The Sun.
London, England, 1838-11-15 00:00:00

IRELAND.

TITHE CONFLICT.—DINNER IN CORK.—MR. ()TON-
NE LL.—REPE A L.—The Irish Papers, received in London
by this day's post, contain but little intelligence that is
either interesting or important. With regard to the ru-
moured conflict noticed by us yesterday, the scene of which
it will be recollected was laid in Sollibead, the truth or
fahcbood of the rumour still remains involved in doubt—at
least nothing certain and authentic was kno vn about it in
Dublin last Tuesday evening. The Tipperary Free Press
of Saturday, simply states that a report has reached its
office of " a tithe sale on yesterday, at Solihead, on the bor-
ders of this county and the county of Limerick, a fracas
took place, and that six men were shot." A statement, too,
to the same effect we see is copied into the Cork Reporter,
but the Post, is " almost certain that no such affray has
taken place."
There was last Saturday evening a public dinner at Cork,
given by the " Trades Political Union" on the occasion of
the openir*, of the " Hall of the People" to their Represen-
tative and President, Mr. Beamish. Mr. O'Connell was
there, and made two speeches : from his last we extract
some detached passages. On his health having been drunk.
Mr. O'Coreseee said—Perhaps the best way to return
thanks in a speech, is by giving you a toast, that is—" Old
Ireland, equal to England in her Rights, or again a Nation."
—(Loud cheers.) Didn't I know the way to deal with 3ou ?
—( Laughter.) This reminds me of what a daughter of mine
Once said—she is a dear little thing, and read me a lesson,
which I will repeat to you. Upon one of those occasions that
a medal was struck off, with a portrait of me, in which I was
put down as a bluff-visaged fellow, with a sort of Henry the
Eighth face—the child, in seeing the medal, recognised no
is the object of all my temporal hopes
vourneen" was inscribed, she exclaimed, " that's like my
likeness, but turning it on
atrbpelaoutahe and other side
cheers
ewherfeor
" some Erin
pmapa
eantt
.a)n y
Mr rate." e.'
country( G
and expectations, and were Ito die to-morrow, my epitaph
should he formed from my political alternative for many years
—with the blessing of God and the assistance of the people
we must have an equality with English rights, or Ireland must
be again a nation.—(Cheering) Of the two, however, I
and
ar the
ir
i
suspect I would choosethe latter.—( Laughter.) Like the
children, I prefer the bigger half. And if England do not
giie us those rights to which we are entitled, why should
thy—( nwootraimt pinaetinennst_ly
hbyurtshtea
hbaosnedsat grerethacaht
ewrya—s
(fitirrgeaerd, ohneaur)sty
ley the bloodiest cruelty—the most direct perfidy—( Hear,
Neittler foo t
n o
hear)--the most frightfulvvi,at i
. sthedemoralizationtitle-deed
ldd
n -e thato
h y ever
which
Irelandwasprae-
t ised.--( Cheers.)
is
extinctionheld in soufbj
ourug. a
name.ion Blood, tyranny, treachery,shall stir in hostile violence; you have the more power un.
My plan of resistance is simple—the con-
of moral energy.
armed, when in that warfare where you resist with the weapons
ception of it demands no talent—it is distinctly and briefly this
—Give me two millions of Precursors I
The
prospects of the Precursor Society are brightening. we had
cot the one-fiftieth of the number in the Catholic Asso-
ciation in the north, that we have amongst the Precur-
sors ; and all this in spite of Sharman Crawford, who
takes a pleasure in abusing me. He has charged me with
an intention of a dangerous and offensive nature ; he has
charged me with a desire to transfer the revenues of the
Established Church to the Catholic Clergy. I think they
are eery well as they are; would they be better by being.
hke Parson Ryder of- Ratheormack ? ( Shouts.) I think
,:or. • Would they rise with such alacrity as they do now,
oho feed
continuetithes. t o
If
fe
a a
any
y
they
one
from their port, or sherry, or claret, to attend the call of
sickness in the abode of destitution? Would they quit their
sumptuous boards to enter the habitation of fever and mephetic
dareee, 'a3'?want
fat the
parsons
not the Catholic
asked me, will you give them the Church revenues ?—I an-
swer—" No, I thank I Id'
ho
to
on
you, wou t spoil them." Two mil-
lions of Precursors I am sure to have; and I expect four
mil-
lions. We must also have a fund to defend
the
registry, and
support the poor man who • may wish to renew his registration.
What I say here is no idle declamation;
things, and I cry shame on the Cork trades if they do not
work; will you let a small faction of___ England controul and
keep you down? Next session, I will not rei.nee.matters.—
( Loud cries of " Hear, hear. ) But the combination of Eng-
lish bigotry and hostility must be met by usu be defeated
by not mere hundreds, but by thousands
osf— m
Irishmen,t
resolved
on obtaining their rights. Shall we submit to any inferiority
of treatment—any
inequality
of law? No. I cannot recall
one occasion, nor compare one feeling I ever had on all the
most soul-stirring subjects with the emotion I feel when rain
ins the animating cry of Repeal. --( Loud and protracted cheer-
ing.) The cry shall reach from Cape Clear to the Giant's
Causeway—from the Hill of Howth to the wilds of Conne-
mara, unless we obtain our rights, arid the man who will not
jojoin
us vehemently and heartily is unfaithful to himself—is base
to this country—(Gr
eat cheering.)

We subjoin an extract or two from the new Dublin Paper,
and from some of the other Irish Papers.
RAILWAY.—.It is to us a very gratif)ing circumstance to
find, and we announce the fact with no ordinary pleasure, that
the British Directors and Shareholders of the Great Western
Railroad to Athlone, have determined to proceed resolutely
with their bill, and have therefore given norice to that effect
in the Gazette.—Dublin Monitor.
APPROPRIATION CLAUSE, —Well, we had Mr. O'Connell
at the dinner at Thudes, abusing the Appropriation Clause.
That the thing was never aught but a vain and empty delu-
sion,'was from the beginning the opinion of every disinterested
person of the least understanding; but then it served its turn,
and the Appropriation Clause should not now be kicked out of
doors, like an old and useless servant who has become unable
to perform further labour.—lbid.
LORD BROUGIIAM.—Lord Brougham certainly gave the
trimming Ministry, during the last session, anything but peace
or comfort. Indeed he so tortured the unprincipled set at one
time, that we were half afraid Lord John Rus.ell would have
flown for protection into the arms of Sir Robert Peel, The
fault was not Lord John's that a coalition Administration was
not formed, nor will the future formation of such an Once,

we prognosticate, be opposed by the Ministerial leader of the
Rouse of Commons. With very great obstinacy the Minis-
terial prints are displaying a wriggling uneasiness it the brisk-
ness and vivacity of Lord Brougham, which is indicatiie of
the feelings of their masters.—lbid.
MEM& OF PARLiAgENt. The Dublin Evening Post says,
" Our London correspondent, whose information for two or
three years past has been found so generally accurate, writes
thus
" Lot4boN, FRIDAY EvENIND,,Thcre have been rumours
that Parliament would meet before Chrl -^.. and the Globe
has stated the middle of January as the time for r
I think I may inform you, with some degree of certainty, that
Parliament will not be called together fur the despatch of busi-
ness earlier than the end of January or the beginning of
February—in fact, about the usual time. A Cabinet Council
will be held next week, when the matter will be finally ar-
ranged.
" The Ministry are quite firm. Unless you live very long,
I think I am safe in calculating that you will never again see
a Tory Ministry. This now begins to be the settled opinion
of the sensible Tories themselves. Changes there will be
—but none of them are at all likely to lead to the restoration.
of Toryism. Their day is gone.

KERRY ANTI-TITHE COUNTY MEETlN'O.—Pursuant to re-
quisition, calling on John O'Connell, Esq., High Sheriff of
the County, to convene a meeting of his bailiwick, for the
purpose of petitioning- Parliament " for the total Abolition of
Tithes in Ireland, for A complete measure of Corporate Re-
form, and for the introduction of the mode of voting by Ballot
for Members to serve in Parliament," a numerous.antt highly
respectable meeting took place at the County Court-boost',
Tralee, on Monday last. At half-past one o'clock the Libe-
rator made his appearance, and was hailed, with the most
deafening shouts, when John O'Connell, Esq., High Sheriff,
was unanimously called to thei. Chair, and Mr. Stephen
Greene was appointed Seci-etart.—Waterford Chronicle.
Mr. O'Connell attended, all denounced the tithe sfstem
with his wonted force and eloquence.
The Liberator leaves Youghal this morning (Tuesday), at
an early hour, and breakfasts at Dungarvan, thence he will
proceed to Kilrnacthomas, where his arrival is expected about
ten o'clock, and wEere he will be met by the stirring men of
Carrick. From Kilmactbomas be: pursues his journey to
Waterford, and he, will enter in public triumph 04 ,t 17.08 In
tacta, about one o'clock, r as. Preparations On a magnificent
scale have been alieliay mw?e tO greet the champion of Irish
liberties ; it is hoped that every man will be at his post.--
Waterford Chronicle.

lIIESNE PROCESS.

TO THE EDITOR OF THE SUN.

Ste,—By your Paper of Friday, I see you notice the ob-
servations of two Correspondents, who became so in conse-
quence of my letter some ten days since. The substance of
the opinions which, it appears to me, these two correspondents
wish to instil in the public mind is, that the late law of arrest
was bad, but that the present is worse ; this opinion I will com-
bat. The question of arrest for debt may be regarded in two
ways ; first, as one of morality, humanity, and public policy;
and, secondly, as one of a pecuniary nature. Keeping these
two points in view, I will observe that, under the late system,
perjury for the purposes of revenge, fraud, or extortion, were
not unfrcquently resorted to ; and it cannot be denied but that
hundreds have been imprisoned on these accounts who did not
owe their plaintiff a farthing.
Again, arrest has often taken place where a plaintiff has
not had any cause of action, but only supposed he had, and
under a mistaken apprehensionhas sworn to a debt. What have
been the consequences to many a defendant? By his impri-
sonment his pecuniary resources have been cut off, and he has
been prevented giving that personal attention to the action,
which a fair defence required. and consequently because he
bad, by the oath of his plaintiff, been cut off from money and
deprived of his time, or rather obliged to waste it within four
walls, he has been cast in an action, which he ought to have
won, The records of our courts of justice show thousands of
instances in which plaintiff's on their oaths have affirmed to
debts, which juries, acting also on their oaths, have declared
not to have been owing.
Many honest debtors have been imprisoned by some ill-
natured, hasty, or ill-judging creditor, arid their property
destroyed ; whereas had they been left at large, and only
urged on by proceedings, without arrest, they would even-
tually have paid their debts. This class of creditors, it is be-
lieved, have frequently injured themselves in a pecuniary
point of view ; by the arrest they have lost their debts, and
had to pay their lawyers. These creditors must on reflection
say the present live prevents their doing themselves an injury.
Again, it has been found in practice, that usurers—those
who have been most urgent in persuading young gentlemen
and tradesmen to give extravagant orders, charging them ex•
travagant prices by way of insurance—have always been found
among the foremost to take harsh proceedings at law; pro-
bably, reasoning thus, if my debtor is fool enough to get into
my debt in this way, he will with somebody else, and it will
be better to strike him first. The most relentless creditors
an unfortunate tradesman finds in adversity, are generally
those who most imposed upon him in prosperity.
There are also a class of men who have arrested debtors,
but who would never have so acted had they considered the
matter ; but leaving such cases to the management of a junior
partner, a confidential clerk, or to an active traveler (par
excellence a persevering young man, that is a bothering young
man) cr what is worse to a lawyer, they have made an affidavit,
as a matter• of form, and their customer has been arrested. A tale
is related of a wealthy partner of a house, when at his country
seat, subscribing towards the relief of a poor debtor, expressing
his wonder at the hard-heartedness of the creditors, when the
creditors were actually the house in which he was a partner.
It is a common proverb, that no man ought to be a judge in
his own cause; but a plaintiff having the power of imprison-
ment in his own hands was judge, jury, and executioner.
And what has been the operation of imprisonment on the
debtors in n moral point of view ; they have been ruined, and
thousands have gone into prison with minds disposed to act
rightly, who have left it reckless and improvident, very cun-
ning kind of gentlemen.
Having spoken upon the old law, I will proceed upon what
is the new law under three heads, viz., the benefits it gives to
debtors, the penalties it imposes on them, and the benefits it
gives to creditors.
By the present law the po•.ver of arrest, at the mere will of
a creditor, is in all cases taken away ; and, when exercised, it
must be after an action commenced, and upon the order of a
Judge, who must he satisfied that a debt is due, and that
the defendant is about to leave England. Such an order
will not hang over a defendant's head for an 'indefinite
time, for the judge will order within what time the writ shall
issue, and within one month after its issuing, the defendant
must be arrested. And here the protection to the debtor does
not end, for he may epply to the Court, out of which the writ
issues, who may make void the order of arrest, and order the
plaintiff to pay costs.
Although the powers of the Insolvent Act (as we shall pre-
sently see) are made more stringent in respect of debtors, and
in particular of dishonest debtors yet there are powers and
duties to be exercised by the Court which every honest debtor
must hail with gratitude, and no reasonable creditor can reason-
ably object to. Among these arc the.following :
The Insolvent Court will sit throughout the year.
Prisoners confined on orders of Court for payment of money
will be released as if in for a common debt.
If a prisoner's health, or the crowded state of the gaol
require it, the Court may grant the liberty of the rules to the
unhealthy, or to any number of other prisoners.
A petitioner may be set at large on giving bail to appear at
the time of hearing, (unfortunately the Judges of the Court
have found themselves obliged to hold that the bail must per-
sonally appear with the insolvent, and consequently this clause
will be inoperative in many cases).
An insolvent having petitioned, his case must be heard ;
hitherto it has not been an unfrequent custom for a creditor
to send in a prisoner's discharge' on the very day of hearing,
and thus prevent the debtor obtaining the advantages of the
Act. Two creditors have been known to conspire in this
way, one has sent in the discharge, and a second has caused
the man to be arrested immediately on his leaving the prison ;
thus doubling his expenses and imprisonment.
A poor prisoner may have an allowance out of his estate,
and thus the burden of supporting him is removed from third
persons, viz. the rate-payers of the county ; and in some cases
his detaining creditor may be ordered to pay him four shillings
a-week.

Besides, a prisoner may, in some cases, have the expenses
of his petition paid out of his effect!. There is a provision
for paying these expenses, where prisoners have have no ef-
fects, out of certain funds in the court
whether these funds can be made available for this purpose
until years have passed.
Thus we see, that an honestf man, meaning to remain in
England, is not only protected. from arrest on mesne process,
but is not prevented, according to. his means, maintaining a
full and fair defence to any. action which
.may be. brought
against him ; and, if taken in execution, his imprisonment is
abridged or lightened, his maintenance is better provided for,
and his discharge facilitated.
So far for the benefits conferred on debtors, but now let us
turn to those penalties which hang over the heads of those
debtors, who are not disposed to act rightly.
A man cannot now spend his property in a prison, and
laugh at his creditors ; but if he will not petition within
twenty-one days a creditor may petition the Insolvent Court,
which may make an order vesting the whole of the debtor's
property in the provisional assignee.
Prisoners too, who have not acted bona fide, may be pu-
nished by a lengthened imprisonment. Former insolvent laws
have provided for many instances of this kind, but it will be as
well to set forth the instances re-enacted or enacted a fresh by
this act. Withholding books or papers—making false entries
—making no entries—altering books—giving undue prefe-
rence to any creditor—making away with property in any
way, if done fraudulently, to Conceal his affairs, or to defeat
the Act, will severally subject an insolvent prisoner to three
years imprisonment within the walls.
And, again, if such a prisoner has fraudulently contracted a
debt, or fraudulently obtained time for payment of a debt, or
vexatiously defended any action, or shall he in prison for da-
mages in crim. con., seduction, libel, cr malicious injury, he
may be imprisoned twelve months, within the walls.
Hitherto a creditor has bad to oppose a prisoner at his own
expense ; nos the Court may order the expense to be paid out
of the estate, and thus the chance of impunity, because a cre-
ditor will not prosecute, on account of the expense, is greatly
lessened. There is a set off to this that the Court may order
a vexatious creditor to pay costs to au insolvent.
The Act guards against an insolvent's case being heard at
a distance from his home, or the residence of the greater part
of his creditors ; removing, therefore, to a distance, will be a
dangerous experiment for an insolvent.
Discharged insolvents are liable, too, to
at all times,
examined, and any insolvent omitting, with intention
es,to
de.

fraud his creditors, property from his aehedule, to the amoun
of 201., and those, who abet him, will ile.liable to three years'
imprisonment.
Did I stop here, 1 think that, on a fair brkknee of advan-
tages and disadvantages, the balance is dtcidedly'.in favour of
creditors. But the Act go-es-further, and creditors' Posses%
also the following advantages.
A creditor may arrest a debtor at any stage of the action 7.
heretofore be could only do so at the commencement.
All a debtor's landed proper ty and interest inland, present
and future, whether standing in his own name or the name of
a trustee, of whatever deseription, in possessiot or coming to
the debtor on the death of any person, or on the happening of
any e,„:.nt, his cash, bonds, billspand Securities for money ; his
Government runt:: and shares in any company, may be takes
in execution, which lisiteid
ore was not the case.
The signing of a jodgmenrwii; be in fact a mortgage of as
creditor's interest in land, bearing at 4 per cent. per
annum, and this not only upon lands in fee sir.2nle, but upotn
those which he holds in tail, and whereof he could cLstroy the
entail. Immediately on signing judgment, the debt in any
circumstance will bear interest as above. This interest bears
as well upon past as upon present debts, and judgment delAnt%
in possession of, or likely to become possessed of property„
will do well to calculate what an eater up of property interest is..
I will not enter into the details for working an estate in flub
Insolvent Court, although these may be generally considered
as favourable to creditors. I think I have made out the case
I intended, that the present law, while it is a boon for honest
debtors, yet confers still greater advantages on creditors.
But I cannot conclude my letter without pointing out the
iniquity of the Bth clause. By this a man may make affidavit
that a trader owes him any sum above 1001., and if the debtor
does not put in bail (and his bail are confined to two per-
sons only) to answer an action, he will be held guilty of an act
of bankruptcy.
By the public Papers, it appears, that such an affidavit has
been made for no less a sum than 20.0001. Happily the Act does.
not provide before whom the affidavit shall be sworn, and na
one has yet dared to act upon this clause, beyond making the
affidavit before somebody. But if this had not been the case,
although the party sworn against denies the debt of 20,0001.,
yet if the swearer could have proved the other owed him 100 E,
the poor fellow must have been compelled to commit an act of
bankruptcy. This clause is an attempt to re. enact a principle
.04ippished in The case of arrest, and I strongly suspect, that
it *as the baddy-worleof some moneycrat in the shape of a
pretended amendment at a I*.'' stage of the Bill.
It is said the Judges of the Insolvent Court are not favour-
able to the Bill. This is natural to men of experience and
knowledge in the laws as the laws have been; it is irksome to go,
as it were, again to school, and to learn what the laws now are.
Queen street, Nov. 12. C. D.