The Sun.
London, England, 1839-04-16 00:00:00

to any sernedy rather than the law ?
( Hess-, hear.)
app ars to ow that one of the great causes for this distrust
_
in the law is that the law has never been administered.
I,
in such a way that the people could have confi
dence that every man bad equal justice; ani among
other things, there was a general belief that where persons
had to undergo a criminal trial, those persons called on
the Jury, who were known to entertain political opini?as
hostile to the Crown, particularly Catholics, were set eel"
far more frequently than justice required.—( Hear.) Pai°s
the
were taken by Mr. O'Loghlen not to 0-'0 up
right of the Crown, and notching had been done tIP i,
to the time of Lord Wellesley undertaking the Govern-
ment to give the people confidence in the administration of
the law. The people of Ireland arc a people who can sr
preciate the value of justice, and if justice is clone great
change will take place in the people in resorting to the
protection of the law. Altogether the returns which have
been made show satisfactorily that in consequence of justice
being done, greater confidence and trust has been placed M.
Juries, and there has been no want of efficacy. Now proof of
hat I have an account of the committals with respect to
tomicide in Ireland, from the year 1832 to 1838 :--
Constabulary Reports. Committals. Convictions.
1832
1533
1834
1835
1836
1837
1838
S) that it will appear if the year 1833 is compared eith the
year 1838 that in the former year the coevictions were
forty per cent., while in 1838 they were forty-six percent:
These are the returns of the Inspectors of Prisons. I
shall not go now into the various returns of the Clerks
nf the Peace and the Clerks of the Crown, although 'it
respect to these returns a very ingenious mode has beene
resorted to of swelling the number of offences.--( Hear.'
The return of the Clerks of the Peace and Crown contain
e
a very great number of offences, including pollees tehe
whole of those left over from one year, and those to a •
tried in the next year—and they often contain the sail
effenc( s three times over —( Hear, hear, hear.)
There is, for instance, an assault, a robbery,
and a rescue, all committed by the same party, but set d°",
as three distinct offences by these authorities, and Vest,v
Right Honourable Gentleman, the Member for the
versity of Dublin, moves for the return of the Clerks of the
Peace and Crown for those different years, I hope the Ol
rrcter of these returns will be properly ascertained. A f
though it may be said that the returns of the inspectors °
prisons contain too few, and the others contain too MenYd
t
offences, yet a most ingenious method has been resorteiti
to of taking one class, for the purpose of spewing the rest:, r
of the administration of our Lord Lieutenant, and the etece
to show that of the opposite party—( Loud cheel;
just as if I were to make a comparison between the Pert a
of 1830 and 1838, and that in 1830 I took only the °r
fences tried at Assizes, while in 1838 I took all 'the c-
Jences tried at Quarter Sessions and Assizes ; that I b;
lieyc it the method by which it is endeavoured to be 01,3
,rut that a vast increase of crime has taken place in 're-e
laid of late years. There was one instance which call!.
attention to this, because there was a return shown that tsaa
offences in the county of Tipperary at one period arnoMitaer,
to 300 and upwards, and in the course of a few, Yen-e.
the number was increased to three thousand a
ma a'
wards; this was of course a most extraordinari
disparity, and attention was directed to the subject, Lod
hope that when unfair statements are made against J.
N nmanby, such gross exaggerations will not be atterneteot
—( Loud cheers, and a cry of " Name, name.") I elneneer
alluding to any Hon. Member, but eenerally to theMea7ar,
in which impressions base been made against Lord
manby's Government ; and I cannot see any great haY'elii
contradicting statements, when they are so notortoeuso
wrone.—(l-lear, hear, and cheers.) Now, Sir, I shear,
take all the offences, including those tried at Petty 74
signs, and I shall take the two years, 1833 and qi.be
and compare them aith the years 1837 and 1838.
Noble Lord then read the following return :
,ANS.
ALL OFFENCES, INCLUDING PETTY sESSe•aetee
-833
834
21,381 ......... ..•
20"
39,200 ...... ,a_lBs
24,453 .....
"• .... 19,
25,443 ............
04
49,896 - :902
... 9
1830
1838
In the former two-thirds; in the latter three-fourthe•
• ;/ hest
This shows that from one of these periods; -test
other there was no want of convictions, an'' feels
the system adopted by Lord Normanby for ensurinc t if
had worked well.--( Hear.) Now, Sir, I 3191,i:ire's
you can make the law fully efficacious, if you can flyou
the people with a belief in its strict impartiality, arid jaa
can bring them to take part in the administration ° age,
tice, you will not merely be doing some good for the toot
but you will be laying the foundations of that Pert/ the
tranquility in Ireland which those who governed irottee,
spirit of Lord Roden, and with the opinions of Lord ' ers.)
far nearly a .century, failed in establishing.--(Cheaaed
Now, Sir, with respect to another year (1830), at th e
of which the Duke of Wellington went out of (4:lei I
the
find that the offences in that year were /5,794, were
convictions 9,902, while in 1838 the commitmentleae
23,440, and the convictions 19,229; showing that vi": 061
in the former year only two thirds of those conirra
,be
were convicted, ard in the latter case )honksthree-fourtbL
profe number were convicted. This, Sir,oftTe
oo of the effect of the adminietration Lord Is
manby.—( Loud cheers.) But, sir, there is another eate7,
tion,—it may be said that although when pers°ll,s,:r
brought to trial, the law was fairly and justly adinin'i—;fflee,
yet there was no activity or energy in pursuing out eraaast
Now with respect to that charge, I will say ta; t
the energy of Lord Normanby was greater than "ss
of any other Lord Lieutenant ; and I SaY asgr.
proof of it, that one of the first acts 01 for
O'Leghlen, when he was Attorney-General ~,00
Ireland, was to issue directions that the ;1:-ba J
should prosecute at Quarter Sessions offences whic sed
been Litherto left unprosecuted, such as faction fight.
pa
those bloody feuds which tended to make the Pe° for
brutal arid demoralised, and fitted them afterwards ip,
murder, which, from there being no persons to take IMpeg,
terest in their prosecution, had been previceuslY whollYtbase
lected. It is related of former times, and I 1101)e tool
times have long since passed away, that the MegiLtie°,
not only did not prosecute. but, with regard to these •e apt
fights, that they often favoured one side or the othere',..se
favoured and encouraged the people in these outaagmeet,
( Hear, hear.) I do not impute that to any Goya° IA of
nor do I refer to the Administration which went 0 of
office in 1830, but I do say that there were man,'
and it
that sort of which the laws took no cognieance, an" t the
is in a great measure owing to these prosecutions &le the
number of convictions has been increased. Sir, I am seurteefe,
House will agree with me in thinking that althoug" ova
ni iy base been an increase of offences, the course Patie the
by us was the best, and has been fully justified w'reoaa
results. Why, Sir, I have had an increase of ; 0
mienents in a town as little subject to outrsgenatb,
Any other in the kingdom—l mean the town of there
When quarter sessions were appointed in that WO' epti;
was a very great increase in the number of conamile be
What was the cause of that? Not that the Pe°P "glee
b•-come more criminal—not that crime had become „IV
rife in that opulent and peaceable town—but that
0011
these crimes were prosecuted, the law was more aig°ree is
enforced. Sir, I say that course has been Pursue,
Ireland, and it has been borne testimony to, not °epee
persons of the same political opinions, but by those h°oever
totally adverse opinions, and who had said that 00:m44
knew the power of the law enforced with more aaotees
than during his administration.--( Loud cheers.) Atoll
complaint has been made with regard to the el I,oo'
of the prerogative of mercy. It appears that. di roc
Normanby has been very much attacked for esercilbiob
much clemency. Ido not mean to go into that es'e'aetbes
was debated it, this House in 1837. The questionni leer
fully debated on the one side, and on the other 15'llsive'i
rather to the general principle upon which that preroeso
is
exercised, and what has been during the last few Y verb
Ireland. Sir, it has happened in Ireland, and I beliavoach
properly, that the exercise of that high prerogstifebe
in this country is not exercised solely in regard tot the
eions of the Judges or the circumstances attendl ere
trial, but embeaces various other circumstances whilretad
mentioned in the pardon—l say it has happened in
ad ref
that the exercise of that prerogative has often °
ference to the security or disturbed treacle" ess.
the country. The Noble Lord quoted this instancel'efeet)ef
" Sentence of death was passed upon them (the W,lll dist'
but with an intimation to theinagistrates of the coueo:
0' uhtbel
the county was tranquillized in the meantime, they °5001.0
recommended to transportation ; and the magistrates a' 01
in August, and recommended the sentence to be corron
consequence of the improved state of the county." ,
This shows that because Lord Normanby exec it hed
prerogative of mercy in a manner. in which perbsPe giaes
not usually been, it is not therefore an argunlea. eati cb
such rn exercise of it. Lord Normanby exercic-of
prerogative in a manner which the social conditiolaaa f;
is
bs
land rendered right and proper, and in that coent",, ilia
right that in the exercise of the
more or less disturbed state of the country e°°lo. 19A
prerogative °f mee,r.Cajla''
taken into consideration, as well as the s
ture of the offence committed —( Hear, bet",,etsl,
great deal has been said respecting the ri;.ollber
"revs,
in whose behalf the prerogative :lad been e!, cat
it appears that in 1837 there had leeen decided 170
Of those cases in which the pue.ishment had becy'ivir od
muted, 49 were cases of persons convicted of bawls Vet
licensed arms in their possassion, or of persa°s nerollOcb
been fined for minor offences. Of all the eases cia 0101
by Lord Normanby, there were only three cases Ora si
the prisoners had been sentenced to transportsb"soa c ,
eo
their punishment was commuted, because it hadfit stetted
titled by the surgeon that they were in an ",eat 113;lie
undertake the voyage. It is important, Sne • al •.;
House, because it certainly
circumstances should be held hi the recolleeti°fre Wehe
consideration on the part of the Lord Lieutenant by o_o
is called uoon to exercise the prerogative of mereY,„.
is a case requiring "wave be
commutation of' the sentence of transportation alie pfvf
other sentence, because ; e a!
rogative, permitting those to return to their
.0 be a
he is by such exercise t toioe
whom the Judges have thought proper persona V./
out of the country. The House will perceive that jua
Normanby exercised the prerogative in only three h0i....,11/r,
this nature, and that in each of these cases °
the cot
before him medical certificates , statine; ths'e, ell °iv
sons whose cases had been thus commuted
vrelhole be
the d t
to undertake the voyage. With re gar, t 0 utd
bee of casos in which the sentence ha a been conlMences
AV
gross amount of time taken off feom the sang.' so fa%
140 mcnths, to be divided amongst 69 prisoner
5.
_a of alei
cm an average each prisoner obtained a reomileni7o,..
ieb
weeks by this exercise of the prerogative oP
or a the
requires the exercise of greater carer tball tea
believe, Sir, that there is no prerogs" ore
like
attentive consideration of circumstances. wise t
0
if ou) intrust the exercise of that prcrog
prerogative of mercy ; but I believe.
ativerforni any
Lieutenant, unless he is utterly unfit to p.
it
the duties of his office, you must leave to hincs_aby
alone, the consideration of the circurnstan
e to the P
wbielt

IS)7
183 S