The Sun.
London, England, 1846-05-15 00:00:00

THE CLERKS OF THE CROWN.

The Marquis of CLANRICARDE--In pursuance of the
notice he had already given, he should move for a return
of the Clerks of the Crown. He should not have made such a
motion without a more distinct notice had he anticipated any
opposition. He had many opportunities of observing the
character of the present Lord Lieutenant of Ireland, and
he believed that he was calculated to be of consider-
able benefit to the country. The Lord Lieutenant of
Ireland was chosen in consequence of his ignorance and
want of connexion with the country, as was also his secre•
tary, and they were unacquainted with the people of Dublin
Castle, and the duties that devolved on them. There was a
gentleman named Pollock, by whose death no less than fifteen
appointments as clerks to the Crown fell vacant. It had for a
long time been under discussion, whether the office of clerk
of the peace could be united with the office of clerk
to the Crown. In consequence of the appointment
of some gentlemen to serve in those offices by
the custos rotulorum of the Queen's County, in opposition
to the Crown, legal proceedings were commenced, and the
question was tried at Dublin before all the Judges, only two
of whom were against the Crown. The question was after-
wards tried by their Lordships, and the decision given by them
was against the power of the Crown over these officers.
It was contemplated that these officers should be united. What
was recommended by the last commission of Lord Devon, and
on which so much stress has been laid on different occasions by
the Government ? He recollected that when that Com-
mission was issued, whenever Noble Lords urged the
Government to take some steps in the ameliora-
tion of the law of Ireland, they were repeatedly refused
until the labours of the Commission were finished, and their re-
port had been made. Well, new that it was so, it deserved
the attention of that Government who had so highly valued it
before. The Commission that was issued in 1836 recommended
that the office of the Clerk of the Peace should be united
with that of Clerk of the Crown. But he would go
back to another Commission, which was formed of men
intimately acquainted with the country—he meant the com-
mission appointed in 1836, to review the grand jury laws in
Ireland—and their report ought surely to be attended to.
They reported, that the duties of the clerk of the peace
and, the clerk of the Crown should be performed by one
officer, and that the duty ought not to be divided among
two—the office of Clerk of the Peace ought to be re-
tained, the office of Clerk of the Crown should be abolished.
When this subject was fully placed before the pub-
lic, the•- public expected the same arrangement would
he made for the abolition of the office of clerk of
the crown. He did not mean to say that, without
any inquiry whatever, all persons who were clerks of the
peace should be appointed indiscriminately to the office of
Clerk of the Crown ; but what he would contend for was,
that when these Clerks of the Peace were found to be fit and
proper persons for the offices, a due regard should be
had to the economy of the county, and the two
offices should be merged in one. But that
had not been done ; but the state of the fact was this, that
in three weeks after the death of the person he had mentioned,
a mass of applications had been sent in to the amount of several
hundreds, and the gentleman had not been dead a week
when it was well known who was to be his successor
to at least ten of the situations he held as clerk
of the Crown. It was a well-known fact that Mr.
Kemmis had been deputy clerk of the Crown for four counties
in Ireland and for the city of Kilkenny. This gentleman had
acted in that capacity for a long time before, but in the year
1818 he positively received his appointment as deputy clerk of
the Crown. On the death of Mr. Pollock he was, however,
turned loose on the world without any compensation. Now, he
would ask if that was right or just towards the Irish people ?
He did not know what were the abilities of this gentleman tor
the situation he had filled, but he was well aware that he had
had three recommendations for similar situations from Kil
kenny, three recommendations from Wexford, three from other
counties, and two from the city of Kilkenny. But he dared to
say that they would be informed that arrangements would be
made by which the late appointments would not stand in the way
of future appointments. They might be told so, but he begged
their Lordships to remember that these were patent offices, and
only held during good behaviour. He hoped that the Noble
Earl would clearly inform them them on what understanding
these arrangements were to be made, and if they were to be
enforced. Now the public in Ireland had a right to be in-
formed in what these arrangements were to consist, and what
the Government intended to do in respect to these officers.
He wanted to know what were the arrangements under which
the appointments to those offices were made. He apologized
for having so long occupied the attention of their Lordships.
He hoped that his Noble Friend would tell their Lordships
what the arrangements to which he had alluded were, and give
distinct answers to the questions which he had put.
The Earl of ST. GERMAINS said, he at once agreed
with the Noble Marquis opposite, that the Government was
bound to pay respect to, and seriously consider all the re-
commendations contained in the report from which
the Noble Marquis had quoted ; but he could not
say that he admitted that the Government was bound
to act in accordance with them. Now what were the recom-
mendations to which the Noble Marquis had called the atten-
tion of the House?—That the clerkship of the Crown should
merge into the office of the clerkship of the peace. The com-
mission of which the Noble Lord (Devon) was the head, re-
commended, that in addition to the duties of the clerk
of the peace, the same individual should perform
the duties of clerk of the Crown, and become public
prosecutor. Now, he (the Earl of St. Germans) appealed
to any Noble Lord, conversant with the operations of the law,
whether that would b- a convenient or even a constitutional
course. The Noble Lord seemed to be well aware that the
duties of the Clerk of the Crown and Assize were to prepare
indictments, to keep record of challenges, and various other
functions peculiar to such officers of the Court. And now he
would ask their Lordships whether it would be prudent the
same individual should perform the duties of Crown
prosecutor. Unquestionably her Majesty's Govern-
ment were of opinion it was not. But then
came the recommendation of the Committee of 1840
to inquire into the grand jury laws of Ireland, which re-
commended that the clerkship of the crown and the
clerkship of the peace should be consolidated, on the
ground of economy. They recommended that the clerk
of the peace should, in addition to his present remuneration,
receive a third more than his present salary for performing his
duties of Clerk of the Crown. But then that would only
realise a salary of 6,000/. for the whole of Ireland. The
Clerk of the Crown would then be obliged to have a deputy
equally skilled with himself to assist in the performance of his
duties.