The Sun.
London, England, 1848-01-05 00:00:00

TBE SUN,

pability or the innocence of the parties accused,

and, in the event of their being proven guilty
.of the frightful crime imputed to them, to visit upon
'their heads the severest punishment which can be in-
flicted upon an unworthy minister by the most s olemn
tribunals of the hierarchy. At the same time that
this course was recommended with all the forcefulness
of natural eloquence, and with all the fervour of men
inspired to adjuration by the stress of their most
cherished sensibilities, it was indicated with a degree
of respectful timidity, such as must have won the admi-
ration of a prelate possessed of the most ordinary share of
amenity. What influence these entreaties had over
the imagination of Archbishop 161.‘HALE, how far
they affected the previous decisions of his judgment,
or induced him to reconsider the merits of the
mournful and extraordinary occurrences which have
rendered so many parts of Roscommon both noto-
rious and despicable, is already known to the com-
munity. The public are as familiar with the
churlish sophistries of Dr. MIIALE, as they are
with the Eery spostrophts of Dr. PIIILLPOTTS. Docu-
ments as unsatisfactory have emanated from Tuam
as ever came from the episcopal residence at Exe-
ter. The apologist of Father M'DRIU&OTT and
the assailant of Dr. HAMPDEN have alike rendered
themselves liable to the misapprehension—to say the
least of it—of all rational observers. Whether the
theme is the Bishop Elect of Hereford, or the Parish
Priest of Strokestown, the result is as unsatisfactory,
the lucubration is as reprehensible in temper, and the
statements are as distorted with sophistry. _ _

After the very explicit letter of the Earl of
SHREWSBURY, there is nothing, however, that need
be remarked in condemnation of the line of argument
adopted by the Catholic Archbishop of TUAM. That
letter is so explicit in point of fact, so direct and un-
mistakeable in point of remonstrance, and so unutter-
ably serious in point of religious allusion, that
it renders every further observation super-
fluous. The solicitude for an investigation is
no longer expressed as an entreaty : it has
expanded into a demand ; and it is well that such
emphatic representations should have been received
by Dr. M‘FlaLh from one of the most eminent and
devoted of the Catholic laymen of England, instead
of from any one of a different faith, whose sincerity
might be dubitable, and whose motives might be
misunderstood. Lord SHREWSBURY appears to have
rendered an ecclesiastical inquiry into the conduct of
Father -APDERMOIT absolutely necessary. There can-
not, to our thinking, be any further postponement of
his trial, much less any positive blinking of his
enormities, after the manner in which he has been
mentioned by the Noble Correspondent of the Bishop
of ELFHIN. "Not only," says the Earl of SHREWS-
BURY, "not only are we now compelled to believe in the
allegations against Father 11PDERMOTT, but by his de-
nial of the 7th instant (December) he adds, the sin of
tergiversation to his other delinquencies. Nor," he
continues, " can any reasonable man be expected to
credit even the most solemn assertions of Father
APDERMOTT as a Christian minister, after the truly
un- Christian manner in which—and we have it in his
own hand—he behaved to the late Major Mallon."
Surely, if the parish priest of Strokestown do not,
after this, himself demand an ecclesiastical inquiry
into his conduct, with a view to his immediate excul-
pation, his very quiescence under these damning
assertions will be a sufficient evidence of his culpa-
bility ; and if, on the other hand, Dr. M'HALE take
no decisive step towards the punishment of those
among his inferior clergy who have rendered
themselves amenable to the wrath of their
fellow-countrymen, by uttering language unbe-
fitting their profession as ministers of a religion
of charity and worshippers of the GOD of Peace, he
will thereby impart a peculiar colouring to the asser-
tions of the Earl of SHREWSBURY. The next" move"
must come either from St. Jarlath's or froth Strokes-
town. For the sake of decency, for the sake of
honesty, for the sake of religion, it ought to be the
adoption of a manly course, and not the continuance
of a contemptible system of prevarication.

A great deal of unmerited vituperation has been
poured forth on the devoted head of MR. SEYMOUR
by some of our Contemporaries. The greatest indig-
nation has been expressed, not merely for what he
has done, but for attempting to defend himself from
the erroneous imputations that had gained publicity,
and also for having stated his views and opinions with
respect to what might have been his duty as a
barrister, had the statements as to his conduct been
really well founded. It might have been sufficient
for Mr. SExmouu, in his letter, to have shown that
in his case the vexata queostio as to the extent of a
barrister's privileges did not arise; that at the time
of the trial he not only was not satisfied as to the
innocence of M'CABE, but that he had every reason
to believe that he was a particeps criminis,
and guilty of having aided and abetted REID in the
perpetration of the fearful crime ; but we cannot cen-
sure him for having spoken (although unnecessarily)
in defence of the privileges of his profession when
they were assailed in his own person, for having fol-
lowed the example of one who, when at the bar, was
regarded as one of its most distinguished members ;
who subsequently attained the most exalted station
to which a subject could aspire, the highest aim and
object of professional ambition ; who has introduced
the most valuable improvements in the law, and as-
sumed the foremost position amongst legal reformers.
It is scarcely necessary to say that we allude to Lord
BROUGHAM, who stated to the effect (we have not his
exact words before us, and can, therefore, only give
their purport) " that if the destruction of the world
followed from a barrister's defence of his client, he
should disregard the consequences—that he might
even utter high treason in such a cause."

The published letter of Mr. SEYMOUR should alone
have been received as sufficient evidence of the truth
of the assertions therein contained. He stated that
" REID'S replies tended very much to inculpate him-
self, but did not at all exculpate M'CABE ;" and he
further added, "that they were so contradictory in
themselves, and so strongly opposed to the evidence
for the prosecution, that I did not believe them, and
in no single point did I vary the line of defence I had
already resolved to follow." That this belief in
M'CABE's guilt was fully warranted, we proved on
Saturday last, not merely from Mr. SEYMOUR'S
letter, but by deductions drawn from a strict exami-
nation and an attentive consideration of the evidence
which had been adduced on both trials, and yet the
attacks on that gentleman have been repeated with in-
creased virulence. One of our Contemporaries has even
gone the length of saying, " that he would have richly
deserved to awing from the same gallows." This to
a member of a liberal profession, for doing what he
believed to be his duty, whether he was right or
wrong in his judgment !! ! While another more
moderate, " would have preferred to have attributed
his conduct—(what conduct ? that of which he was
not guilty)—to an error of judgment, which it would
have been generous to have overlooked in reliance upon
those best teachers, age and experience, but for two
circumstances. First, the singular coincidence that
Mr. SEYMOUR, like Mr. C. PHILLIPS, whose example
he has followed, is an Irishman; and, secondly, that
he has not confessed the error—(what should he have
confessed?)—but deliberately justifies the proceeding ;"
adding, " It is important to the English bar that it
should be asserted that the principles enunciated by
Mr. SEYMOUR are, as it would appear, importations from
the other aide of the Channel, and are not born and
bred and domiciled on our own soil." That Mr.
SEYMOUR is an Irishman is certainly a ground of
accusation that (although as old as the days of Swirr)
we were hardly prepared to see resorted to and
gravely put forward at the present day. It is either
levelled at the Irish bar or the Irish nation. It is
scarcely necessary that we should enter into
a justification of the Irish bar, from
the censure thus cast upon it. An eminent English
authority, who has filled the highest judicial station
in that country (Sir EDWARD SUGDEN), has recorded
his deliberate opinions of the character and attain-
ments of the Irish bar, when he stated that they
might challenge a comparison with any bar or any
body of persons in the world. Neither need we
recal the long list of illustrious Irishmen who have
rendered the most valuable services, and performed
the most brilliant achievements. The name of the
Duke of WELLINGTON has not as yet been so far for-
gotten that an Irishman should blush for his country,

or be considered as of an inferior race. If the principles

enunciated by Mr. SEYMOUR are really importations
from the other side of the Channel, and not born,
bred, or domiciled on the English soil, it is not a

little surprising that no members of the English bar
should have come forward, as such, to repudiate the
erroneous doctrines, and to free their profession from
the stigma cast upon it. If many of the body felt
that Mr. SEYMOUR had seated that which was cal-

culated to bring his profession into disrepute, many
indignant disclaimers would have long since appeared.
The Bench and Bar would have vied with each
other in declaring his error, and we are justified
in presuming from that silence that no such
feelings exist. The Bar have considered the subject
deeply; and they are well aware how very dan-
gerous it would be to depart in the slightest degree
from the broad principle " that the paramount duty
of a counsel is to defend his client by the best means
in his power from the evidence adduced at the trial,"
and that if once the belief, or even the certainty, of
his guilt is suffered to make any, the slightest
alteration in the nature of the defence to be offered,
it would be impossible to calculate the amount of
mischief that might ensue. This principle is wholly
founded on considerations of public policy. The
moment a line of demarcation is drawn, that it is
said " thus far shalt thou go, and no farther," the en-
tire of the relations between counsel and client will
be disturbed. Whatever is uttered by the former
will carry with it greater weight, and inflict a more
serious injury on the person whom he may deem it
his duty to censure. There would be a total cessa-
tion of the confidence between the parties that is so
desirable. It would be the interest of the client to
deceive his advocate, to blindfold him as to the real
facts. If he were to act merely on belief, without hav-
ing the certainty which a candid confession might give,
the first privilege of a freeborn citizen that he should
be deemed innocent until proved guilty, would be
taken away. His advocate, the very man whom he
selected to defend him, would be the man to seal
his condemnation in consequence of supposing him
to be guilty. There are two rules, therefore,
which we believe are fully recognised amongst
barristers. First, that a practising barrister is not
at liberty to withhold his professional assist-
ance from any person requiring it who complies
with the established regulations of the profession,
and, secondly, that, having given his services, he
not permit any consideration whatever, public
or private, prevent him from doing all in his power fur
his client's benefit, or to procure his acquittal,
if charged with a criminal offence. Many would
doubtless desire to escape the weighty responsibility
that would be cast upon them when the life of a
fellow-creature is at stake, and for which, and for
the deep anxiety under which they must suffer, the
fee is but a very inadequate remuneration ; but they
cannot do so. They must take every case that offers—
the bad with the good —and that necessity being
recognised, the other will follow as a matter of
course ; they must act for their client to the best
I of their abilities.
We may perhaps on a future occasion point out
some of the consequences that would result from the
ntroduction of any other principle.

must

A letter from Berne of the 31st ult. says—" In
place of a new collective note, which the Conservative
journals have been of late threatening us with, a very
unexpected communication has arrived from the
Vatican. The Holy Father, who only replied in
general terms to the demand made by the Catholics of
the Grisons, for the recal of the Jesuits, appears to
have taken fire when the victory of the Federal troops
showed the impossibility of tolerating any longer that
mischief-making order, on a territory where its trans-
plantation has caused torrents of blood to flow. Pius IX.
has, in consequence, addressed to the Diet a note which
will not be rendered public until that body shall
meet again, but of which, it is said, the following is the
substance The Pontifical Court complains of the
sacrilegious acts, which it pretends were committed
in the Federal expedition, and of the dismissal of
several religious orders, the existence of which in
Switzerland was, it says, guaranteed by the com-
pact.' From the steps thus taken by the POPE it
may be inferred that the Court of Rome has re-
ceived its information from exceedingly suspicious
sources. The same sentiments which, in the regions
of the Vatican, has caused the demonstrations before
the residence of the Swiss Consul by the Roman
population to be disapproved of, has certainly been
the mainspring of the representations which have just
been addressed to the Diet."

The people of Rome are expecting daily the mom
proprio concerning the new organization of the
Council of Ministers, and already the principal pro-
visions of this new organic law have transpired. It
appears to be certain that, with the exception of the
Secretaryships of State for ecclesiastical and foreign
affairs, all the Ministerial departments will in future
he accessible to laymen as well as to the members
of the clergy. A proposal for a loan has been sub-
mitted to the finance section of the Council of State.
M. CoxioLl BUSH, the Holy Father's Plenipotentiary
in all the affairs of the Italian Customs Union, has
been commissioned by his HOLINESS to proceed to
Naples, and negotiate for the accession of the king-
dom of the Two Sicilies to that league.
The Alba of Florence mentions a report that the
Duke of PARMA has expressed an intention to grant
every reform which wonld be for the welfare of his
subjects.

We read in the Patria of Florence, of the 28th

ult. :--

" The arrival of Austrian troops at Parma cannot
inspire the least uneasiness, and we are happy to an-
nounce this to our readers. The Tuscan Govern-
ment has received official information that a detach-
ment of Hungarian cavalry has gone to Parma, solely
for the purpose of escorting the body of the Arch-
duchess Maria Louisa to Vienna. The Imperial
troops, which have entered the Duchy of Modena,
did so at the request of the Duke himself, in conse-
quence of some disturbances at Modena and Reggio.
The Tuscan Government knows also that the Go-
vernment of Austria has declared anew that it will
never intervene in a military way in any state of
Italy, unless its aid be required by the legitimate
sovereign."

Madrid journals of the 30th ult have arrived.

The Gageta publishes an ordinance extending the
Act of Amnesty to all such as had been condemned
under military jurisdiction, and who were held worthy
of this act of grace. The Budget of 1848 had been
settled at 1,283,631,396 reals. The Royal Commis-
sioner of the Bank, Senor HOMrANBEA, had accord-
ing to the Clamor Publico, resigned, because he had
failed in an effort to limit the expenses of the esta-
blishment to 1,300,000 reals.
The Eco del Comercio says that a credit of 40,000
dollars had been opened to General Roe DE OLANO,
the new Captain-General of the Spanish possessions
in Africa; General Roxcem, Count de Alcoy, had
left Madrid for Cuba. General CORDOVA having been
nominated director of infantry, in the place of
General Fiala/Res, had taken possession of his post.
Senor ISTURITZ had arrived in Madrid, and had
tendered to the QUEEN his resignation of the office of
Ambassador to London, but his resignation had not
been accepted.
MADRID BOLSA, DEC. 30.-.-The Three per Cents.
28} c.; Five per Cents., 151, paper; Coupons, 104,
cash. Exchange on London, 48f. 30e.

We have received the Paris papers of yesterday.
They all of them comment on the surrender of
Asn-EL-KADER, and some of them have actually the
unprincipled hardihood to recommend that faith
should not be kept with him—that the terms upon
which he surrendered should be violated—that the
solemn word of the son of the French KING, of the
Duc D'AUMALR, Governor-General of Algeria,
pledged to ABD-EL-KADER, should be broken. In
his dispatch to the Due D'AIJMALE, General
LAMORICIERE says —" I have been obliged
to enter into engagements. I have en-
tered into them, and I have a firm hope
that your Royal Highness and the Government will
ratify them if the EMIR trusts himself to my pro-
mises." In the same dispatch General LAMORICIERE
says, " It will be sufficient fur me to state that I have
only promised and stipulated that the Eatte, and his
family shall be all transported to Alexandria or to
St. Jean d'Acre. These are the only two places
which I have named. They were those which he
mentioned in the proposals, which I accepted." The
Duc D'AVMALE, in his dispatch, says, " The Emu,
demands to be conducted to Alexandria or to St.
Jean d'Acre." The convention, which was im-
mediately agreed to verbajly, was soon after
ratified in writing by General LAMORICIERE
and towards the conclusion of his dispatch he says,—