The Sun.
London, England, 1849-12-27 00:00:00

27, 1849.

REMOVAL OF THE IRISH BAR.

TO THE EDITOR OF 7'HE SUN.

SlR,—The writer of the within letter has sought to
get it inserted in some of the Dublin journals, but
they have all refused to give it admission, for reasons
which, however weighty with them, cannot affect an
English paper.
The opinions upheld in this letter and so ably ad-
vocated in your journal are very unpopular with the
citizens of Dublin—so much so that the Gaverntnent,
to allay the irritation caused by the appearance of
pamphlets, newspaper articles, and rumours, found
it necessary to disavow in their official organ any
present intention of transferring the bar. But
although the Dublin public is, as might be expected,
so much opposed to the movement, there exists in the
profession itself a very large section decidedly in
favour of it, which section cannot obtain any channel
through which to declare their views and arguments.
AN IRISH BARRASTER.

TO HIS EXCELLENCY THE EARL OF
CLARENDON.
My Lord,—l take the liberty of addressing your
Lordship upon a subject which is now becoming one
of very general discussioe, and is of vital importance,
not only to a certain class of her Alsjesty's Irish sub-
jects, but also to the Irish nation at large. I allude
to the expediency of transferring the Irish courts of
law and E quity from Dublin to Westminster-hall,
and although it may perhaps appear at first sight ex-
aggerated and foolish to speak of the removal of the
Irish bar as a matter of national importance, yet a
inure deii be, ate call sideratien of the question will, I
think, prove the assertion to be !rue.
Your Lordship will perceive that there are two points
of view in which it is important to consider the ex,
pediency of such a measure—lst, as to the political
reasons for such a step; and 211 y, as to its probable
effects upon the profession itself. And under these
two heads I shall, with your Lordship's permission,
briefly discuss the question. First then as to the
political reasons.
I think I am not assuming too much when I say
that it appears to be the evident design of the Go-
vernment to place Ireland in a decided and true posi-
tion with respect to England, to take from her that
appearance of distinct nationality with which she is it
present invested—to place her, in fact, in the condi-
tion of any other integral portion of Great Britain.
Such appears to be the design of the Government, and
such i 3 the design which should recommend itself to
every man of sense, for to render Ireland peaceable
and prosperous it is absolutely necessary to make her
either really a distinct nation or completely a province.
The former is impracticable, perhaps unadvisable ;
the latter can be accomplished by obliterating every
trace of her separate existence, and by completing the
union with England in all respects.
Now it is very generally admitted that the first step
towards provincializing Ireland is to be the removal
of the Irish Government from Dublin to London, and
the next, I submit to your Lordship, would natu-
rally and inevitably be the removal of the Four Courts
to Westminster Hall. This would be the second
step not merely as a necessary part of the required
amalgamation, but also for the reasons which I shall
now endeavour to explain.
The Bar of Ireland is undeniably a powerful and
influential body—its members are well educated,
connected with the aristocracy of the land, and likely
at all times to exercise considerable influence over
the political feelings and movements of their country-
men, and therefore likely to be useful assistants while
loyal, but dangerous adversaries if discontented. It
is, therefore, clearly the policy of the Government,
so long as there is a B.ir in Ireland, to retain that
profession firmly in its interests, and to preserve it
from any feeling of discontent or dissatisfaction.
Now this, it is to be feared, would be a most diffi-
cult, if not impossible task. When once the seat of
Government has been removed from Dublin, if that
source of patronage and favour ceases to be available
to the Irish barrister, he cannot but feel that his posi-
tion is altered for the worse, and his profession not
only degraded but diminished in value ; he can no
longer nourish hopes of preferment or distinction
while, the feeling that he is a courtier and an aris-
tocrat, must of course cease to stimulate his am-
bition and gratify hi, pride. These considerations and
feelings, your Lordship's knowledge of human nature
will tell you are but too likely to be productive of
lasting and dangerous discontent. So far, then, the
case stands thus :—The country is to be provincials
ized ; that cannot be done without removing the seat
of the Irish Government, and neither can be done
without removing the Irish Bar, because the very
existence of distinct and independent courts of law
render the supposition of a complete amalgamation a
false one, whilst the removal of the seat of Government
would be d mgerous in the extreme it the Bar be left
behir d.
I shall now endeavour to show that the profession
itself would be materially benefited by a removal to
London.
Up to a recent period the law business of the Mali
courts has been increasing for many years to an
amount far exceeding what the country could have
supplied if in a healthy condition. This business, in
its nature ephemeral, has been of late decreasing con-
siderably; and its diminution is rendered still more
sudden by the operation of Acts of Parliament, in
some cases passed for the very purpose of restraining
and curtailing litigation ; and in other cases, though
not primarily so intended, yet in their operation
affecting the very existence of certain profitable
sources of professional emolument. Of the former
class the late Judgment Act is an example, while the
Incutnbered Estates Bill directly tends to annihilate
receiverships and incumbrances; and the Bill for the
Extension of the Civil Bill Jurisdiction will, if
passed,l deprive the common-law superior courts of a
considerable portion of their present business.
Thus, whilst a considerable portion of business
is disappearing the numbers of the profession remain
still undiminished, the consequence of which must be
that a sub division of the remnant of business will
ensue, which will be ruinous to many, impoverishing
to all.

There is another consequence resulting from the
present uncertainty and depression of business, which
is by no means to be overlooked; it is this—that the
junior members of the profession are so disheartened
by the doubtful state of their position and prospects
that they cannot vigorously pursue a course of
study to fit them for future practice ; for there are
few indeed who can labour when there is a strong
probability that just as they may expect to reap the
fruits of their toil the business shall have disappeared,
or the system be alterel.
AN IRISH BARRISTER.