The Sun.
London, England, 1841-02-03 00:00:00

extremely desirable that an end should be put to this
most vexatious system. But if that system were with-
drawn, some substitute must be found of a more
impartial, more learned, and more certain na-
ture, ; that was universally acknowledged,—( Hear.)
In many which he had seen upon this sub-
ject, productions of the various members of the
Government, he had found a provision, that upon any
rejection of a claim the party sggrieved should have a
right to go before the Jadge of Assize in order to cb-
Lain redress. When this matter was discussed in the
course of last Session, many arguments had been thrown
out to which he was not insensible, suggesting that it
the enactments of his B:11 were carried the appeals to
the Judge would be numerous and common. He had
anxiously tried to find a course which would be equally
free from such an objection, and yet give the desired
effect, but his search had been in vain, nor bad
he yet heard from any quarter even a suggestion
for any Court to be substituted for the Judge
of Assize, which would be free from the inconveniences
which were alleged against the present system. He
proposed, therefore, that the claimant and the objector
should have a mutual appeal to the Judge of Assize,
but undoubtedly he was anxious to give some protec-
tion against frivolous and vexatious appeal, and he had
proposed in his Bill that the Judge of Assize should
have the power to give limited costs in any case of a
frivolous appeal or objection. Great objections were
taken last session to the power given to the Judge of
Assize to award costs against a person claiming the
franchise, and having been placed upon the register by
the Assistant Barrister, but he could not see any good
reason why both parties should not be put on the
same footing, in order that not only the claimant but
the public might be rescued from being swamped by
fictitious votes ; and if any costs were to be given at
all, they ought to be given equally and fairly. Last
Session, however, he was very much struck by one
point which had been urged, viz. that the persons who
were, by the sanction of the Assistant Barrister, placed
upon the register, ought not to be visited with costs.
Now that point had not escaped his attention ; his an-
swer was, whereas the costs were only to be given in
frivolous and vexatious cases, no Judge would give costs
against any party coming forward with the positive fact
of the decision of a Judge in his favour.—(A laugh.)
However, that there might be no difficulty on this
point; he was perfectly prepared to insert a provision
that the party, be he who he might, who came forward
with the decision of the Judge of the Court below in
his favour, should not be visited with costs in a higher
Court. He believed the provision unnecessary, but if
it removed a difficulty or was considered to remove any
hardship, or provided against any inconvenience, he
was most anxious that it should be adopted.
They did not now stand upon the same foot-
ing as last year, because ho must call their
attention to a Society containing the names
of a great number of noblemen and gentlemen for
whom he entertained great respect, and for whom he
felt a high personal esteem and friendship—a Society
which included in its numbers the names of the Earl of
Charlemont, the Earl of Gosford, the Noble Lord the
mover of the address to her Majesty on the first day of
the session, Lord Headfort, Mr. Sharman Crawford,
and many other names of distinction—a Society calling
itself the Liberal Association cf Ulster, and which had
been formed for the express purpose of entering into
the details, and sifting to the very bottom the registra-
tion system, in order to make out a ground for
the rejection of his Bill a Society consisting
of Members professing to be warm and cordial sup.
porters of her Majesty's Government, while they at
the same time deprecated the repeal agitation in Ire-
land. He entertained great; respect for the Society,
and he would speak of them with that respect, even
when he differed from them. Surely, then, he might
be allowed fairly to claim them as coadjutors, in what he
considered to be a good. work, when they agreed with
him.—(Hear, hear.) They were in favour of an Ex-
tension of the, Suffrage, Vote by Ballot, and of short-
ening the duration.of Parliaments ; therefore, when he
agreed in their opinions, or rather when they agreed
with him, he could not be charged with illiberality
if he called their opinions to his aid.—( Hear, hear.)
He was anxious to show that upon all the leading prin-
ciples of the Bill, he had the sanction and concurrence of
this Liberal Association of Uiatcr. They thought the
certificate system ought to be abolished—that was a
principle of his Bill. He wanted a register to be made
by the assistant-barrister, upon a due notice given by
the claimant, and that he should appear person illy or
by agent to substantiate his right—their avowed princi-
ple were the same. There was no part of his Bill upon
which he met with so much abuse as upon that point,
giving the double appeal to the Judge. He would
read one or two extracts from a Report of the•Suh-
Committee, and approved of by a General Committee,
which was presided over by the Earlof f
wherein they recognised the very identical principle.
The Noble Lord here proceeded to real extracts from
the Report of the Committee of the Ulster Associa-
tion, on the registration of voters, wherein they refused
to approve of the English system, because it gave no
means of redress either to the claimant or to the objec-
tor against an erroneous decision of the registering bar-
rister, except with reference to a Committee of the
House of Commons, or of the Irish system, because it
confined the right of appeal to the claimant.—(Hear,
hear, from the Opposition.) The Report went on to
state that the Committee recommended that the right
of appeal on all points of law for final decision should
be extended both to the claimant and objector, and
that a Court of Appeal should be constituted, be-
fore which the claimant should lieve such points de-
cided. There, continued the Noble Lord, were three
of the main provisions of his Bill,—that it was desirable
to avoid a reference to a Committee of the House of Com-
along. Such reference to a Committee of the House of
Commons was unavoidable, unless an appeal tribunal were
constituted ; and if they did constitute an appeal tribunal,
the appeal should lie both ways—to the clamant and to
the objector. Under the system, as it at present existed
in Ireland, the appeel was unsatisfactory, and the English
system was unsatisfactory, because the appeal existed
neither for one party nor the other. With respect to the
appeal being made the subject matter of costs, the plan
he proposed was framed with a view to avoid a reference
to a tribunal constituted like a Committee of the
Iloie,e of Commons. In that he concurred with
the Liberal Association of Ulster. Now, what
were the points on which he d:Ered with that Associa-
tion ? The matters upon which they differed were not of
fereat importance—they were abut to be narrowed to a
single point*. H would show to the House that the
points upon which they differed were not such as to throw,
with the semblance of justice, the charge upon him of
seeking to destroy the franchise, while he professed an in-
tention to amend the law of registration,—(lieu, hear.)
The first of these points was, whether the registration
should be auntie!, as in England, or quarterly, as in Ire.
lend. He confessed that he had no hesitation whatever
on that point. He confessed that he entertained a strong
opinion, that if they meant to snake the register a decisive
document, they could not hesitate about making the regis-
tration annual, as it wasin England._(Cheers from the
Oppositian.) lie had next to point out to the House that
questions were liket y to arise upon these matters which he
hoped would be discussed with calmness. lle stood there
then as the representative, not of his own opinions merely,
but as the representative of the recorded opinions of the
House of Commons. It had been decided last session in
that House that the annual registry was preferable to the
quarterly.—(Cheers from the Opposition.) As regarded
the forms of notices a great deal bad been said: Ho had
carefully considered that subject; he had looked over the
forms of notices, and he had endeavoured to simplify those
fo-ms. lie would require certain particulars to be proved,
and upon the proof of those points should rest the right to
be registered, and upon the failure of proof, the removal
from the registtr. What were the costs as pro-
posed by the Ulster Association ? It was proposed
tha: although costs should be given in favour of the
party who bad proved his claim to the franchise in the event
ef the objections raised against his claim being proved to
be frivolous and vexatious. Yet in the case of an indivi-
dual raising objections, of whatever kind, and however
Kell-founded, and being unable to substantiate those objec-
tions, it was proposed by the Ulster Association, that in
all cases of that kind the public magistrates should impose
a penalty ; on the other hand, however the frivolous claim
might be repeated twenty times over and over, and might
be objected to one session after another in succession, and
at the end of each period come forward again and again.
But however frivolous and absolutely ridiculous that system
was in the one case, yet no costs were to be imposed, and
the claimant would feel perfectly secure that such would be
the case ; but the objector I,iastsoe
ofobjection,
be s
add
how-
ever-well witho
costs, if ho failed to substantiate his ca
ever-well founded it might be. Now, he could not sup..
peso that was fair and impartial justice. He would pro-
pose in the one case, that if it was the opinion of the
p• eliding Judge that the • objection was frivolous, costs
should be given, but not exceeding M ., and in the other
case, not exceeding the amount of expenses to which the
opposite party was put. As that was an important point,
andt
the
es
courseit w a
of s
taheploaisnt Session,
point that hadanbdeeunproainswedhiicnhdaisdeiuvaissiioonn
in
had taken place, he wished to call the attention of the
House to it, more particularly as he was extremely anxious
with regard to it, to see how far he would be enabled to
meet the views and wishes of the House. The Right
Honourable Gentleman, the Solicitor-General for
Ireland, had moved for the insertion of certain
words into the clause, havecla.rc dt h
ethat
rightafter
.o f
uldde
the Ist November no persowithiwcho
voting for places in Ireland, except Dublin, unlessregis-
tered according to that Act; that was to
.say, that all. per.
sons having a right to vote, and bolding
lista certificate
should not be called on to substantiate their claims, but
which entitled them to be placed. on the of voters,
should be liable to objections made by, any persons coining
forward to question their right to vote. The Attorney-
General wished the introduction of the words for the pro-
tection of parties holding certificates, but he (Lord Stan-
ley) was not sure whether it was his (the Attorney-Ge-
neral's) intention to carry that protection further, and ex-
tend it to any persons who should afterwards get on the re-
gister,: The words proposed to be introduced into the clause
to which he referred were, " That after the Ist of Decem-
bet., on. the making of the registry for any county, :city,
;borough, &c., every person whose name shall be upon the
register when so nkde-shall'be retained on it, and have his
right to vote continued according to the present law, un-
less he lose his' qualification, or die, or unless the registry
be effected by fraudulent means." Such was the amend.
in ent-proposed to..be introduced by. the Sohoitor,General.
As on the one.lxind he (Lord .Stanley) came forward to
support the views entertained by the msjority of tlit-House,
views in which he was supported by a division,