The Sun.
London, England, 1837-11-20 00:00:00

603,000

DUBLIN-SATURDAY

(FROM OUR OWN CORRESPONDENT.)

Willing to wound, and yet afraid to strike,
Just hint a fault, and hesitate dislike."—POPE.

Sir Robert Peel's manifestations on the election of a
Speaker were not more expressive of the application of this
distich, than is the conduct of his party in this country ;
and I am sorry to be obliged to ssy, that even Courts of
Justice are not impervious to this fce!ing. A very signal
instance occurred this morning in the Evshequee, when the
Court pronounced its decision in the case of Greene v.
Hogan. The Dublin Journals will have inforreed you, that
this was a motion, on the part of the Crown, to have the
affidavit of a process-server made in a tithe case taken
off the file, in order that he might be prosecuted for per-
jury. An application had been made some time ago for a
conditional order ; and the Solicitor-General and Mr. Pigott
applied, within these few days, to have the order made ab-
solute. It appeared that the process-server's affidavit,
stating that he had in the year 1835 served process of this
Court on several parties, had been negatived by nine affi-
davits on the part of the persons said to be served, and
their servants, ins the most material of its allegations. At-
tempts had been made by individuals, and by the Crown
Counsel on the Leinster Circuit, to bring this functionary
of the law to justice for the supposed perjury ; but from
technical defects in the proceedings, the matter was necies-
sarily delayed till this year, when it was brought under the
special attention of the Law Officers of the Crown. Now,
the practice of the Exchequer in Ireland differs from that
of all the other Courts, here and at Westminster, in ap-
plications of this kind. When a private person applies
to have an affidavit taken off the file, the Court invariably
inquires into the merits of the case, lest there should be
some oppression intended against the swearer. The ma-
jority of the Court, on this occasion, accordingly showed
a strong disposition to refuse the motion, for the reason
just mentioned. Mr. Pigott, in reply to Sergeant Jackson
and Mr. Smith on this point, admitted the practice of the
Court, and the propriety of such practice ; but contended,
that as the application was on the part of the Crown,
who could have no improper object in view, nor intend op-
pression from those motives which sometimes influence.in-
viduals, nor from any other motives, and who, actuated
solely by a sense of public duty, were alone responsible for
any proceedings that might be adopted, the rule ought to
be made absolute as a matter of course. The Court hesi-
tated, however, and deferred its decision until this morning,
when the Chief Baron entered into the whole transaction
with his usual ability, shrewdness, and caustic observation.
He dwelt upon the time allowed to elapse since the sup-
posed offence—railed at the injustice of the proceeding on
the part of the Crown—designated the whole affair as a
transaction of intended oppression—and after impressing
upon the audience a sort of conviction that the motion
would be rejected in despite of the Crown's prerogative,
and the reasons assigned for their interfirence as of public
duty, lo and behold his Lordship declared the rule abso-
lute !! It is said the Crown Solicitor left the Court before
his Lordship had ended, under the impression that the
Crown would be scouted out of Court ; and after-
wards could hardly be persuaded that his Lordship had
pronounced the order precisely as it was rcqrtired. When
the Chief Baron had concluded his commentary, the Soli-
citor-General stood up, and in a tone and temper strongly
contrasting with the language of the Bench, suitable to the
position in which he stood, and becoming a functionary of
public justice, stated, that from what had fallen from the
Court, and from everything that had been insinuated or
disclosed in the course of the arguments on the question,
he felt it to be his duty to state, on the part of the Attor-
ney-General and the Crown, that, before further steps were
taken, all the facts of the case should be carefully examined
and weighed ; and if it were found that the individual im-
plicated in the object of the motion was as free from any
imputation of gross misconduct as it had been alleged he
was, or if he was exposed to undue suffering, the Crown
would abandon further proceedings. But if, on the other
hand, there should appear ample grounds for the steps al-
ready taken, the Crown would persevere in vindicating the
law, and in affording, by an uncompromising discharge of
its duty, a moral and salutary protection to the community.
I cannot describe the sensation caused at the Four Courts
by this incident. An extraordinary effort was certainly
made to cast an imputation on the administration of justice
under the present Government ; but, like other similar at-
tempts, the blow in this case has rebounded, producing re-
action and ridiculous discomfiture. It will hardly be cre-
dited by your English readers, that, under any circum-
stances, a court of justice could become the scene of such
a dcvclopcment of Tory spirit and feeling. But the names
of the advocates of the process-server, the arguments they
used, and the circumstances just mentioned, corroborate
my statement.
Never was the sun, in a November fog, more anxiously
looked for, than will your Express Edition of Monday next.
In a few hours after the receipt of this, you will be able to
inform us whether or not our anticipations are reasonable
and just. We do expect that her Majesty's Speech will
announce a determination, on the part of Government, to
regard the condition of Ireland as primarily demanding their
attention. That they will boldly call upon the British Le-
gislature no longer to demur or procrastinate the period
Fe:. reforming all our national institutions. That the tithe-
system must be adjusted in conformity with the appropria-
tion principle, though we shall accept any modification of
that principle, which the present Government may be dis-
posed to offer. Corporate Reform is of equal importance,
and we have no fears for its success this session. The
questions of Poor-rates, and an improvement of the elec-
toral laws, will be acceptable to all classes of politicians in
Ireland. There is very little difference of opinion on these
subjects amongst intelligent persons. The former demands
experiment ; the latter improvement.