The Sun.
London, England, 1848-08-12 00:00:00

41111.
r e ben/M
414

LONDON, SATURDAY, AUGUST 12, 1843.

LATEST FROM IRELAND.

[BT ELECTRIC TELEGRAPH.]

DUBLIN, FRIDAY EVENING.

Richard O'Gorman, one of the insurrectionist
leaders, escaped yesterday from the Shannon, in a
vessel bound for America. A war-steamer has gone
in pursuit.
The jury in O'Doherty's case are locked up.

' What is to be done in Ireland, and for Ireland ?
It is difficult to conceive a question of deeper and
more vital importance than the above, not only to
our brethren at the other side of St. George's Channel
. but also to the English merchant, the English ma-
nufacturer, and more especially to the hard-working
and overtoiled English operative. Our sister king-
dom has passed through an ordeal of the utmost se-
verity. Every person connected with that country,
by property or by residence, has had his available
resources taxed to the utmost extent. The sole article of
food, on which three-fourths of the population had been
exclusively supported, was almost wholly destroyed
in the year 1846, and corn to the value of 30,000,0001.
sterling was necessarily imported into the British
dominions to supply the void thus occasioned. The
agricultural labourers and their families, who were
accustomed to rely on the produce of their potato
ground, were reduced to the lowest extremity
of misery and destitution, and notwithstand-
ing the gigantic exertions and the enormous
expenditure of the Government of the United
. Kingdom, and the large amount of contributions
received from private sources, thousands and tens of
thousands of the wretched peasantry perished of
starvation in its most aggravated form, while a still
larger number fell easy victims to the pestilence, in-
duced by the fearful condition to which the entire
country was reduced. Millions experienced suffer-
ings scarcely paralleled on any former occasion.
The most heartrending narratives of scarcity and
famine at other times were fully equalled, if not ex-
ceeded, by those of 1846-7. Who can without
shuddering reflect on the accounts that were
daily sent over from Skibbereen, from Ennis,
and from many other localities, the mere pe-
rusal of which excited the most lively emo-
tions, the most heartfelt commiseration, of
every person of ordinary humanity. Under these
deeply painful circumstances, England discharged
kes,duty in a manner which deservedly obtained the
approbation of all civilized nations. She unhesi-
tatingly flung herself into the breach. She strained
every nerve and taxed her mighty resources to the
utmost extent. She took upon herself the arduous
duty of supplying daily food to three millions of
persons ; and although her benevolent and bountiful
efforts were in too many instances requited with base
ingratitude, she relaxed not her humane exertions
until the intensity of the crisis had been
encountered, and the favourable harvest of
1847 enabled the Irish people to be fed from the pro-
duce of Irish lands, but continued to maintain those
by whom her Government and her people were
slandered and calumniated.
A heavy iprice was paid for the assistance thus
rendered. The luxury of doing good was not ob-
tained without considerable sacrifices. Our monetary
affairs were deranged, our trade and commerce
materially deteriorated, our merchants reduced from
affluence to the verge of bankruptcy, ahonied,eh voteuhrre,yroepwpe.eernraet-
tives deprived of the employment on w
themselves dependent. We did
not,
h
the course we pursued, although stillsufferingNhaedver ,be
fully
from its results. We would, however, hev
unable again, and before
recovered from the effects of our former
u
sets, to adopt a similar line of conduie h
ent the
eircruelmief
stances, too, are materially changed, since
works of 1847 were in operation. The poverty of
Ireland is now a legal charge upon its property, and
none can perish for want while any have a super-
:4lMS PAPLlflillty. Should we have a repetition of the potato
re, the burden will chiefly fall upon the landed
Lietary of Ireland, and how far are they prepared
in the weight that may thus be imposed upon

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3

them? We fear but badly; that, in fact, it could not
be effected without ample aid from this country—aid
which would not be afforded as a gratuitous
gift, but as a loan, the repayment of which
would scrupulously be exacted. Still, even
under such circumstances, it would materially
affect our own position, and if it comes on suddenly
will act with much greater severity. It is therefore
highly desirable that all the resources of Ireland,
more especially those that may be speedily made
available, should be called into operation ; that the
labour of the people should be directed into the most
beneficial channels, so as to afford reproductive em-
ployment in every practicable manner.
In one respect Ireland is more favourably cir-
cumstanced than it has been for many years past.
The abortive attempt at rebellion, which has been so
happily and so completely quelled, has put an end
to the baleful system of agitation that so long pre-
vailed, and frightened English enterprise and Eng-
lish capital from her shores. There is now a com-
plete lull ; we have the calm after the tempest,
and should Lord CLARENDON be spared to govern
Ireland with equal judgment and discretion to that
which he has exhibited since he was nominated its
chief ruler, we have no doubt of the result, or that
greater prosperity than it has long known will ere
long be witnessed throughout the whole of ,the
country.

The most recent accounts respecting the potato-
crop, although we hope and believe that they are in
many respects exaggerated, yet contain sufficiently
grave warning to induce us to set our house in order,
and to prepare for any failure that may take place,
however extensive, at such a period. The deep
sea and the coast fisheries are mines of wealth,
if properly worked, and that of the very kind which
would prove most beneficial. A valuable auxiliary
would be afforded in the fish that could be caught
and properly cured, if due means were only taken to
have those fisheries conducted in a judicious and effi-
cient manner. There is no investment of capital that
would yield more ample returns, regarding it as a
mere speculation, but there is also none that could be
of greater public benefit to both countries. The Irish
fisheries cannot be neglected in the present condition
of the country without subjecting all those who
might aid or assist in promoting the object
to grave and heavy censure. There are other
means also which will be found conducive to the
same great end of providing useful employment for
the people, to which we shall allude on a future oc-
casion, and amongst which, that suggested by, the
prospectus of the recently-formed "Irish Ameliora-
tion Society," occupies a prominent position. Most
sincerely do. we hope that the objects of that benevo-
lent and patriotic society may be fully carried out,
and more than realise the anticipations of its pro--
1 moters.

We shall shortly return to the consideration of the
measures that should be adopted in Ireland in prepa•
tion for the forthcoming winter.

We have repeatedly directed the public attention
to the defective and disgraceful state of our law in
respect to the administration of criminal justice. We
have advocated and pointed out the necessity for the

assimilation of the practice to that which prevails in
Scotland, by the appointment of a public pro-
secutor, whose duty it will be not only to carry on
and conduct all proper prosecutions, and to see that
the guilty shall not escape with impunity, but also to
interpose his veto, and to prevent any improper prose-
cutions from being carried on (as is now too fre-
quently the case) for the gratification of private ma-
lignity and revenge, or for the purpose of extortion,
oppression, or coercion. We have to the utmost of our
power endeavoured to expose the infamous system,
now of almost daily occurrence, of grand juries
finding bills of indictment on the most serious
charges, in the absence of the accused, without any
investigation in his presence, and without the oppor-
tunity being afforded to him of rebutting the vague
and insufficient testimony with which the members
of the grand inquest are too easily contented. Such
a system is generally carried on with the most Com-
plete success and impunity. The great majority of
the victims naturally feel the greatest objection to
expose themselves to the annoyance and heavy
expense of defending a criminal prosecution, al-
though they may have the clearest and

most triumphant defence to the trumpery and

unfounded charges that may be preferred.
Persons frequently submit to gross extortion,
or abandon a portion of their undoubted rights, as
the lesser evil. And thus it is that thousands of
cases of great hardship take place of which the public
never hear. It is in rare instances, when parties of
energy, resolution, and public spirit resist the atrocious
system, and at an enormous expense of money,
exertion, and mental anxiety, expose it in all its
iniquity and injustice, that the public attention is
properly directed to the subject. Persons thus
coming forward appear to us to be eminently en-
titled to the thanks and gratitude of the community
at large for pointing out the abuses and grievances
to which all are liable, and suggesting the reforms
and alterations in the administration of the law that
are so urgently required.
During the past week Lord BROUGHAM, whose ex-
traordinary exertions for the amelioration of the law
and practice of our criminal code are entitled to the
utmost praise, presented a petition from a gentleman
named HARDING, a member of the bar, which, if well
founded (and we see no reason to doubt its accuracy)
so strongly corroborates the views and opinions to
which we have from time to time given expression,
that we cannot refrain from again alluding to the
subject, and quoting it as an additional and powerful
illustration of the evils and abuses of the exist-
ing system. After stating " that the present
mode of proceeding before grand juries in criminal
matters, in finding bills of indictment upon ex parte
statements, and without any inquiry or investigation
in the presence of the accused, is contrary to the
first principles of the British Constitution, and is
inconsistent with the due liberty of the subject ;"
pointing out the vast inconvenience that may thereby
be occasioned to innocent persons, and the oppor-
tunities afforded for the gratification of private ma.
lignity and revenge, or for the purposes of extortion,
coercion, or vexation, and that many persons gain a
disreputable livelihood by preferring unwarranted
charges and afterwards abandoning them upon receiv.
ing sums of money from their victims, and showing that
even after the most searching examination before
magistrates who have dismissed the charges, pro-
nouncing them to be utterly untenable, bills have
been preferred, and found, without any notice to the
defendants, who have therefore been apprehended and
committed to prison—Mr. HARDING refers to a case
in which he was himself a party, and the circum-
stances of which, as set forth in his petition, he de-
clares himself able to prove upon the most indispu-
table evidence.

He states, " that having filed his bill in
the Court of Chancery, seeking to recover a
large sum due to him, and having obtained
an order of that Court in his favour, pro-
nounced after full argument by counsel on both
sides, the defendant in the suit endeavoured to in-
duce the petitioner to enter into a compromise, which
he believed to be injurious to his interests, and there-
formejected. That the defendant, therefore, con-
ceived the plan of coercing the petitioner into a
compromise, or abandonment of his claim, by means
of the facilities now afforded of making false and
unfounded charges before grand juries, and getting
bills of indictment framed in the absence of the
accused.
" That accordingly he trumped up two bills of in-
dictment against the petitioner upon absurd and un-
founded charges, went before the grand jury without
the knowledge of the petitioner, and upon an ex parte
and uncontradicted statement got the bills found as
true bills.
" That immediately afterwards the prosecutor, also
behind the petitioner's back, made an affidavit that
he had been informed (without even venturing to
state that he believed) that the petitioner was going
to the colonies, and thereupon obtained an order to
hold petitioner to bail in the heavy sum of 2,0001.,
although petitioner never thought of going to the
colonies or of leaving the country, which was well
known to the prosecutor."
The petition, after further detailing the great
annoyance and heavy expense to which the petitioner
was exposed before he could procure the necessary
fail,
he being almost a stranger in London, and also
that great intimidation was resorted to, to prevent
parties from becoming bound for him: at length

perfected his securities, and removed the cases
by certiorari into the Court of Queen's Bench,
where they came on for trial at the sittings of the
last Trinity Term, before special juries. The pro-
secutor, however, declined to offer any evidence
whatever in either case, and there were, of course,
verdicts of Not Guilty in favour of the petitioner.
It further states that " petitioner was put to an ex-
pense of several hundred pounds in defending such
vexatious prosecutions, which he is wholly unable to
recover, inasmuch as criminal prosecutions being car-
ried on nominally in the name of the Crown, no costs
can be recovered, and although petitioner might ob-
tain a verdict for damages against the prosecutor
for malicious prosecution, yet such would be
wholly useless, as the previous existing debt
due to petitioner by the prosecutor, is already much
more than he can discharge :" and adds, " That pe-
titioner is advised by eminent counsel, and believes
that if the alleged charges, the subject-matter of such
indictments, had been inquired into either by a ma-
gistrate, a public prosecutor, or any other proper
public officer, in the presence of petitioner, such al-
leged charges would have been at once dismissed, and
the petitioner would have been thereby saved the
enormous expense and inconvenience to which he has
been put."
Surely the mere possibility of the occurrence of
circumstances, such as those narrated in the above
petition, should be sufficient to insure the required
amendment in the practice, and to induce us, as Lord
BROUGHANI remarks, " to borrow from our Scottish
neighbours their invaluable institution of a public
prosecutor."