The Sun.
London, England, 1846-02-24 00:00:00

TRE 'AirN, LONDON, TUESDAY EVEN ING, FEBRUARI 24. 1846.

LITERATURE.
THE NEW TIMON. A Romance o London.
Part IIL

In s everal particulars there is much improvement in
this p 3rtion of our poetical romance ; it is not flawed
with t' hose churlish and unmannerly foot-notes which we
notified 2,5 soillsjuked in the preeedine. part. Besides
this very acceptable.. omission, the story in this, its con-
tinuation, is -developing" more 'passion and earnestness
here.tofore, the characters are less vague and more
like creatures with live nerves and throbbing pulses.
Of the lap guage in which the sentiments are clothed, we
can speak in sines of emphatic admiration ; is singularly
chaste and elegant ; it is choicely culled, and forcible
beyond 'expression. The ideas are pointed like steel
arrows, and glitter with epigrammatic smartness ;
while oo :asionally through the stream of couplets peeps
forth some quaint thought of the most. delicate and
statuesque beauty. In this manner, when mentioning
that ter4avest of love-scenes between Morvale and the
maiden. Lucy,- the anonymous pet 'starts off with a
dainty conceit—in truth, an exquisite conceit—as to the
birds that twittered within their adjacent avaries:—
a' Sole witnesses and fit—those airy things,
That, midst the bars, can still unfold the wings,
And soothe the eel with language learn'd above;
As the caged hip d—so on the earth is love 1"
A most etherial and subtle symbol is this I It accords
with our pre-conception of the God-origin of the master-
passion; it abstracts from it all particles of the "earth
earthiness" with which to more ignoble natures it is
ever tarnished. At the same moment it affords a suit-
able prelude to the more intense, and nevertheless the
more chastened, description of the lovers' happiness—a
description which loiters gently over the converse of
• their future,* as They conjecture its perspective
even " where the golden dimness veiled the gaze
".Till silence came, and the full sense and power
Of the blest Present,—the rich4a den hour
That overshadowed them, as some hushed tree
With mellow fruitage bending heavily,—
What time, beneath the tender glomn reclined,
Dies ors the lap of summer noon the wind !"
Nothing, in fact, saving possibly John Dryden's choicest
fanta sie; " •Cimon and Iphagenia," nothing—and we
utter this in-alt honesty and simplicity of heart—can
convey u more pure, a more lucent, a more spiritual
noSion.if a love interview than the one delineated in this
section of the " New Timon." There are no mawkish
efforts at the sentimentaleetherriTesio strained labour-
ings for the picturesque ; -it. Carries with it all the natu-
ralness of truth, and its -diction -seems to flow sponta-
neously. Even the• introduction.' has (to us at least) a
singular tone of fascination ; when,' immediately atter
the damsel has-finished chaunting• an -old romaunt about
a king that wooed a cottager, the bard ejaculates, as he
gazes in, itnagteation upon therlistening Morvale—
" How had the lay, as in a mirror, glass'd,
The sullen present and the joy!ess past,
Lock'd in the c'oister of that lovely soul !"
And afterwards, when describing the supremacy which
the young girl's face—so meek and childlike in its mo-
desty—exercised over the enamoured Indian, he ex-
claims—
" Lo ! as young Una'thrall'd the forest-king,
She leads the savage in her silken string ;
Plays with the strength to her in service shown,
And mounts with infant whim the woman's throne !"
Every one will surely trace in the peculiar glibness and
exactitude which each word tallies with, and enforces its
neighbour, throughout this romance of " London," is
very visible partiality, on the part of its author, cos
the mannerism—the epigram of narrative—which cha-
racterises the most admired and classical of our native
poets. Nor has our satirist manifested any feebleness
while treading in their foot-prints ; on the contrary,
some fragments are so richly mouded, and suffused
with such a genuine poetic bloom, that we are some-
times fain to regard this present poem as but the pre-
liminary chords of some fine symphony—as bu, the
vanguard of some vaster array of fancy. Whether that
symphony will ever be audible time and the writer of
the "New Timon" alone can testify. That there are
indications in this rhythmical romance of a richer sub-
stratum than is generally visible in a brocheur like the
present, take the following passage, descriptive of a
chamber filled with sculpture. To us it sounds like the
voice of Boccaccio.
"There, gleam the shapes in which, immortal, still,
Live the bright exiles from the Olympian Hill ;
still mooned Dian from the breathing stone
Haunts, with pure eyes, thy dreams, Endymion;
Still on the vast brow of the Father-god,
Hangs the hush'd thunder of the awful nod;
Still fair, as when on Ida's mountain seen,
By Troy's young shepherd, Beauty's bashful Queen;
Still Ind's divine lacchus laughing weaves
Ills crown of clustering grapes and glossy leaves;
Still thou, Arch-typo of Song,* whose task to soothe
The rest of Heroes, and with deathless youth
Crown the celestiafßrotherhood—dost hold,
Brinam'd with the drink of gods, the urn of gold I"
* Hebe.

These are peeps of deep reading, and signs of a
sincere relish in classic lore ; they show that the
beauties of the ancient mythology have penetrated
into.the heart's core of the writer. His epithets like-
wise, in conveying to the reader some of his most fan-
tastic notions, are remarkably apt and appropriate: thus,
when speaking of the insincerity which is so rife among
wordlings, he calls it " the bland hollowness of formal life !"
thus also, when alluding to the potency of kind words,
and looks, and tears, upon the human soul, he says
" they fade from joy to anodynes for grief 1"--aud again,
when speaking of the approach of night over a great
city, he exclaims—

"She comes, to keep
Beneath the stars her solemn tryst with sleep."

These undoubtedly are subordinate parts in a produc-
tion, Of this nature, nevertheless they are deserving of
mention as they materially enhance the merits of the
"New Timon:" flhey are details---but they are such
details as, to a summer landscape, are the dew-
'drops, and the hedge-flowers, and the green " grass-
stalks." After perusing Part 111., much of
the mystery which previously enveloped the
plot is cleared away, and the characters assume
a more recognisable relationship with each other. Mor-
vale's sullenness is nearly altogether scared away by a
fresh and exultant feeling, arising from his affection for
the outcast "Lucy"—their troth is mutually plighted
in the interview already mentioned. Lucy, in the
ardour of her happiness, unfolds to the Indian noble-
man the history of her misfortunes ; and, in displaying
a miniature of her father, shows to the astonished Morvale
the likeness of his friend, Lord Arden. With the usual
egotism (if it may b 3 so harshly termed) of love, the
Indian, in his turn, pours into the greedy ears of his
mistress an account of his own wretchedness ; and this
narrative forms one of the most vigorous passages in the
fiction. In a ball-room, his senses are startled by the
voice of some unseen person informing him of his sister's
dishonour—" blistering her name" with infamy, and
babbling the tidings among the dancers, until " from lip
to lip the dizzying slander flies," and he himself is half
delirious with having no head upon which to direct a
just retribution, until, in his own emphatic words,
_ _

" One felt, unseen, infection circling there,
A bodiless venom in die common air."

Calantha dies:—a victim it proves to Lucy's father:—
the perjured, the perfidious, the pernicious Arden. Fur-
ther of the story we are loath to divulge, as by so doing
re might weal#n the pleasure of many a reader. Of all the
siivat;ons in this " part"—the set•ne in the death-chamber
of Calantha is the most dramatic, the most enthralling,
and the most fraught with passion. Tee picture of
Lord Arden "fixed to stone" by the "horrid glamour"
of the Indian—the 'vengeance boiling like a hell within
the latter's bosom—the hour, the awful presence of the
corpse, and the dreary adjuncts of the spectacle, rouse
the reader's at'ention and are fixed upon his memory.
One outburst of grief and sentiment on the part of our
author is finely conceived: here it
"But oh! more awful than the living foe

That frown'd beside—the Dead that smiled below !
That smile which greets the shadow-peopled shore,
Which says to Sorrow—' Plou canst wound no more!'
'Which says to Love that would rejoin—' Await!'
That says to Wrong that would redeem—' Too late !'
That lingering halo of our closing skies
Cold with the sunset, never more to rise !"

Scarcely less excellent is " the iatetruption,"—the
girlish hand that stays the upraised dagger of Morvale,
and, in doing so, unconsciously protects her parent ; is
there not a virgin brightness about these four lines—are
they not lustrous with beauty ?

" Her airy clasp upon the murtherer's arm,
Her pure eves chaining with a solemn charm,
Like some blest thought of mercy, on a soul
Brooding on blood—the holy image stole !„
We could hardly do better than conciude our notice
with that simple extract, but that the justice of criticism
obliges us to cavil at one great blemish in the pre-
sent effusion. Its author cannot surely suppose us
to be in any manner prejudiced against him ; in•
deed, the po,itive terms of panegyric in which we
have conceived it to be our duty to particularise this, his
anonymous proddettuo, will, we feel assured, screen us
from such an imputation. We have endeavoured to
illustrate the merits of the "New Timon" by quotations,
and have accompanied those
quotations with cornmenta
ries.most eulogistic to the author, because we considered
him entitled to that recompense in all fairness. Never-
theless, as impartial critics, we could not close our ees
y
to whatever imperfections lurked among
those passages
p hick cause
—seeing the sunbeam we could not ba blind to the mote.
Our allusions are directed against
lu ders or oversights in the rythin
u
several verses to hobble most wretchedly. How, for ex_
ample, could any one, laying pretensions to a rigid taste
and a keen ear, be guilty of couplets so crippled and mal-
formed as these

" Not to the crowd in cold detail allow
Its delicate worship, its mysterious vow !

For the sick fragrance and the delicate ass
Which art calls forth by walling out the' skiasl"
They are essentially false and unmusical, and their de-
formity is so appbr, nt that we marvel at their being ad-
mitted to such good company. These, however, are
not solitary instances, but have " fellows" of a number
quite inexcusable. We- cannot induce ourselves to
consider this condemnation t.f ours as anythinf:.
at all bordering upon b:rpercriticism, since 4 com-
prises one of the chieks4 requisites of the divine art
—symmetery. 8et,193-which, no one---excepting always
(and reverentialli), Shelley—has ever attained last-
ing pnpularitY;'°.or indeed any share of real fame,
without a Orriet adherence to the rules of rhythm; or, as
e may ir,leed terra them, the rules of musical intona-
tion. -11? i the author of this "Romance of London,"
wew a
revognise Me ore—and, in speaking as we have done,
re only anxious to see it purified from alloys and
!unaided into just proportions.

,AILWAY SEDUCTION.—We regret to state tllat many
farmers, in vicinities where railroads are in the coarse of
being constructed, have suffered serious inconvenience during
the past winter in consee of leavin
their employment to work upon thosetheir lines, swexhichvants they areg tempted to do on account of their earning better wage: than
they can procure as farm servants. Several of these delin-
quents have been called to account for their conduct, and
have been very propefly committed to priwn as a Nyuning to
others.— Cumberland Paquet.

RAILWAY COMMITTEES.

(YESTERDAY.)

Sub-Committee No. 2, Clo:stern ti

DIRECT LONDON AND MANCHESTER.

(Continued from our Afternoon Edition of yesterday.)
There were several allegations which were not sustained.
It was also alleged that in No. 27, on the plan deposited with the
clerks of the peace of the respective counties through Which the line
was to pass, the limit of deviation in the parish of Bowden,
differed from that of the plan deposited in the Private Bill-office.
Evidence was produced in support of this allegation, which the Com-
mittee considered to be sustained. There was a similar allegation
with respect to certain inclosures in the above parish, which was not
sustained.
The next allegation was, that in the plans deposited with the
clerks of the peace, West Langton and East Langton Were marked
as different pas ishes, while in the plan deposited In the Private Bill-
office they were marked as one township in Langton.
The Committee fbund that the Standing orders had not been com-
plied with in this instarret.
It was also alleged that there was an inaccuracy in the same parish
with respect to certain hiclosures which were marked No. 10 in the
plans deposited with the clerks of the peace, and iu the plan
deposited in tho Private Bill-office were marked No. 11.
Evidencq was adduced in support of this allegation, which the
Comm ,tee found to 133 sustained
It was also alleged that the property marked in the plan in the
Private Bill-office No. 41 was inaccurately marked.
The Committee found that in this intance the standing orders had

been complied with.
There was a similar allegation with respect to the parish marked
No. 28 in the plan deposited in the Private Bill-office, which the
Committee found to be proved.
It was alleged that the property in the county of Derby, marked in
_ .

he plan deposited in the Private Bill-office Dios. 72, 73, 74, 75, 76,
7, and 78, had been omitted ix the plan deposited with the clerk of
the peace for Derby,
Mr. W. Afarsden, Clerk of the Peace for Derby, and Mr. Hunter,
were examined in support of the allegation, which the Committee
found to be sustained.
There were several similar allegations, which were admitted, on
the part of the promoters.
_ _

The petition next alleged that 68 A., marked on the plan in the
private Bill-office, was not so marked in the plan deposited with the
Clerk of the Peace for Derb% , which was sustained.
The CLIALRMAN said that the Committee would not proceed fur-
ther to-day, but would resume the hearing of this case to-morrow.
The Committee hen adjourned till twelve o'clock to-marrow.

Sub-Committee No. 4.
WEAR DOCK. RAILWAY.

(Continued from oar Afternoon Edition of yesterday.)

In respect to the next allegation, which referred to an omission of
a certain word in a copy of a notice, it was admitted that the stand-
ing orders were not complied with, but the omission was attri-
buted to the haste with which the plans were prepared.
The Committee expressed their intention of reporting that the
standing orders were not complied with.
HUNTINGDON AND NVISIDZACH.
➢ir. COATES applied, on the part of the promoters of the line, to
postpone the case sine die. He said that the Bill was at present be-
fore the Standing Orders' Committee of the House of Lords, in which
House they intended to commence the Bill. They did not wish,
therefore, to go the expense of passing the Bill through this House
until they should have passed it through the Upper House.
On the part of the petitioners against the line, it was represented
that they had gone to great expanse to bring their witnesses to Lon-
don, and that the postponement would put them to still greater and
unnecessary expense. The promoters of the Bill ought to have given
notice of their intention to apply for a postponement.
Mr. CoATEs said that this Bill was not added to the list of this
Committee until Friday last

After a long discussion, in the course of which the CHAIRMAN
observed that the promoters ought to indemnify the opponents for
any expense attendant upon the postponement, which might have
been prevented by a notice given on Friday evening or Saturday
morning; and
Mr. COATES saying he was willing to make any reasonable com-
pensation,
The CHAIRMAN suggested that an arrangement might privately be
made between the parties.
This suggestion was ultimately adopted, and the opposition to the
.postponement withdrawn.
DONCASTER, WAKEFIELD, AND LEEDS.

This was a Bill to form a line with branches in connexion with
the London and York, there being several other Bills (already before
the House) forming part of the same scheme. The length of the line
is thirty-one miles, and the required capital 660,0001. Mr. Cubitt is
the engineer, and Messrs. Dyson, Hall, and Co., are the Parliamen-
tary agents.
Messrs. Balmer and Durnford appeared as agents for Joseph
Clarkson and James Goldthorpe, petitioners Sgainst the line.
The first allegation of the petition was, that certain figures were
omitted in a section of a turnpike-Mad marked No. 83. It was ad-
mitted that in this respect the standing orders were not complied
with.

The nest allegation, on which, it was stated, severa
Ethers depended, was that the property of the petitioner, Josepl
Clarkson, part of which was -within the limits of deviation, was no.
marked upon the plan, and was not mentioned in the book of refer.
ence.

It appeared that the property in question was lot
included in the limits of deviation as marked on the
plan, but that in this respect the limits were incorrectly marked.
The CHAIRMAN said, that the statement that the property w
within the limits of deviation was disproved, inasmuch as it was not
within the limits as marked on the plans, and it was clear
that the Company could not touch any part of the
petitioner's property, as it was not mentioned in the
books of reference. If the objection had been that
the limits of deviation were not correctly marked, it might have
been entertained, but as it was, the allegation was not proved.
The other members of the Committee were of a similar opinion.
IKUNTINGDON AND IIVISBECH.
The parties for and againEt this Dill not having made any agree-
ment, an application was made, on the part of the opponents, to have
the case postponed to Thursday next.
The CHAIRMAN said that he thought it very reasonable that the
promoters of the Bill should have it postponed sine die, in order that
if they failed in the House of Lords they might not incur the cxtra
expense of passing through this House. At the same time he thought
that the opponents ought to be compensated for the expense to
which they had been put by the postponement.
The case was accordingly adjourned sine die, and the Committee
then rose about half.past three o'clock.

HOUSE OF LORDS
RAILWAY (IRISH) COMMITTEES.
Lords Shaftesbury, Redesdale, and other Peers, sat this day in No. 1
Committee-room, as a committee on standing orders.
The lines brought before their Lordships w are the Great Munster,
57 miles in length, estimated cost 580,000/. ; the Bandon and Bantry,
51 miles, estimated cost 550,0001. ; and the Olt, Macroom, and
Killarney, 23 miles, estimated cost 160,0001., all of which were de-
clared to have complied with the standing orders.
The Parliamentary agents for the three lines are Messrs. Webster
and the engineers Messrs. Leahy, and Cook.
The following Companies were declared to have complied with
the standing orders, and to have passed :—lrish Great 'Western,
Dublin and Enniskillen, Londonderry and Enniskillen, and the Gal-
way and Kilkenny.
The Great County Down Railway Company, having been declared
not to have complied with the standing orders, has been thrown out.

LAW INTELLIGENCE.

COURT OF EXCHEQUER, Feb. 23.

(London Sittings at Nisi Prins, before the Lord CHIEF Minor and a
Special Jury.)
BREACH OF PROMISE OF MARRIAGE.
GOLDICUTT V. BEAGIN.

This was an action to-i;;;;;I compensation in damages for an
alleged breach of defendant's promise to marry the plaintiff.
The defendant pleaded that he had made no such promise—that he
had never been asked to marry the young lady—that a reasonable
time had not elapsed from the time the courtship commenced till the
time the action was brought, and that if such promise had bee'
made, the plaintiff had wholly absolved him from his engagement.
Mr. Watson and Mr. Gunning appeared for the plaintiff, and Ser-
geant Talfourd and Mr. Conde for the defendant.

Mr. WATSON stated the case. The plaintiff was the daughter of
a gentleman who had been an officer in the army, and at the time
when the circumstances which led to the present action took place
was employed as a governess. The defendant was a stock-jobber,
and had been formerly a clerk to the gentleman in whose house the
young lady was governess. The facts of the case will be best gathered
from the evidence of the following witnesses :

Mr. K. Plimton said that he was a member of the Stock Exchange,
and resided at Maida-vale. lie knew the plaintiff. She would be
nineteen years of age next June, and hid been in his family as
governess since September, 1+444. She was an amiable and accom-
plished young lady. The defendant was a stock-jobber on the Corn
Exchange. Defendant had frequently visited at witness's house.
Defendant spoke to witness on the 23d of June, and told him he was
greatly attracted by the charms of Miss Goldicutt, and that it would
be his greatest happiness to marry her. Witness told him that
this was a serious step for him to take, and told him to con-
sider well of it, and at the same time said that he could
not allow his visits at his house to be continued without
an introduction to the young lady's friends. An interview accord-
ingly took place with Captain ;Goldicutt, the young lady 's father,

to whom witness introduced defendant, and stated that
defendant was worth 1,0001. Defendant was then twenty-six years
of age. Defendant was afterwards considered as Miss Goldicutt's
accepted suitor. In process of time defendant took a house at
Stranraer-place, at a rent of 75/ , on tile understanding that the
marriage would take place. A disagreement afterwards arose be-
tween plaintiff and defendant, in consequence of which defendant
desired to break off the acquaintance with the young lady.
Witness saw Mr:Beagire the next morning alter this occurred at his
office, and a warm altercation ensued. Witness upbraided him with
want of principle, and defendant asked him if Miss Goldicutt had
sent him any message. He (defendant) again stated that he had been
led into it (meaning the acquaintance). That was a favourite
expression of his. Among other things, witness remarked
that plaintiff's friends had been put to considerable -expense
for dresses, in expectation of the marriage. Witness believed
that everything but the table-linen had been purchased. Witness
communicated the result of the interview to Mr. Goldicutt. 'Witness
11 el such confidence in defendant that he lent him 3,0001. and 2,0001.,
both of which stuns had been since repaid. Witness was present at
an interview with defendant and plaintiff's faintly after the 27th
August. Mr. Goldicutt then said to defendant—" I ask you, sir,
do you intend to fulfil your engagement with my daughter`?"
Defendant replied, " that he did not " Mr. Goldicutt then asked
defendant if he had anything against his daughter's conduct to
justify him in adopting such a course? Defendant replied that he
had not.
Cross-examined—There was a pod deal of fluctuation in wit-
ness's business. Defendant and witness had jobbed together.
Defendant had been in the habit of coming to witness's house during
the time of the courtship. When witness first saw him on the
25th of August it was in the dining-room. Witness was quite sure
that he did not remonstrate with him on the subject of courting the
young lady without having the means to support her. He did re-
monstrate with him on taking the house, or bringing matters to such
a pass, when he had only 300/. or 400/. afterwards. He knew, as
defendant had stated, that defendant had a considerable loss (about
1,2001.), Li the course of the summer. The defendant did not say
that he was ready to proceed with or to decline the business alto-
gether. The altercation might last for an hour and a half. Witness
would swear that defendant never expressed a wish or a readi-
ness to go on with tke engagement. Witness and defendant met
next morning and witness desired them to go into his office. The
message which Miss Goldicutt sent was that if what defendant saiu
as to the state of his affairs was true there could be no happiness to
them when married. In the interview which subsequently took
place with Mr. Goldicutt no reference was made to that message.
That was on the 27th August. Witness did not know that the action
was commenced on the 6th September. Witness dil not say that
he would spend 5001. in bringing an action against defendant for his
conduct.

Re-examined by Mr. IVATsoN—The lady was much depressed
about that time (the 25th August), and the family were much dis-
tressed since. There was nothing to lead him to t dim that the
lady desired to break oft the match.

Captain Goldicutt, the lather of the young lady, Was then
examined —He had been captain in the. 60th Riffles,
but was now retired from the army. Had retired illom
the army in 1826, and had been engaged in mercantile holiness since.
Was now secretary to an insurance eorttpauy, lie recollected his
daughter going as governess into Mr, Plimton's family. On the 25th
June last a communication NvilS made to hint by Mr. Plimton about
defendant. The account given by Mr. Plimton was correct,
he believed, in every particular, and he had, In conse-
nence, had no (fojection to the defendant paying his ad-
dresses to If.. daughter. He knew that his daughter made pre-
a c°.l.. for her marriage with defendant. Ile went himself to the
at twel o'c'l?lcllie,againt.
_: reuse of about fifty preliminary arrangements. On the 26th
kw,inst, In consequence f a communication made to him relative to
dwefelVereltrbreaking off the match, he went to the Stock Exchange
Beagin'ssister). e-1S; saw
Defendant appointed to meet him
defendant declined tett
,gin'sr, an the house of defendant's brother-in-law,
into arm wh'etrt"neY• When witness called there he was shown
of his brother-It have
Mr. neagin, Mr. Ward; and his wife (Mr.
liessa wished to speak with him alone, but
any interview with him, but in the pre-
sencewould have no
01- aw and sister. Seeing, therefore, that he
. witness then said to him,
but under such oglartritY of speaking to defendant
" -I (-I.`::(nand to know vrhetheranyer
with my daughter ?" Defendantl.'slaniClen'c.l l'i
fulffi
nattily not." Witness
ycur engagement
then asked If he had any imputation
astokc'eaasthCilit,ethhughter's conduct.
He replied that he had not. Witness
lossct, so as to Induce him to come to such a deteal
fciidant replied sustained any
that he had, but that he had recovered determination.
Wit-
nessl)c-
-then retired. Defendant's tone throughout was abrupt and noY
and insultin...
to himself and
gentlemanly. Witness went that evening to Mr. Plimton's residence-,
in the hackney-road, when ho again had an interview with de-
whoSe den,iacsanaogurreNait'assonuirocset
oifingaeunntol3e,manacnol
The whole matter w
fendant,
family, as well as to his daughter.
Sir. Brooks v,-as examined
to prove that the house was taken in
expectation of the marriage taking place.
on the Stock Exchange, was ac-
quaintedrendant
Mr. Sewell, a stock-broker
good credit on the Stock
de
with • . In
who was
Exchange. an order to furnish the house,
Mr. Baker, an upholsterer, received
t, which order was counter-
In question, about the 16th of Augusf
owiin
by Mr. Beagin per-
manded, on the Ist of September 01l .
sonally. ,
This closed the case for the plaintiff.
jury for the defence. He
Mr. Sergeant TALFOIIRD addressed the
denied that it was a case of that description which presented any
of those features which justified the plaintiff in bringing an action to.
I throw any
tis o
recover compensation In damages. He did nob theconsidered that
imputations on the conduct of the young lady,
if she and her friends had not been Kr precipitate matters would have
eome to a far different termLuation. He concluded a lengthened ad-
-

dress by saying that the prospects in life of the young lady had riot
been blighted, and that sho had really SttAtttined no injury which
Wonld justify ajar), in a*aiding her damages.
the Cittar BARON briefly summed up, and, after explaining the
law of the question, adverted to the principal points of the evidence,
which we have already given.
The jury, after a short consultation, returned a verdict for the
plaintiff—Damages, 3001.

IMPERIAL PARLIAMENT.
HOUSE OF LORDS, Monday, Feb. 23.
Their Lordships assembled at Five o'clock.
NEW HOUSES OF PARLIAMENT.

The Duke of BUCCLEUCH laid on the table certain re-
turns relative to the new Houses of Parliament.
GAUGE COMMISSION.

Lord KINNAIRD said, that in consequence of the very
important measure coming before the House that night, he
would, with their Lordship? permission, postpone the question
of which notice had been given relative to the Gauge Com-
mission.

PROTECTION OF LIFE (IRELAND) RILL.
Earl ST. GERMANS then rose to move the second read-
ing of the above Bill, and said—My Lords, the Bill which I
have now to bring under the consideration of your Lordships'
House is one which only the necessity of the case could justify
the Government in asking, or your Lordships in adopting. That
necessity seems to have arisen now. The Bill proposes to invest
the Executive Government of Ireland with powers which no
existing law invests them with, and which only existing
circumstances justify them in requiring at your hands.
My Lords, it is a matter of fact that the crimes of murder and
assault have of late become very common in Ireland, but I do
not think I should be justified in asking your Lordships to assent
to a measure of the sort which I have to submit to you
without laving before you grounds for my motion.—( Hear
hear.) I - am bound to take nothing for granted—
( Hear, hear)—nor assume that your Lordships are
cogn cant of the facts, and, therefore, although 1
am about to occupy the attention of your Lordships
with reading reports and returns which I have in my posession,
still I think when your Lordships consider the importance of
this treasure you will be disposed to accord to
me that indulgence and patience for which I shall
ask. My Lords, I find that the returns which I
hold in my hands contain an account of all the offences that
have been committed in Ireland for the last two years—
I mean of the offences that have been reported to Go-
vernment by the constabulary. Your Lordships arc no
doubt aware that it is the practice for every
constable in Ireland to make a return of the different offences
committed within his district to the general station. These
offences are classified in the following manner—" Offencesagainst
the person," "offences against property," and " offences against
the public peace." My Lords, in the year 1844, 44 homicides
were committed ; in the last year, 137 ; aggravated assaults,
504 ; in the present year, 544 ; assault with injury to life,
251; in the present year, 342. I new turn to offences against
property. In 1844 the number of robberies of arms
was 159; in the present year it has increased to 551 ;
appearing armed, 79; in the present year, 89. Administer-
ing unlawful oaths, 58; in the present year, 223. Threat-
ening notices, or letters, 362; in the present year
it has amounted to the fearful extent of I,944.—(Hear. )
Cases of fire in dwelling -houses last year, 77; in the present year,
138. This makes a total of this class of offences in the last
year of 1,495, and in the present year of 3,462. And, in-
cluding every class of offence—crimes against the person,
against property, and of a public character, the number of crimes
were for last year 3,102, and in the present year 5,281. It will
be, however, consolatory for your Lordships to know that the
statement shows that in eighteen counties crime has diminished;
in four counties it has been stationary ; and in only ten counties
has an increase taken place. Those ten counties are Cavan,
Fermanagh, King's County, Longford, Westmeath, Clare,
Roscommon, Limerick, Tipperary, and Wicklow. In Cavan
the number of crimes is, in last year, 109 ; in the
present year, 257. This includes all the three
classes of offences. In Fermanagh, in last year, 80 ; in
the present year, 166. In King's County last year, 226; in
the present year, 301. In the county of Longford last year,
205 ; in the present year, 772. In the county of Westmeath
last year, 163; in the present year, 313. In the county of
Clare, 275; in the present year, 327. In the county of Ros-
common last year, 264 ; in the present year, 716. In the county
of Limerick, 321 ; in the present year, 416. In the county
of Tipperary 908; in the present year, 992; and in Wicklow,
the number for which was last year 228, is this year the enor-
mous number of 992. Having made this statement of the
amount of crime, it will be my painful duty to call your atten-
ion to some particulars in these returns ; and in the first place
I will call your attention to some remarkable cases
of homicide and outrage that have taken place
during the last year, from which you will be en-
abled to form a judgment of the causes of these
offences and the nature of the remedy that may be reqeired.
(The Noble Lord here read two extracts from the documents
before him, giving in detail accounts of two murders, accom-
panied with great outrage, which had taken place in the
early period of last year in the county of Limerick.)
Having given these cases, I will, said the
Noble Lord, proceed to the county of Kildare.
I shall call your Lordships' attention to another murder which
took place on the sth October, in Kildare, of a gentleman who,
while returning home, was shot dead on the high
road, in his own gig. The next case to which
I shall call your Lordships' attention is that of a
gentleman's steward who, whilst retiring to, rest, there being
no blinds to the windows, was fired at, and on the next day
he died of his wounds. This occurred on the 6th October,
in the county of Tipperary. In the county of Limerick
Thomas M'Nevin was served with a notice, that if he did not
comply with certain instructions he would meet with the
punishment which his non-compliance would deserve. In
a few days after receiving this notice he was found one
morning dead by the road- side. In the county of Roscommon
Michael Shea was returning home with oats, which he had
purchased at a sale, and was so violently assaulted that he only
survived three days. I shall next proceed with the county of
Tipperary, where, on the 2d of October, three men visited the
house of Michael Quill; not finding him at home, they pro-
ceeded to the house of his next door neighbour, and assaulted
him so violently that be died the next morning. My Lords,
this proves the feeling that exists, because those marauders did
not find the object of their attack, and went to the next door
and visited the punishment intended for another on its unfor-
tunate inmate. To this I direct your Lordships' particular
attention as it shows the effect of the condition of the people.
I shall now call your Lordships' attention to the Mining Com-
pany of Ireland, who were obliged to suspend their works from
the 20th September, in consequence of the notices which
were served on their stewards, threatening them with
death if they did not comply with certain conditions.
Now this board employed a large number of men, and because
of their refusal to accede to the wishes of these people, they
were obliged to atop their works and desist from car-
rying on their business. Another case of outrage was
committed on a man of the name of Kearney,
whose only crime appeared to be the faithful manner
in which he discharged the duties of his employment. In the
county of Armagh, also, it appeared that a party who called
themselves " Molly Maguires," were carrying on the same sys-
tem of outrages. They had entered a house there, had beaten
the inmates very severely, and when they had committed this
outrage, they pulled down the house, and as they
went away fired several shots into it. The writer added, that
if some remedial measures were not taken to check these out-
rages, there would be no safety for life or property, and no hope
for the well-disposed unless they joined the "Molly
Maguire" party. In the conty of Clare, also, on the
9th of January last, at half-past nine in the evening,
some armed men, with their faces blackened, entered
the house of a farmer of the name of Murphy, cem-
menced beating him in the most dreadful manner, and
only left off when they thought he was dead.
His Lordship then proceeded to read an account of an attack
which had been made upon an old lady upwards of eighty years
of age. the was ordered by these ruffians to discharge two of
her men. It seems that these two men, who had lived a num-
ber of years in her service, had been intimidated before;
one of them had been most brutally attacked while at
his supper and been left for dead. This account was written
not so much with a view to show the injury which had been
inflicted, but in proof of the cowardly conduct of those
ruffians, and the perseverance with which they follow up their
designs. He then referred to another very striking case—the
ease of a person, who with his family, were attacked
in their own dwelling-house. These ruffians, twelve in num-
ber, attacked him while in bed, and inflicted some very severe
blows with the butt-end of a gun upon his head. His son,
hearing the uproar, proceeded from an adjoining room to the
room from whence the noise came. He, too, was attacked; and,
in addition to the brutal treatment towards his father, they fired a
pistol at him, the ball of which struck the wall in the rear, a.ad
after breaking all the panes of glass in the house, arid doing all
the damage possible, they Went away. Not one member of the
family, however, gave any information to the police ens the
subject, though it is believed that had they done so they would
.hive succeeded in effecting a capture of the gang. Such
is the system of terror prevalent in this district, that
not a person dares to give any information of these
atrocious acts.—( Hear.) His Lordship next alluded to the
case of homicides. A person of the name of Ryan voluntarily
resigned the half of his farm, alleging as his reason for doing
so his inability to work the whole farm. Ile ma'!e no secret
of the matter, and while on his way to the proprietor he was
assailed by two men, taken from his horse, his head was frac-
tured, but not the least effort was made to identify the ruffians.
The next case was one which had taken place in the county of
Cavan, where Mr. M'Leod, one of the resident magistracy, had
been murdered. Mr. M'Leod had began his career, and earned
for himself a distinguished reputation, in her Majesty's army.
He was appointed by the Government of which the
Noble Lord opposite (the Marquis of Normanby) was
a member, and he had the entire confidence of the
Irish Government ; he was employed for upwards of twenty
years in Tipperary, where he conciliated the regard, the good-
will, and the well wishes of all in the cinnty. It was thought
proper to remove him to a more peaceful county, and he was
transferred to Fermanagh, from whence, when disturbances
again broke out, he was dispatched as one of the moat effi-
cient, one of the most moderate, and one of the most
trustworthy officers in her Majesty's service. This is the
manner of his death. Towards the close of November, 1841,
disturbances being numerous in Cavan, the magistrates applied
for an increase of the police force and an addition to the
pendiary magistracy. Mr. M'Leod was in consequence sent
to the disturbed locality. On the day before stated he hat
been dining with W. Piercy, Esq., and had set out on
his return to his own quarters; he found Mr. Piercy's gate
shut, and he was in the act of desiring the driver of his car to
of en it, when he was shot from bellind. There was a light in
the ledge window, and it is believed that the assassin had taken
a decided aim at his unfortunate victim. It is a certain fact
that notice of the murder was posted at Enniskillen two days
before it was perpetrated. As some of the circumstances
strongly implicated the gatekeeper, he was one of those
taken into custody, but after a long and patient in-
vestigation, the evidence not having been conclusive, they were
liberated en bail. Different motives were assigned for this
murder, but nothing certain was known upon the subject.
The next case was one in which a man named Patrick Smith
was murdered on the 17th of April. He had to give evidence
in a civil bill case ; some threatening expressions were used
towards him by those who were chiefly interested in
the case. He was finally murdered to prevent his
giv.ng any evidence. The next case was the murder
of John Walker, who was murdered on the 4th May. He was
in the employ of Henry Gowan, Esq., of the county of
Tipperary, and as he was returning, he was shot dead, within a
few miles of his home by a man named Corri-
gan, who was likely to impeach him.—( Hear, hear. )
Corrigan was taken into custody, and the examinations
taken, but sufficient evidence to convict was not forthcoming,
and he was liberated. On May 14, James Gallaghar, of the
county of Cavan, was similarly disposed, of whilst collecting
arhe
aaroid,pae,
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the oas
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assassinated
nhw aeient tefgeo nr information
nawt
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dark,i lyt: Mr. Henry,
or aHusalLsednaidis
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marctehye spoke a single
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letterthat shy
is s
man, and he says, " I have now to inform
mother of Gallaghar, a strong healthy woman, aged fiftye
years, was so shocked at the murder of her son, that she
scarcely spoke one w ord afterwards." I think it is impossible to
conceive a series of horrors greater than is contained its those
statements.. I could quote many more cases of a similar nature
but, my Lords, I think these
_are sufficient to induce you to

give yoiir support to thii measure. I did not wish to harrow
your feelings by statements of this kind ; but I did
think it my dui 7 to state them. ( Hear, hear.)
My Lords, I beg your Lordships' indulgence whilst I quote to
you a very recent instance of a similar kind. This happened
in January, 1846. There is another case, but the name of the
parties I do not wish to transpire, in which a midnight outrage
was eommitted. The guilty authors of the outrage were re-
cognised at the time by the wife and the eldest son of the ag •
grieved party ; but they were prevented denouncing the authors
of it from terror. They state that such is the state of feeling
that they dare not give the criminals up, and remain in
the country. They intend giving them up, but before they
do se, they must sell their farm, stock, and produce; else, were
they to. make a public denouncement of the guilty parties, no
one would become purchasers.—(Hear.) I could name forty
or fifty other cases of a similar character, showing the impossi-
bility ef justice overtaking these midnight depredators. Among
others, there is one to which I would particularly call your
attention. It is a recent outrage, arising from the search after
arms in the county of Tipperary. Five armed men entered
the house of a person who farms about 70 or 80 acres of land.
This was on Friday evening, and the superintendent of police
hearing of it, he came over to the place on the follow-
ing Monday to make inquiries. Mr. Morgan, the super-
intendent, with a police force, went in pursuit of . the
men, led by the information derived from the family of Mr.
Murray, the party whose house had been broken into. Four
of the men were arrested at Roserea, and lodged in pri-
son. Biddy Murray was taken under an escort to Ros-
crea to give evidence *against them, but on the way she
was followed by her uncle, who shouted out to her
never to become an informer. The result was, that
the girl refused to give evidence against the men, and denied
she knew them, though she had told Mr. Morgan she knew
them well enough. This document was signed by Messrs.
Prittie, Birch, and Jackson, three gentlemen of unimpeach-
able respectability. It is dated the sth of December, 1845,
and fully illustrates the state of things at that time. The
next case occurred at the works of the Shannon, which
is very similar to the one I have already quoted
respecting the colonies. It occurred no later than the 18th of
February ; and it would appear that between eleven and twelve
o'clock of the night of that day the patrol was fired at by a man
whom they succeeded in arresting, but they were after-
wards attacked by his confederates, who were all
armed, and who amounted h number to fifteen.
On the party coming to his aid they immediately fired at the
sub-constables, and one was struck with a bullet or slug on the
temple, while a ball passed through the coat of another. The
at tacking party consisted of several men ; but, owing to the dark-
ness of the night, the officer in command thought his life and
those of his men endangered, and went into a house close by,
where they remained for the night. Mr. Burke and Mr. Rus-
sell, two magistrates, immediately attended on being sent for,
and with the police scoured the neighbourhoood, but did not
capture any of the party. The police fired several rounds,
of ammunition and a pistol was found in the place where the
attack occurred, and three men were next day arrested who
were looked upon as the leaders of this party. One man
named Cusheen had thirty bullets on his person, and a woman
in a house adjoining the place of attack became so alarmed that
her life was in danger. " No circumstance occurred for a long
time which, in my opinion, tends more to improve the peace
of the country than this occurrence," writes the chief consta-
ble, " as it evinces such determination on the part of the pelice
to put down outrages, for the people will have a confidence
in their vigilance and success in putting down every description
sf outrages." He also adds that the conduct and bravery of
the police were beyond all praise. I menti in these facts
to show your Lordships the extent to which crime and daring
are now carried on in Ireland. My Lords, I think your Lord-
ships will have remarked that a very great proportion of these
crimes are committed by bands of armed men, bound together
by secret associations for the purpose of intimidating the
peaceable portion of her Majesty's subjects. In the list of
137 homicides, your Lordships will be, I am sure, surprised to
learn that only five were committed on the persons of gentlemen.
The greater number of these outrages were committed on
small farmers. The house of a gentleman might be truly said
to be his castle. He was well armed himself, and the servants
in his employ were also- well armed, so that it seldom
happened that his house was attacked. Your Lordships may
therefore observe what the position of a small farmer
must he under these circumstances. The fact of his being in
the employment of a farmer, who was obnoxious to these mid-
night legislators, was sufficient to provoke their indignation,
and whenever they chose to carry their diabolical intentions
into effect, —mark the consequences. His door, which
was but very insufficiently secured, was forced open,
a band of those midnight assassins dragged him from
his bed, and either murdered, or maimed, or mu-
tilated him in the presence of his wife. There was
not the least exaggeration in this statement. The details
which he had read bore ample and melancholy testimony to its
truth. If the unfortunate victim also of these outrages was
rendered incapable of labour and his life almost jeopardised,
he dared not come forward to give evidence so as to convict
the assassins of the outrage. 1 say, then, my Lords,
that this is emphatically a measure for the better pro-
tection of life and limbs in Ireland. The laws
which at present exist for that purpose are not
sufficient to afford that protection, and I will show that every
exertion has been made to render them as efficient as possible.
The number of police-constables was at present very limited,
and exceeded by very little the number that was employed in
1835. (The Noble Earl then read a comparative state-
ment of the number of constables which were em-
ployed in the disturbed counties in 1835, and at
present, which showed a small increase at the present time.)
There has been an increase in the number of stipendiary ma •
gistrates. All has, however been in vain, and we are now
compelled to apply to Government for extraordinary powers to
protect life, and thus to give to life that security which alone
can make it valuahle. Your Lordships will find that the powers
which we seek in this Bill will not violate the principles of the
Constitution. Your Lordships will see by the first clause that
power is sought to make a proclamation in the district, or
such barony, or part, or parish in which the murder has
been commttted, and also to enable the Lord Lieutenant
to send into such district any force of the constabulary
as he may think fit—the whole expense of such
to be borne by the inhabitants of the said district. The next
clause is of great importance ; it is of such a na-
ture that it would not be justifiable, except in such ex-
treme cases as the present. The victims of these outrages in
Ireland are for the most part of the poorer and humbler
classes, and it has also been noticed that these outrages
are committed in the night ; armed men do not patrol
the country except at night. I have, also. every reason to be-
lieve that these murders and outrages are deliberated upon by
persons assembling in public-houses during the night. I
therefore propose, under these particular circumstances, that
the power should be vested in the Executive of Ireland, which
is Fought by this second clause. There is a pro-
vision in the Bill, as your Lordships will see, to enable
the Lord Lieutenant to withdraw, er revoke, that portion of
the proclamation which relates to that particular provision
alluded to by the second clause. The next clause of any im•
portance to which I shall call your Lordships' attention is one
which enables the Lord Lieutenant to order certain sums of
money to be paid (as I can hardly call it compensation) to the
relations of the murdered party. This is not altogether a
principle unknown to the laws of this country. Independently
of the grief caused by the death of the head of the family,
his relations are reduced to the greatest amount of privation
and distress. I should, therefore, propose to take power in
this Bill to levy upon the district in which these murders
should be committed a certain sum of money, to be applied to
the maintenance and relief of those who are undergoing this
state of distress. I do net propose to discuss in detail
the clauses of this measure. Your Lordships will observe
that there is a clause in this Bill to the effect, that the assess-
ment 4 are to be levied according to the poor-law valuation,
and that no individual, however small the amount at which he
may be rated, shall be exempt from the payment of
this rate, and that he should not be allowed
to deduct from his rent any amount of rate so levied.
Another clause is one authorising the justices to examine into
public-houses where it may be supposed these associations are
in the habit of meeting. Your Lordships will observe that
this does not apply to private houses. The concealing of fire-arms
in the disturbed districts is to be considered a misdemeanour,
and is to be tried at quarter-sessions or assizes. Your Lordships
will observe that there is no now tribunal constituted; trial by
jury is preserved, and the mode of cenducting criminal pro-
ceedings is in no way altered. There is one thing, however, I
wish to call your Lord-hips attention to particularly, I mean
the securing from intimidation those persons who have to give
evidence on those trials. I do not, however, think it necessary
to say more on the subject of this Bill, because ample oppor-
tunity will be given to your Lordships to urge any objections
against it, and I may assure you that her Majesty's Govern-
ment will give these objections their fullest and fairest consi-
deration. I know that, with regard to the cause and
origin of these disturbances, various opinions are
entertained. Some contend that they are all to be
attributed to political grievances. It appears to me, however,
that one simple fact that I have related in the course of the
ob-ervations I have made is sufficiently demonstrative of the futi-
lity of this opinion ; I have stated that in eighteen counties of
Ireland crime has actually diminished. Now, if political griev-
ances are the cause of crime, should not those grievances produce
the effect in one part of the country that they do in another?
Be these grievances real or imaginary, surely we ought to find
them to the same extent and force in the county of Wexford as
in Limerick, in Kildare as in Roscommon, in Meath
as in Tipperary. But these outrages have no features
of an insurrectionary character; they are perpetrated on
private grounds, and it cannot, therefore, be supposed that
they have their origin in any political grievance whatever. It
does not appear to me that continuing this dis-
cussion will lead to any satisfactory result. Her
Majesty's Government have given sufficient proof in the
Bills that they have passed, and those that are in
contemplation, of their desire to remove any cause of dissatisfac-
tion which may exist with regard to the political condition of
Ireland. I think that if I were adverting to the measures
which are contemplated by Government, I should be distract-
ing your Lordship's attention from the subject under considera-
tion. Further opportunities shall be given to discuss
the merits of the measure, and to limit the discus-
sion now cannot in any way abridge its consideration.
With your Lordships' permission I will now come to another
part of the subject. At the same time I may say, that I shall
al ways be prepared, and I am sure the Government will also be
prepared, in matters of this nature, when opportu-
nities present themselves, to state their view with
regard to those measures which should be brought forward for
the good of Ireland. This I will say, my Lords,
and I say it without fear of contradiction, that
no measure of improvement, no measure whether
it be a political or a social measure, will be effectual
it the improvement of Ireland or of its people until you have
put an end to this system of terror to the people.—.
(Cheers.) My Lords, it is perfectly .true that
many of these outrages partake of agrarian outrage.
These arise, it is true, out of the present mode of
Lordships will be
extracts which I have read to your
suffiiiient to prove that. Formerly lord w •
tenure and occupation of land in Ireland. I think the copious
the habit of granting Zang leases, 'chi prey., t d
land going so much into the hands of middle men,
.anc. there
land
.e. s ereen
ein
was not so much subdivision of land. Subdivision of
land, as your Lordships may be
aware,
has become
ready to admit
very frequent in Ireland, and
that system has been of late very
country, and it has no doubt led to many of the
torch abused in that
evils which now prevail in
thelr v
Ireland
I di
how-
ever, the great cause ofof think,
Ireland is
They do operate
it is now affiected.—( Cheers. y . .
t h tuna ae te them
able as to alarm, and terrify, and
and to to prevent them,
the existence of those secret and illegal associations with which
magistrates forable and well-disposed,
in almost every case,
the magistrates
it is necsssar y to
pro-
tection. And, my Lords, 1 do think t
•atians. I therefore call
meet those secret and illegal associ
ti n to this measure.
upon your Lordships to give your sane
sanction
trust it
When it shall have passed, as I hopeenabled the Executive
will—
( Cheers )—when it shall have passed, r
of terror, and to give
Government to put an end to the reign
wealthy of that country
that peasantry of Ireland, and to the
People, and which I am
applying to th
that sort of security which the English
anparts of Ireland
happy to say, the peasantry in
tyhink we may look
forward to the satisfactory results
do now enjoy, then, my Lords,
a in ado it-
I which her Majesty's
Government are at this moment
no less when
that in the course of the present session . n
448,0001. has been voted for the purpose of employing the
people of Ireland in public works in that country. Yr ur
Mg. My Lords, your Lordships areen.gnog doubt awalre
Lordships are also aware that in the course of last session no
fewer than 13 railway Bills were passed, involving an expenditure
of nearly 9,000,0001. All this will be employed in a mode

which, ',it appears to use, to be most desirable to give employ-
ment to the labourers of that country. Now, my Lords, I say
it without fegi of cotradiction, that it is impossible that any
measures for the improvement of Ireland should be effectual
until such a measure as this shall have passed.—( Hear, hear.)
I will not say more, but trust and hope, and I am sure I express
the earnest prayer of her Majesty's Government, that, in pro-
posing
the present measure, there is no wish that the law should
remain aday longer than it is necessary for the protection of
life and property in Ireland. The Noble Lord concluded l
by moving the second reading of the Bill.
The Marquis of LANSDOWNE said the Noble Earl, in
:hewing, the necessity for the Bill before the House, had en-
tered into a statement that in many respects must have been
as painful for him to give as it was painful for their Lordships
to hear. He did not rise to offer the slightest oppo-
tion to the progress of the Bill—a Bill which, on
the face of it, as stated by her Majesty's Government,
was intended for the preservation of the lives and property of
her Majesty's subjects in many parts of Ireland, for he thought
the Bill should progress through the House without the least
possible delay. So far from blaming the Noble Lord and the
Government for bringing forward the measure at such an
early period of the section, he considered that after the de-
claration contained in her Majesty's Speech from the Throne,
which declaration was unhappily warranted by the facts
laid before the House in the Noble Earl's address, not a day
should have been lost in submitting the measure to Parliament.
Every day of delay after that declaration was a day lost. While
he therefore felt it was the duty of her Majesty's
Government to call the attention of the House
at an early time to this important subject, in or-
der to devise a measure to meet this deplorable
state of things in Ireland, he must not be understood to sup-
pose that this measure should take precedence of other mea-
sures for the relief of that country.— (Hear, hear.) The
adoption of this measure would not in the least degree
relieve her Majesty's Government from the carrying out
those other measures which were required to meet the state of
Ireland—measures that better accorded with the feel-
ings of their Lordships, and were calculated to benefit and
advance the social condition of the people of that country.
He considered it expedient that their Lordships, whether in-
vited by the Government or not, should enter into at consi-
deration at no distant period of measures that were more
calculated to give universal satisfaction than the
one at present before their Lordships.—( Hear, hear. )
He admitted, however, that this measure was necessary
to enable the Government and the people of Ireland to accom-
plish the carrying out of more extensive schemes of legis-
lation, which would be more conducive to the future peace
and prosperity of Ireland ; and he for one looked upon the
present measure as the indispensable precursor of more im-
portant propositions. How, let him ask, could mea-
sures, which were dictated for the benefit of Ire-
land, were calculated to excite the industry of that
country, and to produce local improvements ; nay, if some of
their Lordships would have it, calculated to confer additional
privileges upon the people of Ireland, be attended with any
I benefit or advantage to the people of the country, if mea-
-1 sures were not adopted for arresting the hand of the
midnight assassin ? ( Hear, hear, and cheers.) Let
them, then, at once enter into the consideration, after
the passing of this measure, of measures which were
calculated in a large degree to encourage the industry of Ire-
land, and to teach the poor man, notwithstanding what one
class of Legislators might say on the subject, that his labour
was his own property, and not subject to the caprice of,
or only to be exercised at the will of his superiors.
Nay, even if the privilege were to be extended—if the poor
man was to be enabled to vote where he had not voted before—
and he be enabled to take part in municipal deliberations—of
what value was that vote to him if there was a law in
existence which dictated to him how he should exercise
that vote, instead of allowing him to vole according to his
opinion ? He, therefore, did not feel that the Bill which had
been produced by the Noble Earl was one which would afford
the poor that protection which they stood so much in need of.
He had truly stated, in introducing it, that the crimes now per-
petrated in Ireland, extended to every state of society in which
any improvement had taken place ; that the present illicit law
was not directed so much against the rich as the poor man ;
for the rich man could guard himself against its consequences by
withdrawing from the scenes affected by those daring arid
systematic crimes ; they were directed against the poor
labouring man, against the man who answering to the call
of the Legislature sought to improve his country—( Hear)
—to the call of, his landlord, who, it was hoped, encouraged
him to improve the land which he held. Those crimes were
not confined to one county, but extended throughout the whole
of Ireland, and would end in consequences of death, insecurity
of property, and would cause capital in that country to be frit-
tered away to its serious detriment. On these grounds, he felt
that he should be ill doing his duty to Ireland, or to their Lord-
ships, if he did not express his opinion that the Bill brought in by
the Noble Earl would be of great benefit to that country. By so
doing, however, he would not be prevented from urging on
her Majesty's Ministers and their Lordships the necessity of
adopting measures to alleviate the sufferings of that people.
lie trusted that the time was come when her Majesty's Mi-
nisters would give that subject no unnecessary delay. Their
Lordships would do right to pass that Bill, and he had only
to say that he hoped they would give it all the considera-
tion which the nature of the measure required, in
order to secure the liberty and independence of the subject.
He was sure that the subject would obtain, at their Lordships'
hands, as little delay as possible, when it was considered that
every day added to the list of crimes committed in that
country. With reference to the particular previsions of the
Bill it was not is wish to interfere.—(Hear.) He hoped their
Lordships would consider the particular amount of punishment
to be dealt out, and that the particular character of each
county would be carefully attended to. He would not delay
their Lordships with many observations, as he was sure there
were persons better qualified to pronounce judgment
on the subject. But on that occasion he thought
that in the shape of penalties the expenses that would arise
ought to be levied from the districts creating them, and that
measures ought to be adopted for the purpose of protecting the
witnesses and the persons who might be instrumental
in bringing offenders to justice. It did appear to
him that the enactments of the t' Arms Bill" had
not been attended with the desired effect, for there had been a
considerable increase in the amount of crime, and their pre-
sent measure ought to be considered with reference to that Bill.
For the .liberty of the subject, he thought that the measure
I ought to be passed now, for in many parts of the coun-
try it would be found to be of great practical benefit.
Lord BROUGHAM agreed with the observations made by
the Noble Lord who had just sat down, and particularly with
his last observation, that the Bill ought not to be delayed for
the smallest space of time unless what was absolutely neces-
sary for well considering its proeisions. He would not act
counter to that feeling by endeavouring to defeat it in any
of its stages. He heartily deplored, he sincerely deplored, that
there should exist in any part of the British dominions, and
more especially in a part so near to themselves, a state of so-
ciety (confined, he would hope. to but a few districts), which,
if not strongly and energetically put down, to talk of social
improvements, to talk of any amelioration in the condition of
that country, and still more to talk of any legislative beneficial
effect, was as wild a fancy as ever entered into the mind of man.
—( Hear, hear.) The first duty imperative on their Lord-
ships was to make Ireland an habitable country. The picture
given by his Noble Friend did not take him or their Lordships
by surprise, conversant as they were with the general features
of the case, though not as fully acquainted with
those hideous details that picture which made
it impossible to say that Ireland was an habitable
place for any peaceable subject. The first duty of their Lord-
ships was to prevent this frightful state of crime which was
stalking abroad over the country, reducing county after county
to a state that made the denizens of the South Sea Islands a
preferable people to live among than the inhabitants of Ireland.
He lamented that one provision was not in the present Bill.
Bnt by the recommendation of the Noble Duke, whose advice
in most cases amounts to the force of a command, he ( Lord
Brougham) was induced to withdraw his measure. He re-
ferred to a measure to render it possible to obtain
convictions of crime, by having the trial of the
' accusation in a part of the country where the
jurors are not 'ubject to the shot of the assassin.
He did not think that this measure should be confined to Ire-
land, and if it were reckoned less invidious, he would rather it
were made a general than a particular and local measure. It
was clearly and without hesitation his opinion, and he be-
bevel he had the authority of some of the most emi-
nent lawyers and judges of the country, and also the
true constitutional principles of the country on his
side, that there should be power given to the pro-
secutor, under due regulations, as regarded the expense
of the defendants, of trying the case at the option of the
prosecutor. In the case of Ireland the Government, as pro-
secutors, should not be confined to the county or place where
the offence was alleged to be committed, but that they shoUld
have power to try the case in Dublin or Londonderry. It is an
every-day practice in England, in smuggling cases, where
the smuggler could not be committed, and the
penalties for contraband trading could not be obtained.
All these prosecutions, it is well known to your Lordships, are
tried in London. In Scotland it has been from tin 4 imme-
morial the custom of trying every description of cases, from
the greatest offence down to the lowest misdemeanour, all are
tried at Edinburgh, where he himself had seen this principle of
the administration of justice carried out in every day's occur-
rence. From the remote northern and southern parts of
Scotland all offences whatever are tried before the High Cri-
minal Court at Edinburgh. No benefit could accrue
to persons by being tried in the neighbourhood
where they are known. It is better for them
nine times out of ten, and better for the administration ten
times ten that they should be tried at some distance from the
place *here they were known. When a jury comes to the jury-
box impregnated with all the tittle-tattle of the neighbourhood,
they were not in a proper condition to give a true verdict. He
was referring to the law of the country. The old law was, that
a man should be tried by a jury of his neighbours. It was
called voisseau, and from this term comes the term venu,
now in use in legal phraseology. The criminal was,
according to the old law, to be tried by
hundreders in the hundred or hamlet in which the offence was
committed. In the reign of Queen Anne an appeal was
made to the Court of Queen's Bench to set aside the verdict
of a jury. The ground of the appeal was, that the jury were
. witnesses of the fact—the Court granted the rule in that case.
That was the explanation and origin of the law, which required
a jury to be impanelled on the spot where the crime was com-
mitted. His hope and trust was, that before many days were
over, the Government would be able to use effective measures
for putting down these disturbances ; and he threw out this
suggestion, because he thought it would add some-
what to the usefulness of the present measure,
and because he thought that the Bill would, of
itself, be ineffectual without it. He did not wish to prolong
the discussion, but he might be permitted to hope that some
alteration a ould take place in the penal enactments against such
persons as might be discovered out of doors after sunset.
Lord FARNHAM trusted their Lordships would allow
him to speak on this subject, connected as he was
with one of the most disturbed districts. If he
had been asked some fourteen months ago which was the
quietest and best conducted county in Ireland, he would with
pride have referred to his own county of Cavan, but he was
now sorry to say that since that time matters were widely
different. At the commencement of the last year the outrages in
the county of Cavan were principally marked by threatening no-
tices served on the smaller farmers, or the persons in the
next class. This was followed up by attacks on the houses of
the lower orders, rubbing them of fire-arms, and other out-
rages of that description, until at last they were terminated
by murder. Large bodies of men paraded the country with
fire-arms, swords, pistols, large pitchforks, and wattles. The
under agent of his friend, Mr. Hamblin, was walking in the
light of day through the town of Cavan, when the attempt was
made to murder him. Ne attempt was made by those present
to raise the hue and cry, and he, although then not resident I
in the country, felt it his duty to return home in order to
assist in suppressing the disturbances which existed.
He hoped that their Lordships would give their support to
this measure, which was calculated to give some sort of secu-
rity to those who still remained in the country. Immediately
on his arrival in the county of Cavan, the first intelligence that
was communicated to him was, that as Mr. Bell Booth was re-
turning from church the previous Sunday with his two sons, he t
was brutally murdered. There were a number of persons pre.
sent, he believed, at the murder; at all events, they I
were close at hand when the murder was committed.
No individual attempted to arrest the murderer, who
did not fly from the spot, but walked deliberately away.
The murderer of that gentleman had never been dis-
covered. Ile (Lord Farnham) arrived in Cavan the
day after the funeral of that honoured gentleman.
The cause of Mr. Bell Booth': death had never

been ascertained. Mr. Booth was a gentleman of small pro- I
perty, and he farmed the whole of it himself. He was
a very humane man. There was no party spirit involved
in the cause of his death.--(Hear, hear.) He had assisted
him (Lord Farnham) most strenuously in recommending
the dissolution of the Orange Society in 1836, and on every oc-
casion when he recommended the discontinuance of party
processions he gave him most cordial support. He
(Lord Farnharn) made those recommendations because
he conceived that they only tended to separate man
frem man, and keep up that religious animosity which was
stirred up on every such occasion. The funeral
of Mr. Bell Booth took place about twelve miles
from the place where he was murdered, and was
attended by thousands of armed persons, who came
from different parishes in the county. The town of Killishan-
dra was for 36 hours in the possession of armed
assassins. The local constabulary force was considerably
increased, because those anniversary processions which Orange.
men were accustomed to hold on the first of July,
were about to happen in eight days afterwards.
Forty magistrates were assembled in the town of Cavan, col-
, lected from various parts of the country, and their recom-
mendation was, that none of the lodges should walk in proces-
sion. It would be satisfactory to tell their Lordships that all
the lodges obeyed the recommendation with the exception of
two. The Noble Marquis had truly stated that this
was a Bill to protect the poor. He knew himself
there were many landed proprietors in Cavan who
felt that property had its duties as well as its rights, and there .
fore whose tenants were comparatively well attended to. But
the difference between the rich man and the poor farmer was,
that the rich man, however great the inconvenience to himself
could leave the country, but such was not the case with the
p 'or man. The farmers of Cavan were principally poor people,
occupying small portions of land. Twenty acres was consi-
dered a large farm. In order to be able so go elsewhere in case of
these outrages, they would be obliged to sell their furniture,
but in 'that case who would dare to purchase it ? The life of
the person would not be safe who made such a purchase. It
was his (Lord Farnham's) opinion that all the mischief arose
from the ribbon societies, the object of which were not con-
fined to dispu' es about land, but which extended
to the carrying out of personal revenge and
everything of an annoying and criminal character
Those of their Lordships connected with Ireland well
knew the nature of ribbon societies, but perhaps many of their
Lordships did not know what their constitution was. In that
case he could not do better, in conveying a knowlege of what
this constitution was, than by reading an extract from the
speech of a Noble Friend who had great weight with
their Lordships—he meant Lord Plunkett. Lord
Plunkett, in a charge to a jury in a case involv-
ing the ribbon societies, stated that no person of consideration
or wealth belonged to these societies, but that they were com-
posed of the humbler classes—men, ignorant and uneducated,
yet nevertheless prepared to do any act to forward their o.vn
interests, and to carry out any measure on the attainment of
which they had set their minds. (The Noble Lord here read
an extract from the speech, to this effect :—" And further that
the constitution of the ribbon societies was such that its mem-
bers would stop at nothing, however revolting in its nature, in
order to realise the objects for which they were associated. )
In conclusion, he begged to state that he should support the
measure, because he thought it was calculated to give pro-
tection to life and security to property in Ireland.—(Hear. )
The Marquis of CL AN RICA RD E declared that he should
vote for the measure, although he differed with some
of its details. He had addressed their Lordships on
this matter, and the observations he addressed to their
Lordships had. been made the subject of some very
severe remarks, and because, forsooth, he had ven-
tured to call upon the Government to protect life
anti property in Ireland. He denied that there
was any connexion between this measure and the larger and
more important ones which bore upon the future prosperity,
and while he regretted that any observations of his should
have given offence to any one, he could not but support a
measure which the Government declared was absolutely neces-
sary for strengthening and maintaining the law in Ireland.
It had been said that the Irish people required equal rights,
the extension of the franchise, and religious equality, and he
might be of opinion that they ought to concede these things, but
he was at a loss to understand the necessity of introducing them
into the question before their Lordships. Nothing could be
more absurd than this species of reasoning. According to it an
Irish farmer might say, "I have not that franchise to which I
am entitled," and they might say, " We know it, and we shall
take care that you are worse off than you are at the present
moment." To which it was possible he would reply, " But
protect my property and my life ;" to which they would reply,
" Because you have not the franchise, we shall leave your pro-
perty exposed and your life in danger." In his opinion some
law like that proposed by the Noble Earl was necessary in order
to afford the people of Ireland the enjoyment of those civil rights
to which they were entitled by the constitutional
Government under which they laboured. But there
were parts of the Bill to which he could not
agree. He decidedly objected to that portion of it which
set forth that it should be permanent. In introducing it, the
Noble Earl stated, that at an early period he expected the
Government would be enabled, on account of the improved
state of Ireland, to propose its repeal.—( Hear, hear.)
But, in his opinion, it should only be passed for
a limited period, for he should despair if he thought
it was necessary always to continue such an Act,
in which the power given was undoubtedly of an arbitrary
nature, and he was against giving such a power for an inde-
finite period. Its continuance should he fixed by a clause,
and when that period expired the Legislature might ex-
tend it for a further period, if the state of the country rendered
it necessary. There was another part of the Bill to
which he objected. He agreed with those Noble Lords who
had spoken on that side of the House, that punishment
ought not to be inflicted on those who were indirectly and not
directly concerned in the commission of murder, by imposing a
tax on them and the districts in which they resided, in order
to reimburse the wives, children, and other relations
of . the murdered man.—( Hear.) He admitted that
this tax should be imposed on affected districts ; but they
ought to be careful of committing an injustice by not making
a proper distinction between persons convicted and not con-
victed ; for a lunatic might take away life—he might commit se-
veral murders, or other crimes of less magnitude, for which he
would be immediately convicted; but it would be extremely hard,
where no combinations, and no crimes like those pointed at in the
Bill existed, that the Lord Lieutenant should order a
pension, in the shape of compensation, to the rela-
tions of the person deprived of life.—( Hear, hear.)
He considered that if the inhabitants rose up and arrested the
man who committed a crime, they ought not to be punished
by the infliction of penalties for such crimes. It was worthy
of their Lordships' observation, that in courts of justice it had been
proved that many of those crimes were committed by strangers
from other counties, and he (Lord Clanricarde) thought
that where it could be proved that the perpetrators of crime
were brought to justice no penalty ought •to be imposed.
There was another point also, which was, that he thought that
the power of transportation for life should not be given by the
Bill, without the signature of the Lord Lieutenant being
previously obtained. With respect to the change
of venue, he thought it was very often a disad-
vantage for a man to be tried in another county.
If a man was a bad character, and was convicted, he thought
it important that that conviction should take place in the county
where the act was committed. There ought to be, also,
a reference to the gentlemen of the county to take the
circumstances into consideration. But these were mat.
ters of detail. He rose to say he was more and more
confirmed that such a measure was necessary; from what
he had heard, the Government were tardy in doing their
duty, but he would give them his cordial support.
The Earl of WICKLOW said he was not in the least
disposed to give any opposition to the Bill, because
he thought it an exceedingly useful measure. With
respect to the observations of his Noble Friend re-
specting the permanency of the Bill, he (the Earl
of Wicklow) begged leave to observe that, as the Par-
liament met every year, it was in the power of the Govern-
ment, or any individual Member, to move the repeal of the
measure whenever desirable. He would take that opportu-
nity of giving his opinion that there are two great
objects to be attained for the prevention of crime in
that country, anti it appeared to him that the Bill
was well framed for the purpose. There was another for the
purpose of bringing to justice the perpetrators of crime.
Ills Noble and Learned Friend alluded to that subject. He (Lord
Clanricarde) considered that it was quite as necessary to secure
the detection and conviction of criminals as it was to prevent the
commission of crime. Their Lordships saw the result of this in the
details which had been read to them, from which it ap-
peared that it was impossible to find witnesses to
come forward, or jurors to convict. In other coercion
Bills which had been enacted, and in the last one,
brought in by Lord Grey, there was a provision to
secure the conviction of criminals. He did trust, therefore,
that the Government would introduce clauses to this effect into
the present Bill, or would bring in a Bill specially on the sub-
ject. He would not at this stage of the proceedings make any
objection to the Bill, but would content himself at present with
these few observations. •
The Earl of CLANCARTY did not wish the discussion to
be brought to a close without making a few observations
on two of the provisions of the Act. In the first clause
of the Act it was stated, that when murder or an at-
tempt to murder was committed in any district, the
Lord Lieutenant would have the power of sending doss n an ad-
ditional number of constables and magistrates to that locality.
He did not think that this was the meet effectual mode of
meeting the case, for local knowledge was an object of greater
consequence than numbers of policemen and magistrates.
This, unless the stipendiary magistrates were to be a perpetual
burden to the country (which God forbid), the Noble Lord
considered could not be obtained by them. The local magis-
trates would feel a greater interest in the preservation of the
peace of that district. They would, and could, give more as-
sistance in such cases as these, and it would be more likely
to further the ends of justice. The police magistrate
had not the same local knowledge, nor does he feel the same
interest in the well being of the district. If the police courts
of Ireland were placed in more immediate relation with the
local magistrates, no person would have more ready access to
information than they would; to none would information be
more readily conveyed, provided he were looked upon as an
accredited officer for maintainingthe peace of the country. He
did not mean that sort of information held in such abhorrence
by the people of Ireland—information made for the
purpose of obtaining the rewards offered by Government, but
he referred to that information which a poor man may make
to his landlord, who, as a magistrate, might turn it to some
account, for the prevention of crime; which he (the Earl
of Clancarty) maintained, would be much better than vindi-
cating the justice of the law after the commission of crime.
He did not wish to cast any imputation upon the
stipendiary magistrates ; but could their Lordships
listen to that large catalogue of crimes, those unclaimed
rewards, and those offences which had hitherto gone un-
punished, without coming to the conclusion that, notwith-
standing the great increase in the administration of
justice, crime had, nevertheless considerably increased.
He thought a reference to these circumstances might raise the
question, whether a paid or unpaid magistracy were the proper
persons to be entrusted with authority in Ireland. Again, in
former times , there had been causes for dissatisfac-
tion. These were the grievances of the penal statute.
These had, however, all been removed. Again there

existed no longer exclusive privileges. They had had seventeen
years of conciliatory measures, they had had Cathoilc eman-
cipation, the Reform Bill, Protestant associations had been
abolished, the tithe had been comparatively extinguished, the
public funds had been withdrawn from the Protestant
schools and placed at the disposal of a board which
leant more to the Roman Catholic than to the re-
formed faith. He might add that the Chureh of Rome
had bean s mctioned in Ireland, and last, not least, the college
of Maynooth had been endowed. He thought that these Acts
showed at least a disposition on the part of the Government to
co-operate in the establishment of peace in Ireland.—(Elear.)
He wished to call the attenti in of the House to the provisions
of the Act. He thought that the clauses which provided
for the families of persons murdered in the present state
of the country should be recast. An alteration in this
particular would add to the utility of the measure.
He thought that their Lordships should pr,vide some enact-
ment to which the poor should be compelled to resort, instead
of remaining as mendicants upon the face of the country ; and
he would say that if their Lordships did that, they would do much
more than this Bill could do for the peace of the people of
Ireland. Had the poor-rate been applied to that purpose—
had the mass of the poor of that country been relieved, the
pressure of destitution which at present was so fearfully felt,
and which in so great a measure tended to demoralise
the people, would have been considerably lessened.
They were impoverished, and forced to associate with de-

•
prayed characters, and thus were brought about these
instances of bloodshed, the details of which had been laid
before their Lordships. Under other circuetestaleet
s
those murders would not have been committed. 5,2,,
so long as a number of destitute persons perva zr:
the country, without any stake or interestin le:
and led a medicant life, they need not be sur-
prised at such a state of things as had been detailed to them.
So long as misery and wretchtelness prevailed in Ireland siot
ong would the peace of the country be destroyed, despite suet
wisb_ou
measures as the present. He could not sit down
J
expressing his very deep regret that the ease of •
land should be year after year dragged be,°'erh
the country, which was calculated to give such
an unjust impression of the character
the,
people. As an Irishman he felt indignant, becaUf ses
impression that was thus created in the minds 4;
Englishmen was very much the reverse ouch es
they truly deserved. They were not such is
their Lordships might infer from the details which had be
et!
laid before them. The Government ought to bring forvraea
such measures as were calculated to make the people comfortable
and well fed, and they might then expect the country .1.!
be in a peaceable eonditition. Such measures would effect
,f
peace much more than any coercive measure which they coal 4
pass. • h bad
Lord CAMPBELL thought that the observations wine
rtu
fallen from the Noble Lord who had just sat down were wol
of the greatest consideration. He wished to makebi:
few observations on what had fallen from 0,
Noble and Learned Friend (Lord Brougharo)s„ but
would not presume to offer any obstruction to the Blot lie
to express his opinion against a doctrine propounded bY
Noble and Learned Friend. He must protest against au;
doctrine, that in the prosecution of such cases as was
es
templated by this Bill, parties should be tried to •
distance from the place of their abode. That there snightbede
state of things in which it would be necessary 50 do
so he would nut deny cases in which juries would Detect •
their deity, and witnesses declined giving their evidence. P...
Such a course was not to be taken unless under extraordiTs
cireumstances. But he had no difficulty in saying that 'trite'
course, if it was made a standing law, would be an ievasi°that
the rights end privileges of the people. He defeneled
srtY
maxim of the cesnmon law-of England that the accused Pthe
should be tried in the neighbourhood of the place where, ie
offence was committed. The advantage to the that.idulio
being tried in the neighbour hood of the place was, be
a better opportunity of establishing his innocence atlese.
neighbours, who knew his character, than in a distaMffeetl
I'
Besides, if he was dragged to a distant part, the rhe seed
would be to produce his witnesses. It Might the
that the Government should be compelled to palls
ie
expense of these witnesses. But it would be ieer"lto (115 t
many cases to take witnesses from their employment anr of
tent parts, and then the accused would suffer from
of s
exculpatory evidence. Besides, the trial and convietiorritoe
criminal in the nighbouhood where the offence was °tell:Diet
would have a greater effect than it could have in a dislansseThies
where that case had never been heard' of. If the 51"-e-e, of •
Government always had the power of selecting the P's risest
trial in political cases, they might commit the hi be
arbitrary acts.—(Hear, hear.) A man who we,uoight
considered innocent in his own neighbourhood, an° d to
really have committed no offence, must be carrie .res
a distant part of the country, where prejudices existed strop,
his sentiments, political or religious, and he might be unjustlieed•
victed of, and punished for an offence he had never eolnutricslll
His Noble and Learned Friend had stated, that Prseio
this was the law of England, but it was not so. lb, eie the
England provided that the trial should take place on'Y't; the
county where the offence was committed, subject 014 ,
rbe
wholesome provision, that upon cause being
Supreme Court of Queen's Bench might change the velMre'tesl
order the trial to take place in the county where a 41,
could be had. The criminal law of Scotland, he regretted s
was very unfavourable to the criminal. The civil larthi"sof
ever, of that country was the best in existence, and the
;eat!
England had often borrowed many important imPr°ve
ssd
from it; but the criminal law of Scotland was arbitrarrisole
severe in the extreme. The Court of Justiciary in niells'
it *as supposed could do what they pleased with crl
ceod.
and it was to be regretted that they did not always': aet.e•
ing to the precepts of prudence or justice. Till lately*, 1.001
land, the judge selected the jury, he took the panel, an sis
those who should he upon the jury ; and within the ttsbbiaie
months the Court of Justiciary in Scotland declared tbta
made 011.
had power to create any new offence which they wligb diffe;
contrary to expediency, policy, or justice. There WO. lb 00
ence of opinion with regard to the punishment referred t°'
to be inflicted for the offences which had been refetVt shg
Some said, shorten life, but at length it was agreed ;o°l
punishment should be transportation. Lord Cockborn,,,prair
oely dissentient to the alteration. But he hoped that tns'else
tice which prevailed in Scotland would not be a coneleSeisnr
gument for its adoption in Ireland.—( Hear.) If the Se
ment had made out a strong case for giving them fr".eat':l
trary power, they might have been entitled to it.
aniest
apprehended that the measure introduced by the Ge coree
would answer all the purposes required. He strongly e 14._jor
in the objections which had fallen from amplineePrie
Lords against continuing the measure for an off •
instead of a definite period.—( Hear.) If the state bops
country at the expiration of the law sought to be labs
was not in a fit state to allow its abolition, there con
,de • '
difficulty in continuing it.
Lord BROUGHAM wished to say a few words in, e%eart
Lion. He certainly never said the law of England wasecs
to the law of Scotland with respect to the violent crbne'' Ise
to be put down in Ireland. He said that, under the or
Englanddifficult Weess
a conviction. This was notorious in smuggling ces'd ("T.stance. He was sorry his Noble and Learned Frie° Ise
Campbell) had taken the trouble to show what a badbe sits
isted in Scotland. With respect to them, howevertroblos.
showed that good might come out of evil. His els! so"'
Learned Friend's argument was the same as that piss
test
with respect to the privilege question, in which it
tamed that they might make any punishr°eeis,o7o
liked for a violation of the privileges of the Houses of r!'i is
He said it would be a great general improvernalest elle PLO •
the law generally. He was quite sure, if his Dn" mart
looked into the Act, he would find that a similar ens tiro
proposed by him (Lord Brougham). There were two 'lee revise
recommended his Noble Friend (Lord Campbell) t"weee;,
his memory by reading them. He felt it his dall'oeffele
troducing those Acts, to create court-martials to try sietieprosil
and giving a power to condemn a man to transrer;
life. In the 79th clause of the same Act his l","eetetheli
would find what he had stated to be correct. He dwg's, ce4
into these general questions at all. But the venue
(tee Vst
was not opposed, passed in the month of August, an le 0
Brougham) was quite sure there were not such elees es,
present. 01 id
Lord CAMPBELL said he would not enter inr, sos
troversy with his Noble and Learned Friend, for 'l'49
known be was a Scotch advocate, and it would be hogeesoir
for the advantage of his country if he had never be bed,
intentions.—(A laugh.) In his Noble Friend'a 4,l,std
understood what was its intention, for as they t°
Lordships did not m tiake the law, but were cr trie
Clare it. eeondetlit
Earl GREY said, before the Bill was read a 5- or- le
he wished to say a few words, and he was bound to rens 00500
his Noble Friend had made out a sufficiently alrecllaritliste
justify Parliament in arming the Government wit", Oriel
powers. He deplored and he regretted that a
sold 0400
made out for passing stringent measures, but be d° des
remember that that was not the first Bill of that
teastee
that they had been called on to pass. For the last "-Side',
since the union took place there were no five consee
in which the ordinary law of the country was stiffiejettteerys
cession of Acts had been passed at different times for pest
of arming the Executive with additional power. Wit fat st, the'
towards the pacification of the country, the fearodoisersloj
things which the Noble Lord depicted in intr 0 oe°
present Bill was evidence, the tendency of which rib, OP otiori
mistake. After that statement it could hardlY la b°,
that this Act, which was of a similar nature °4, °Tile;
cient to repress the insubordination which exise:lo. so 0,011
no other alternative left but pecuniary grants'
tbe °Or-
eleemosynary relief could meet the distresses 0- diegee4
Parliament afforded that relief ; but, notwithsta°t, eeree
Acts which had been passed for the purpose °eel cvstAa
obueetrnagme,aadnedbnyottwhiethsltmanpderiniagl apllatrhlieagmreanntt: for re 10013
no per
try, te.
effectual improvement had taken place in that ee° eye elf
,ieths
proves that they ought not to continue in that 'tot
ordure. They were bound to go to the reoseeog
evil, not merely to repress by arbitrarYta &Ora
commission of offences against life in t".%0 110
but to take away the spirit of disaffect,
eft
prevailed. He therefore thought that Parliao f the of
not be doing its duty if it did not pass a measureo°34 reset
lie referred to. Ile was well aware that the seee tbesdessr
of the Bill was not the time for the discussion or to eel
sures ; but, he said, that if before that
,s s
Bill left the
measure of the description he alluded to were not It'eiels°'
if, before the third reading of the Bill, we are tie rt,' 10000
full and wise policy which her Majesty
adopt—in that case it will be the duty of this lionoseeerialoe
lay the passing of the Bill, not to refuse the Goverree relelee
powers which are necess try for the protection of by $1
even more than the rich, but, at the same tinleeeeplinte.t
vote to record our opinions upon the necessity of ‘""da Arm tlO.l
this measure measures of the kind to which he b oeiews,,e're
( Hear, hear.) So strongly did he entertain the, yon7;estes,
if no other Noble Lord of longer standing in thlloipoiassc,
more entitled to claim the attention of their Left 10°0 •
he 5 t°
be prepared to bring forward such a measuree,,ii esge,‘
upon himself the task, when the present qeschbteres'bee'
read a third time, to submit to their ,to be -eor
what shape he had not yet sufficiently considered "
,
to state, a resolution in an address to tier 3lnie'tYs'et -hie° PI
their Lordships not to rest satisfied with the Pr to °
or with these other measures of immediate reliestore sieePetelse '
would give his cordial consent, and to look t:: od 410
the present condition of the people of Irelal this ei,e spew
your to apply some remedy commensurate with bids 're, is.
considered it better to reserve any remarks reiessubeto
have to make upon the details of the ereseesteeed wile
would, however, just say that he cordially aPP-e.olv are3eor elf
ciple of that part of the Bill which sought to tolacesb
artas/
districts of the country in which offeeeee tookianeilieseenseftee
of providing for the support of the bereaved OPe priPoe
expense of giving rewards for the diseover,Yeea GOO
( Hear, )hopedhear. believed this was a seelfl'eosler ies.
ple, and he p that Government Would sosetioe bt seer
more perfect, and make them permanteetitationofle
could not help protesting against the al
introduced by a Noble Lord. The elrLert pere7e4peoilt
anion would be to induce juries to enusine the- eseeler
upon insufficient evidence, because by untlw.,,,b; Congoe 701
guilty the district to which the perso "eesilet t set °tied
juries
sed Ptati°rdistricts 'bolo,
the minds of the juries to relieve the sheot beg del
belonged would bebe relievedatEn of awll
beiexhr reighf hos je
lived by unfair verdicts. He thought to
which the Bill then stood, an inducern
to jurymen to convict parties, rd would those crketil
amendment sought for by the Noble Lo__
eret of
ss Fete, st
ld
provement. He agreed, that thoughcres-irree weed io
end, theernetfowe°4:billlg4bieLieeilise;
on the district in which they were . grerieelia
tee
cies
popdlatiost
they eseersease
properreasonable, the
c :mmand for the prevention of crimes itrred be la beer ere
unpunished. It was his opinion that the
con„queri- seisingbs
Lord 00
olit
support the law, for crime only
.r_cduistrict se_o2se. ro_
pecuniary expenses
another
point
wtohicwhhiacrhose In • ularlY the its
shiest eto
call the attention of theiresa batß theo tee
that a clause should be inserted in
eestea ssi re
duration. A Noble Lord had segge it• or! gin
would teem in ° dissese
better one, because no Government
estife t'''esed t°cA ""s
unless circumstances were such as towtas
not rep eget-seesaw
should be repealed. He thouht that ore Oieb get
lauses which e
from it ; but he hoped that the c _ea supers
out De'" SOP
the punishment of persons
In the present stage of the bill, he suds'
WS
would be considerably modified. ni• Of
After a few words from the Islarq
the Bill was read a second time.
Ss'
itondto before
AlniV Sr
HOUSE OF COM,— minutes sore
Their Lordships ob.
a 0
RAILWAY nu
ead seeonno
Numerous Railway Bills weLer
novo of t
The SPEAKER took the Chair I,,itsaiNre;ss,
toe, s°
sr•
ordered to be committed. The
follow :
Exeter and Exmouth Railway. -
Taw Vale Railway Extension J,,
°n /bebop
Eastern Union and Hadleigh un_sell
a,,9
1,
Slamannan and Borrowbteuneso

... ............ ••••

)out th• se
f been laid
cuinstayees
ted. not
perm:led
it it, if.

be cur-
ed to thern.
Ireland so
iespite such
wn without
se of Re'
'ed before
give be
of 1,!1
oecauttee Ine,
of inds
Whar
- 01
nl
such Is
.41 had been
cin forward
orng fortable
country
.to
uld effect its
they cold

few.S ° of,
;10%
O dr
0811%A 0
1311"

IsViaimsn
went
euanr7tnoavrrinnd, .—___
itrlsonrnehien.g)side, and Coltness Railway (Improve-
Railway iliathgate and Jawcraig Branches).
.Wishavr and Gthness Railway (Greenhill Branch).
Wihontown, Aforningstde, and Coltness Railway (Knowton
liran‘h).
bbEdinburß gh and Northern Railway (Pettycur and Perth Har-
our
kn ranches and Deviations).
burgh and Northern Railway (Branches from the Dundee
Z„
.and Arbroath Railway and Tay Ferry Improvement).
iinburnoergh and Northern Railway (Strathearn Deviation).
tensio ns)gh . and Northern Railway (Lochgelly and Leslie Ex-
,
'r4lltibugh and Northern Railway (Kinross, Woodmill, and
tiswburgh Branches).
°burgh and Northern Railway (Newport and St. Andrew's
t
Branch) pa neashire• and 'Yorkshire North Eastern Railway.
hired Aila Crieff Direct Railway.
I:7, Bridge of Weir, and Port Glasgow Junction Railway.
I,v,.oonrte.hos_n‘i,erisciternroyßdsoiniwßaya.ilway (Thames Junction Branch).
tint Helen's Canal and Railway.
Aird, and West Yorkshire Junction Railway.
L'arld Railway (Syston to Peterborough Deviations and
~,, ruches).
i:outh Midland Railway (Northampton an4'Bedford Lines).
t.,410n and Birnaingham Railway (Newpiar't Pagnell Branch)n. t and Birmingham Railway (Saint Alban's and Loto
, ranch).
\';l:aelp,tenhani and Oxford Railway.
W„,?°,.v Dumfries, and Carlisle Railway.
Leti'd`o°lll Nirtland Junction Railway .
ntith N' • °nnalow, and Western Railway,
c.buter'l„idland Railway (Huntingdon
. Branch).
tiot,,h ;., sopshatn, and Exmouth Railway. .
~tith fastern Railway (Tunbridge Wells to Hastings and Rye).
South f;',tern Railway ( Branch from Reigate to Dorking)te.r.. s(nith etern Railway (Maidstone to Strood near Roches )
soulh
~astern hallway
(from Canterbury to Dover).
nth 'a'tertl Railway (from Chislet to Margate)._
Gri, astern Railway (from the Godstone station to East
4th yead).
tla,gotwast:rn Railvvay (Rye to Rye Harbour).
, a t isley, Kilmarnock, and Ayr Railway Amendment
Clasr.,,,:arphes (No. 1).
'4 11' )aisleY, Kilmarnock, and Ayr Railway Amendment
Cje,ge ranches (No. 2).
k 141 'II' PaisleY, Kilmarnock and Ayr Railway Amendment
4orfeik "„annhes (No. 3), '
`girth
nri tirallway Extension (Dereham, Wells, and Blakeney).
, British Railway and Branches (No. 1).
''arth British Railway 2 Hawiek Branches). kt•th )313;iittiics,h F.ailwaY (No. 3--Carlisle Extension).
liks4,' runiwaY (No. 4—Gretna Branch).
[kr, t,' JON GAS-LIGHT AND COA.h BILL..
I,e 0 '"0 NER opposed the second reading of this Bill, on
„Nei_
L'iaiki that rul that one gas company already existed in the town,
n'sat, u_lt was incompatible with the convenience of the inha-
nv "tb`uat‘.another.. company should be allowed to be formed.
'' thy I'M _objection he entertained towrds
_this
rßuill
;!i,le ` they wished thc House to recognise
fitheinp i
0 se a•
reertleat,4"win.Z a Bill through Committee, confirming latns
:*l,„joils ithout the House knowing f
'' h ‘.. r .
any He contended that they ought 3 to
mkpnaonwy
'.N. A:e_ Power ought to be giventhi U
drat —.Jar as he knew Bilston was served with gas in the
cle . ttatjuonl.• -
1 thtet, teal manner. The old Company
41 tht "411nder the Registration Act for neatl twelvhead months,been
te'h:ilte7,.
wknae2v, that when a Company of such an extensive
th arred , . loraned there were certain necessary expenses
eY iiin'' 1"()%v, if they passed this Bill, by one of its clauses tP44
.4 Y to l;.(1 the liabilities of the shareholders in the elder com-
Lc, the Per share. He (Mr. Spooner) did not know whe-
,-4'ady 4;reciunt so limited would be sufficient to pay the debts.
whe-
t dteetred. He thought that the public creditor
ilee.-(4era.t lekt have had notice of this alteration of the. star -I-
cei,° givell, fl • was not aware however
.that such notice had
e,,,et wa 'Alt there was another objection which he con-
e7d. Tkeven more formidable than those he had enume-
to'at al 107 Board oef Trade had always laid it down as a rule
Q°l. pt7.e Works like these the profits should be limited
Clan,' tent He understood that the Bilston Gas
4-ta 1 . stip i• . • • - -
the very lowest price,
te ey, 6, P led tne inhflntants at . .
44tatle • Per 1,000 etibic feet ; 'and, looking into l tbe
tsiti'leost;ththe.thought that the House would be justifiedin
llik ',Pr amt. ts Bill. It would even be a Waving of expense
read
Yl:fx--`rs• He should, therefore, move that it e
bilk Atll)oeths.
i), ep,'l, Z, in a few words, which were inaudible in the
4§;..0 rd i''"fled the 1.1 n M ber's motion.
litl4ltn-;iOtIESTRE nhOpedenithe House would adopt 'the
Pettit' VILLw that the Bill be then read. a second time.
r,it'h hki b''''RS, in reply, said that it was untree that no
eve,- l'etitia„ ,!en presented to the House in favour of
.the Bill,
l'sla ,Y hou:Luad been presented the other evening, signed by
Ihe I,7eunlder f 8.1 ton praying the House o %aet4lber (I,_l*--(Criens of ‘:llear hear.") The Honourable
111„eb Ir. S(rope) had said that the rice of as in
(4 let was,°ltrhood was 63per thousand cubic- feet. Now,
tett'at, h, th, at the lowest.
price was 83. per thousand feet.—
kil thee-:' ) There were 22,000 inhabitants in Bilston,
1111), kid ti,:ere all unanimously in favour of the present
NC eoa -Y stated in th • rtition that at present they lay
talerable disadvantage in consequence of the Gas
tl,.l4ltulei A
4r .°ll' AIeNS,,°N uite concurred in all the expressions. of
itt'lY hnni.daluar whqo had last addressed the House. He sin-
ji? thVa'wtiltlrat the House would allow the Bill to be read a
the
tTliottout the least delay.—( Hear. )
,li,ll-)4Qabita 'IEL Y supported the Bill. It was not fairBs thater
,ti L. feet :0;44 DI Bilston should be compelled to
t° tPoof gas, when in Wolverhampton it was buttasy.6 dd.,
eTend
tzeti; Naa' where he • led 4s. 6d., and about to be re_ u
q),pit'tli°.% 0-finthgrthet everyresligas,.conFumer in the town, with the
Iky 1,4 the bee, had signed in favour of the Bill, it would be
141t,?.tatwi,4:. ?In: t4wL aEntvir
t Utj lilouse to reject it.
4IN ld 6a. e a
otf -oßpiiinstinonn. thatThaneothinehrabGitaasntCsornal ;
OtPPly tee held oP: I,oooh feet, notcu Sin sp.
aansystwataesdt;heanpdruthmeisoentyu
te eta at ,by t e new
his ta tea,•
4tcNarit,,words from Mr. MORRISON, the amendment
I:64„,titile'e. 4 without a division, and the Bill was read a
A t%
,D, h
AND - BRIGHTON (WANDSWORTH . tier. 'l'ol4, BRANCH) RAILWAY.
L', 44,e RING
4441:e' Pra presented a petition from the opponents of
11 Ying for leave to be heard against the Dill
LEA
l'rs '.
COLLE,IISH MIDLAND • RAILWA Y.
ts.
'8 presented a petition in favour of this
al ll4,
"ttliTitsv.o'r NORTHERN RAILWAY. _
AI:- 'the. ~ Presented a petition from Montrose in favour
4,N.11444:\j'p
114''' 11 0 -411 MAN presented a petition in favour of the
I:ll`tere rsed bY berMajesty's Government. (The name
Ltq',.J. (), I&°4l„%hich it came was inaudible.)
' °I pe,`"NELL presented a petition, signed by a large
- k'll in Lancashire, in favour of the Ten Hears'

4
tl,„r. tit. 7,
if 41, eie,,,,,
tt,t,44l4ll),:heieshwiti:.4
tphree;ented a petition from the shipowners of
expressed their dissent front the peti-
4nyreY her rAol:ners of London, against the measure pro-
Nti ?Popo Jestra Government, and begged that the
4 en t.f 'ed by Sir R. Peel and now under the con-
the lio • h ' • 1
t'itl'er b use, mig_t pass into a aw. leki,.. CORN-LAWS.
i.,111 *°4l(l ''' SON presented a petition praying that this
4 I.li not
bdt. at th Pass the present Government measure, and
NlAir ti0,,1. e burdens on sericulture should be relieved by
,4:l,llistleie,o,nie-tas. -
°4,,jost th'''lGH presented several petitions from Corn-
O+VI, t,e present Government measure.
r"! or'-. Presented a petition from. Bingley, in Norfolk,
.t,der.f. iikreral of the corn-laws.
i4Y gait', ES°N presented eleven petitions from Lon-
, EN-t any alteration in ',:tie corn-laws.
vN BARcyIIOLMENT OF THE MILITIA.
'th, by ILAY present'ed a petition from _ Sunderland,
k ibilic ou inhabitanta of that town, against the enrol nt
Ille
11j S. .'lo,a.
N b ~A.Wpipp
Presented
tedapetition from Rochdale,
°the inhisk.itants of that also petitions from
vt.. r place. 111/Tcp, 3to the unte
freett.own ;
...rILL also
1
'll.'llrotTHE CHARTIST a petition to the same
' 4 ,7 ITT CONVICTS.
4NZko , t
re . presented a petition praying for a mitiga-
Mainder of the sentence passeslon Frost, Williams,
Cc_,
tip Op MOTIONS.— WEST RIDING UNION
rilkti N`cITT . RAILWAY.
'".4,.ef th. laid•-... Sir, an error having occurred in the
1.44,011 t " Select Committee on Standing Orders, it is my
kl
4•Ttt: atn,,l" to move that so much of the report of the
‘i',..'-'kt "'' Stand' presented on Friday last,
't 471 t , lug Orders,
' t-sel. e° the petition for leave to bring in the
ttr.s-tie, nat
thunion Railway Bill be annulled, and that
Illat e West Riding Union Bill would be brought
4), "I'
AIE
.the AIThovTROPOLITAN PRISONS.
• 144ite" Zave notice that on an early day he should
11 4%1 ef°,f the House to the state of the prisons under
,pitlt.
‘. ,1; City of London.
~4 kt t4triptAlliplßS OF GREECE.
1 tei) he wished to ask the Right Hon. Gentle-
,iditt tk44 of the ' Greek
1 ce,, kl Paid e Government whether theGo
to se.. the interest upon the loan granted
liiiY °IV Y? Al ', -lierieletiob, ~‘ is° whether the Right Hon. Gentleman.
~,...e;:t ~,4,eeil to '-ir'ay on the table a copy of the dispatch of
e
Edmundli Lyons, in whicht -a
(:,t!ls mu, n'tquired.
Itil•payment
Iflohn.
Otitb Tort ""her he hade also
.wished to ask. • Right. . pkit, ti, that th received any official communication
.It 4 ft, been * re,tent mails in passing the Isthmus of
4 IN titt,.
tie attacked by banditti the letters torn out, and
611 llous qr°Yed; and whether' those addressed to Sir
.t ii'l heti blaead been torn up, while those addressed to
„,tttids titllT 7,l4Pared?
~I'tee'llt,„. Should -c-EL. said the interest on the loan had not
',it IR, provisi be made for it by the Greek
'.,ll4tet aera,t W°01(1 be their Zty d rthe convention of the
:',. t; I,trietri illreake there quisite provisionuee for the payment of
',4NfIY to 41Pee'ttlezt
theayment would take place in a short pe-
to,to
igithe
queto. last dispatches upon that subject, and
Crtii, ye stinns of the Hon. Member, he was pre-
-1 hog 41" other i
'k had e et, repiy, and with respect to the report
;s,,', Sir -PP'ge of the courier, the only information
t.:ol,_eoue tdten received was contained in a letter
ii.,,,Tthlle%l:rf had"
bLyons. From that they learnt that
4 pat i the a "t 1 !topped with the letters and
kilt' NI 'll, dOf September, that all the
ti.th , tlii had , and
Crtlrti *ld Ito beue,en opened and their contents rifled. He
'14144.,.,1)11,°t beeritne agency of banditti. The only letter
Ott `4to" 4 G-r_°l)e.ned appeared to be a communication
A the (1, v 'rat, ;1, chief of the name of Rallish to the Greek
itt, th All these letters had been opened, he
i, fir tea tifespe:uPre.Ctation that they contained money, and
'N. oitli IN, 'Nit ileg It,
t;'11)441. l'illS w•INnIAN CONFLICT.
:N 1 ‘la,,jest..,Bllh to ask the Right Hon. Baronet at the
t,N
~°4loe . we'iL, Government some questions respecting
0 ttll,l‘;9iiet '4, ir was lately said to have been received
(IN, ttthat p ght. Ho*. Baronet must be aware of the
ttiketti:ripett, erefor:evailed on the subject, and be would beg
L 4: altoill the es b„ ,„whether the Government had received
pq,pap.itlforfnatjlee last East India mail? Secondly,
ti'hDttl)ii lit ‘,7! wa,
,11 Nihieh Lad been published by the
:.tb.p% 9ich hasaustantially correct ? Thirdly, whether
it,
17. iced.._
c,i till, en e. bre: u received, if there were any, would
',. e'i.ts, d ce,x,t_
.n Gazette to-morrow morning, and
, ittite iiitegio havge"ta•a% e returns of all the casualties which
,'411.1)01ke7.t.° be theffect during the battles ? Lastly,
,i, Ik. 4,14 1,,,; • of the circumstances which had
I,,Pktelts 4 'A.. wsf.,-,
til) 04 4%. pri"' I.cite read t •
Ott'% 11: had eeneithatihtk; ° Fciva an answer to. the (pes-
o,. ot tilt,
the
himself
seremn ation had been received. The
fMtle,,!A the 2,1 the Go._
o,rbt/t he had received a letter
11;11Noeli, ,4„;atelbei.as'Tnrnth-Lieneral ; and from that he
il' 147, ell f,2 substantially e Papers'
so far as the facts
Iss4N.bnit,toe,retteluttn' and that a
g.rceoarlev9t., so far as that
,a great
kki). ~.ot.
~. i/ew...., state not beenl'taomthcie
.414.411, P7slesa...,er, the ~. „es serious loss ~'d i 4 'IISIAt.,;-:q Would h_"4l t information which the
Without serious
t
lel, tri ,tries were"n'o:'bve?-1 to the public without
i44..ti)C()NPllk4l%lCcitette at theeingl•copied, and would be
Nth
liktroeet N.r.., L t cwkiii 8 t.,
or
lelviEaillsr)ol;s..ible moment.
hitti
~,,It, the halted to ask the questions of the Right
's' Oa notice', of her Ma'esty's Government of I
"'Poe ting tie municipal and olec-