhall
Quarry. It will stand upon a pedestal 13 feet high;
the total elevation being thus 22 feet. The site i 5
on the North Inch, at the west end of the bridge"
one of the must prominent and favourable in t 13,1
town. The statue represents Prince Albert as attired
in the robes of the Order of the Thistle--a dreg
which suite well the requirements of sculpture, 11130
sets out the tall, manly, and well.proportioned fignra
of the prince. The right hand, which rests erl
square shaped column or pedestal, holds an °Peat
scroll, on which is traced an elevation of the Gr.eo
Exhibition Building—thus identifying the Prillos.
with that first and best and most original of ind
the
trial expositions. His left hand rests easily un,_ar
belt of his dress. The legs are both kept well elvtta
of the robe, which falls behind them I°l°
shoulders, and the whole attitude is of that happy
100
character in sculpture which suggests a traesrio is
stage between activity and repose. The figlideetle
not entirely quiescent, for that is apt to give ctiea
ness and heaviness to a statue ; it is not in doper
motion, which would be inconsistent with %Pp:id is
feeling of permanence and dignity. The '`'"" ods
finely modelled; slightly raised and turned toeF•
au'
o
the right, the expression at once animated a and
clued; and, in point of portraiture, both f
edthat
- t
figure are admirable. It may be mention
rbe of
Mr Brodie has had the advantage in the c"
estioes from
his modelling of many valuable sugg
k 'Duoh
who too
his Royal Highness Prince Alfred,
r 'den° is
interest in the work, and, during his "651 mar"
Edinburgh, repeatedly visited the studio I°e to
sta..
its progress. There can be no doubt that L" boiog
will edd greatly to the ecuiptor's repetati°l3
in every respect a complete success.—Sontsnia

Carter, coroner for East Surrey,terdaY
A...
_.....-
‘lr CRINOLINE
held an vague e,
Duke of Clarence,
Penton-place, Walworth, rotative to ltu'-;
death of
service Harriet Willis, aged 18. The deceased was la d....
of Mr Vincent, chemist, of Bradley-terrace, Nlrgn,h°
worth-road. Oa Saturday morning, • • 'ng El
t
while light' . g
drawing afternoosat
tillif'B
room fire, the milkman called, and ou vtgiri'll' t
round her cotton dress ignited from behind. Dir ' 'llea°
and his assistant, hearing the screams of deceased, ericl
attended and extinguished the flames. Shen
as, owed;
so seriously burnt that she was conveyed tSt 111°n°
Hospital, where, alter enduring the most excruci,tinte
agony, she expired at 11 o'clock the sum e night. frl;_,
coroner expressed his opinion that all servants should 7
prevented from wearing crinoline. He had abolished it to
his family. The jury expressed their wish that the higher
classes of the.community would set their faces against slice:
dress, as the human figure did not require it, and return
a verdict of " Accidental Death."
THE GOVAN OUTRAGE.—We understand (el,.
the Glasgow Morning Journal) that Miss Addie is orilit
making slow progress in the way of recovery. It i irr,
intended to bring M‘Glinchey to trial at the sutural' c
fit
cuit, as it is unlikely that Miss Addle, even in th°l3/02° ..
favourable circumstances, will be able to appear in SoPte
ber as a witness. Sli 0
ir
REPORTED Loss OF THE CLIPPER ,,
11.1
NETHERBY.—A letter, dated Hong Kong, 7 to
11, just received in Liverpool, states that much uneas'es of
was felt at that place in consequence of the reported 10;,a0
the ship Netherby in the neighbourhood cf Formeso• ith,y,
letter says :—" Accounts from Formosa, dated 180,1 'Jae
state that there were then at that place a quantity a .1",,tt0
chow tea, and that there were upwards of 1,000 c12'030
among the Pescadores shoals, The Chinese state ab°llt4cl
middle of April a large ship went ashore on then ordlir; f
of these islands, and after throwing over a large tlg'73,,At" "thuo
tea, floated off. The Wild Wave schooner has vi'it'—s 1.
Pescadores in consequence, but saw nothing of all 11%6;0
The tea at Formosa has been identified as a part oft b° c-ifle
of the Netherby, which left Foe-choo for London Ol".
.;oth April." ~, Of°
rat
whtbbmeoaehnoydl
middFyci,
ehnoangotfsthutTte
htoyhheToehbemuaaysedai
FIVE BOYS BURIED ALIVE.. An ir'ltiCsc, th°
adlyae.rPgleb,hosleef:tcbr66
of ground near the railway station. The boys '"" coder
able depth'
Two ° o
children were totally buried, and the three others were
covered up to their necks. Fortunately some Dief
ert the
wolking in the neighbourhood of the accident, to h°
spot
alarm being given, they immediately rushed t
..„'ff. wood
with their spades, and dug the children out,
...,-u'ly wes
was in attendance as eoon as possible. holva° J:" jageel'
quite dead when got nut. John Cunningham wave
_A. A
ble for some time, but he and the others Coo :L.
asdnandeaNdnavyeavet'ait
tunnelledyne :h'
and
toaawbe:akeiddys,
c,,lhh wasa
dgai :.d"pevdi irl 7euaar:ydi
who
playing
oyi ?ve
1,5,1;
to
rtrjl
verdict of Accidental Death was rettlrned,