The Sun.
London, England, 1836-02-19 00:00:00

to him directed, it was commanded that Clarke, on the peril
of his allegiance, to appear before the *Ceiba of .olir Eke iegt:Er ht.
the King's c.iurts in Dublin, at a certain day pissed yht
manifestly contemned our tornmands therein, therefore we com-
mand yeu, that you omit not, by reason of any liberty, but to
enter the sane, and attach the taiel Hugh Clarke Wheretievar
shall be found within bur kingdom bf Ireland, l'elfel and con-
temner of our laws, so that you or 61 you have his body
before the Barons of the Ekelliver, at the King's courts, D gin,
on Monday the 13th day of Aptil next Coining) k° all!'`%r those
things which then and there shall bt td‘;`7;:ieu against him, and
what our :aid court shall order ;
farther to do and rtvrivt her.
we also command th:ai all and singular our sheriffs, mph, baiii6s,
and 41 ohicers and liege subjects whatsoever, firmly enjoining
tS-em that to yon and each of you, in the execution hereof, they be
aiding and assisting. In testimony whereof, we have caused these
our letters to be made patent.
" Witness, Henry Joy, Esq ;Chief Baron, Jan.

" J. #ARRON%"

" R• W. Osborne, attorney "
The next was a copy of a letter from the Magistrates in
Petty Sessions, County Meath, to Sir WI:). Gossett, dated
23d March, 1835, viz.

" Navan Petty Sessions March 40835.
" Sir—Ws WE been this dad• applied to in Session o direct
the Politt to assist in the execution of a writ, the copy of which we
intlose ; not being certain of our jurisdiction in the matter, we are
anxious to be directed as to the course we should pursue.
" We have, &c.,
(Signed) " P. R METGE, J.P.
• " R. P. 0. HAMILTON, J,F, "
"Lient,-Colonel Sir Wm. Gossett."

He had some difficulty in reading the reply, because It pro.
seeded from a gentleman who, although he ( Lord Murpeth)
could not say that he was not present, was nevertheless not
in a situation to answer for himself. It was as follows t
"'Dublin Castle, 26th March, 163.5.
" Gcsmcm ax—l have received and laid before !Ile Lord-Lieu.
tenant your letter of the 23d instant, enck-fmg the copy of a writ,
been applied to in sessions to
in the execution of which you 117:,,e
direct the police to assist, and requesting to be instructed as to the
sour 'pursue. not being certain of your jurisdiction in
se you
the matter, should
In reply, I am to acquaint you that the law adviser
does ":iot think that the police should be employed to execute process
of this nature, nor have you any jurisdiction to direct them to do
so.—(lmmense cheering.) If their interference be necessary to,
preserve the public peace, a proper case must be made out by
affidavits. " I have, !Ice.,

(-d)
" The Magistrates at Petit SessiSigneons, Navatn"
—Here he felt that he might safely leave the case.—( Hear,
hear.) He believed that he had acted upon the advice of
Chief Baron Joy; he was sure that he had acted after the ex-
ample of the Earl of Haddltigton.—(Hear.)
After a few worth from Mr. SCARLET;
Mr. SHE IL, in reply, owed it, in the first place, to himself,
to state such facts as would at once relieve him from the impu-
tation of having unexpectedly, and contrary to a previous inti-
mation given by him, moved, in addition to what appeared on
the face of the paper, for a return of the amount of Bills filed
since August last for the recovery of tithes.—(Hear, hear.)
He ( Mr. Sheil) had on a former occasion moved, without no-
tice, for a return of the number of such Bills, and also moved
for the names of the attorneys by whom they had been filed.
On that occasion the Recorder for the City of Dublin objected
to the motion, because the names of attorneys ought not, as he
alledged, to be included, He S.Mr. Shell) then withdrew his
motion, and gave notice of it. He afterwards allowed it to drop
in consequence of the pressure of other business which preceded
it, and told the Learned Sergeant opposite, and the Member
for the University of Dublin, that he should not move it in
their absence. Accordingly, in their presence, he had added
the motion of which a notice had been originally given, and
he left out the names of the attorneys, because their production
had been at first objected to.—( Hear, hear.) Nothing could
be more remote from his intention than to take the gentlemen
opposite by surprise, and it was obvious that taken by sur-
prise they had not been. The Learned Sergeant (the Mem-
ber for Bandon) had come with at least the materials of a
speech, and with a private letter of his (Mr. Shell's) in his
pockets—( Cheers.) The Learned Sergeant who complained
that he had not had notice, never gave him ( Mr. Sheil) no-
tice of his purpose to use that letter. He (Mr. Shell) had a
few moments before the debate met the Learned Sergeant
above stairs, vino had entered into conversation with him, and
had him where he (Mr. S.) could procure a copy of the
nr;:ated Report of the case of " Knox v. Gavin ;" and yet the
Learned Sergeant, having his private letter in his pocket,
never told him that he meant to avail himself of it in the de-
bate.—(Loud cheers.) It was idle for the Learned Sergeant
to suggest that the letter was not private, because it had been
referred to in a bill filed against him (Mr. Sheil). By whom
was that bill signed ? Let the House mark the fact : the bill
adverted to his letter, and was signed by the Learned Ser.
geant himself.—(Cheers.) So that the Learned Sergeant
first has his letter laid before him in his study,.refers to it in
his professional capacity in a pleading, and then having thus
divested it of its character of privacy, reads a part only of
the letter in his Parliamentary capacity, and declines, when
called or,, to read the rest.—( Hear, hear.) This was scarcely
fair dealing, on the part of the Learned Sergeant.—( Hear.)
Mr. Orphen is the solicitor to the Lay Association—and I
never stated that Mr. Smith acted in that official capa-
city ; but I do believe that Mr. Smith, under the
superintendence, and with' the co-operation of the Society,
has filed a great number of bills. Ido not blame-him for so
doing ; I acquit him of every charge ; and only refer to the
number of bills filed as evidence of the frightful scenes of
litigation which have been got up in connection with political
contests in Ireland. As fo any letter, I will without hesita-
tion read the entire of it to the House; and, indeed, as an
extract has been employed, the House owe it to common jus-
tice that the whole should be read. It is addressed to the
Reverend Mr. Thompson, the clergyman of the parish in
Tipperary where I reside, and I cannot help saying that I did
not think it necessary to mark "private and confidential" as
an inducement to him not to furnish it for such purposes as
those to which it has been applied. But let the House judge,
without any comment from me, how far the rules which regu-
late private intercourse have been observed. The letter is in
these words :

~ W. COSSET.

" To the Rev. Mr. Thompson.
" Long Orchard, Oct. 12, 1835.
"My dear Sir—lt is perfectly true that I wrote to you that in
the event of the Government expressing a determination to abide
by Lord Stanley's measure, I could not complain if you adopted
proceedings against me.
" The Bill proposed last Session had been rejected by the Lords,
but that some such adjustment of the unfortunate tithe question
will be brought forward at the commencement of next Session
(whatever party be in power) seems obvions. The Government
have not intimated any intention to retain Lord Stanley's plan ; a
great change is inevitable. Under these circumstances, I submit
to your consideration whether the delay of a few months on the part
of the clergy be not more advisable than the immediate exercise of
their existing legal right to tithes. lam not insensible to the hard-
ship of their condition produced by the contentions of the great
rival parties in the State ; but, on the other hand, by what possi-
ble means can those who pay tithes at this juncture succeed in re-
covering them from their own tenants?
" Parliament must meet early in February, and the question
must then be settled ; no legal proceedings could be effectual be-
fore that reriod. It will be for you to decide how far it will
be advisable to involve yourself and me in litigation. injurious to
both of us, when the settlement of all demands by the Legislature
is so close at hand.

" At the same time It.hink it but justice to add, that in the event
of your proceeding against me, I shall not regard such a step upon
your part, as a severe or unjustifiable one; although being myself
unable to collect tithes, and being placed in peculiar political cir-
cumstances, I indulge in the hope that you will not consider it un-
reasonable that I should have recourse to such expedients of pro-
crastination as the law supplies.
" You must be aware that as Member for the county Tipperary,
I must elect between the payment of tithes and the loss of my seat. ;
perhaps this consideration may induce you to delay for some months
longer.

I really do not know to what extent I am liable to your de-
mands : most of the leases were executed before Lord Stanley's
Act; and property in your parish, has been so subdivided,
that to determine who are, and who are not liable, would be a
task of some difficulty.
" Whatever course you adopt, I trust that no interruption will
take place in the kindly feeling that ought to exist between neigh-
bours, and that our legal differences will not be embittered by any
personal animosity.

" Yours, very truly,
"R. L. SHEIL.
Sir, I own every sentiment in this letter not meant for the
public eye—the effusion of sincerity, and the result of no un-
kindly feeling.—( Cheers ) It is free, I hope, of all political
and sectarian animosity, and exempt from that bitterness Vi hich,
when our moments of public contention are past, ought surely,
in private life, to be laid aside.—( Loud cheers.) Ido not
want to deprive Mr. Thompson of his tithes : I only requested
him to delay his proceedings for a few months, and I do this
with the courtesy that becomes me in addressing myself to a
gentleman, for who'se privations I felt the sympathy which I
expressed. But I turn to the Learned Recorder. He defends,
and most appropriately, the purity of the Bench. I did not
attack its integrity. I 'said that, under the influence of strong
feelings, men the most conscientious might be hurried into
a mistake. I acquitted all parties, judges, solicitors, attor-
neys, of all moral blame. But it is delightful to listen to the
Learned Recorder's vindication of his brother Judges. He
is himself so immaculate, so free from all factious emotion,
so much above all partizanship, that he cannot even conceive
how a Judge can be an agitator—( Loud cheers)—how a
man filling that high and sacred station can descend to the ex-
citement of popular passions, enlist himself with a party, and
be placed by a faction, at its head..—( Cheers.) The Learned
Recorder, as I have thus conferred on him the mced of my
respectful panegyric—(Laughter)—will, I hope, pardon me
if I presume to suggest to him that it would have been as
well if his own name had not appeared as a member of the
Lay Association for levying tithes. What ! a judge before
whom a tithe case may be tried in which the Lay Association
might institute the proceedings.
Mr. SHAW—No tithe case can come before me.
Mr. S HEIL—The Recorder is surely mistaken. He is
imperfectly acquainted with the extent of his jurisdiction, al-
though he has so lively a sense of his moral judicial duties.
He can try a civil bill for tithes, and I challenge him to deny
it. Will it be said that between the Orange Society and the
Lay Association there is no communion and no sympathy ?
The Orangemen are generally frank, direct, and candid. To
geisveheSroyonceviiecctoeyuellxdcaaemppptldyhi disposed
oposotcheride
smytoa;
‘n,aepppiltya
pAiorbount hcnhoat
r'steerpsi
itt
tah le)
has( On(I
lion cannot claim this exemption, andbpuatythwe L
what
a yR
othseofcoiva:
milt calls the unconscious homage that vice pays to virtue.—
(Cheers.)
Mr. Sergeant JACKSON explained.
Return ordered.
HIGH SHERIFFS OF IRELAND.
Colonel PERCEVAL moved the following Return :
" Return of the several persons recommended by the Judges
to fill the office of High Sheriff in the respective counties of
Ireland, for the present year; and also of those persons who
have actually been appointed ; specifying those (if any) who
received the letter of appointment, and were subsequently set
aside, contrary to the course."—Granted.